Facts of Diablo Lawsuit

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Submitted by Citizens Against Police Brutality & Misconduct on Sat, 2012-10-27 22:31

1. On June 1, 2012, @ approximately 11:15 p.m. (“nighttime”) there was no 911 call and/or complaint by any neighbor regarding Gary’s car being parked illegally & blocking the sidewalk in front of his house. “Sgt. Gutzmer made the request to dispatch & send deputies to Gary’s house and falsely initiated the whole incident.”

2. On June 1, 2012, three (3) sheriff deputies, LeClair, Clancy, and (“ “), were dispatched & sent to address a “so called” house-party and then an illegally parked car!

3. On June 1, 2012, Gary’s car was not parked illegally and wasn’t even registered to Gary and/or to that address! “Gary has asked for photos of his alleged illegal parking the night of the shooting but has not received any.”

4. Particularly Deputy Clancy and/or other sheriff deputies had been dispatched & sent to Gary’s house 27 times between 2005 to 2011. Fifteen (15) of them times were for parking issues, nine (9) of them times were for large gatherings & house-parties, and three (3) of them times were for dog complaints, 4/21/2008, 6/1/2009, and 2011. “They’re fully conversant with the fact that Gary’s there living with Diablo.”

5. On June 1, 2012, both sheriff deputies per their own reports parked almost directly in front, of the “Dog Watch” hidden fence sign that was attached to the mailbox post which was located east at the (mouth) beginning of the driveway facing the roadway, when they arrived which is corroborated by Sheriff Technician Deputy S. Williams in his police report on said date!

6. The necropsy from Cornell University and other analyses of the shots fired (“bullet’s? trajectory”) at the 7-year-old pit bull, Diablo, clearly contradict both sheriff deputies police reports and indicate he was intentionally killed by someone shooting “straight downward” at him several times as he came out from underneath the garage door striking Diablo first in the right foreleg and then secondly with a 9mm bullet on the left lateral aspect of the dorsal neck killing Diablo, which is corroborated by several “downward angle” bullet holes in the base of said garage door that was raised up two (2) ft. the same height of Diablo, and not ten (10) ft. away from the garage door as they said while Diablo was “advancing aggressively” towards the deputies while standing twenty (20) ft. away from the house further down the driveway towards the street as they falsely claim in their police reports.

7. Also, the necropsy report says the bullet recovered that killed Diablo is consistent with a 9mm deforming semi-jacketed hollow point, which is not the standard issue ammunition and handgun for the Sheriff’s Office, and contradicts sheriff technician deputy S. Williams’ police report who recovered four (4) Federal 45 Auto bullet casings at Gary Brockler’s residence and submitted them into MCSO property on said date!

8. Both deputies — Shaun LeClair and Matthew Clancy — said they shot Diablo with their .45-caliber weapons, the ammunition and handguns issued by the Sheriff’s Office

Official Statement/Conclusion

It appears from said facts stated above and public knowledge that Deputy Clancy and certain members of the Monroe County Sheriff’s Office (“A-zone sub-station in Penfield, N.Y”) have a vendetta against Gary Brockler which has been ongoing for sometime and used the excuse that his car was parked illegally by blocking the sidewalk to
extract their revenge against Gary by killing his beloved dog Diablo.

Very truly yours,

____________________
Theodore “Teddy” Loria.
President
C.A.P.B.M.
1-(585) 739-7113.