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Officer pleads no contest in death of canine partner


UNION-TRIBUNE STAFF WRITER

12:52 p.m. August 28, 2008

SAN DIEGO – A San Diego police officer charged in the death of his canine partner pleaded no contest Thursday to a misdemeanor charge of animal endangerment and was ordered to pay for the dog.

Paul Hubka, who was not present at the hearing, was placed on three years probation and ordered to complete 100 hours of community service at any non-profit agency within six months.

San Diego Superior Court Judge Dwayne Moring also ordered Hubka to pay the department $4,941 for the dog. The amount was outlined in a memo issued by San Diego police Chief William Lansdowne and referenced in court.

According to the prosecutor, the department paid $8,301 for the animal, which was more than 4 years old and fully trained at the time of purchase. The dog was expected to retire at the age of 8 1/2 years.

The amount Hubka must pay was calculated as the value of the dog at the time it died, according to the memo.

Hubka was charged earlier this month in connection with the dog's June 20 death. Authorities determined that Forrest, a 5 year-old Belgian Malinois, died of heatstroke at the officer's home in Alpine.

The officer, a 22-year veteran of the department, is accused of leaving the dog in a police cruiser with the windows rolled up on a day when East County temperatures exceeded 100 degrees.

Deputy District Attorney Julie Korsmeyer said her office would not oppose allowing Hubka to end his probation early if he completes the requirements set forth in the plea bargain.

Hubka's lawyer, Rick Pinckard, said after the hearing that his client is eager to put the case behind him. The misdemeanor charge Hubka was convicted of carried a maximum sentence of six months in jail and a $500 fine.

“This was unintentional,” Pinckard said. “It was essentially a mistake, but it has absolutely devastated him.”

Lansdowne has said he will decide what punitive action, if any, is necessary after an internal investigation is completed in a few weeks.

City Attorney Michael Aguirre filed a lawsuit earlier this month which seeks to recover the cost of the dog. Aguirre did not specify the amount he was seeking but said it would be in excess of $25,000.

Aguirre disagreed with the amount Hubka was ordered to pay.

“We think the number was significantly higher than that, that's why the city brought its own case,” he said in an interview Thursday.

The department's K-9 unit has received a replacement dog thanks to private donations. The San Diego Police Foundation, a non-profit organization, bought the dog in July for $10,344, said Wenda Alvarez, the foundation's president and chief executive officer.

“Several individuals approached us in response to the loss of the dog and wanted to help,” Alvarez said.

The new canine has not yet been assigned to a handler.


 Dana Littlefield: (619) 542-4590; dana.littlefield@uniontrib.com

Davis: (619) 542-4591; kristina.davis@uniontrib.com


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