cannabisnews.com: No Charges Filed Against Fremont Resident No Charges Filed Against Fremont Resident Posted by CN Staff on November 09, 2003 at 15:02:16 PT By Robert Airoldi, Staff Writer Source: Oakland Tribune Fremont -- A 41-year-old Fremont man, whose dog was shot and killed by police when they burst through his front door looking for marijuana plants, will not be charged with a crime, his lawyer said Wednesday. Robert Filgo was arrested Sept. 2 after seven police officers served a search warrant at his Niles home and found 79 plants in the backyard and garage. During the raid, his 1-year-old shepherd-Akita mix, Little Bear, was killed when officers fired their guns as the dog charged them, police said. Filgo disputed officers' assertions that the dog charged. Although pleased with the decision by the Alameda County District Attorney's office, Filgo said he will pursue a complaint against the department for killing his dog. "I knew that's what it was going to be and I was elated to find out about the decision," Filgo said. "But there was no reason for my dog to die." Filgo has a prescription from his doctor to use pot and a certificate from the Oakland Cannabis Cooperative allowing him to grow and possess the plant. Officials from the district attorney's office Wednesday could not be reached to comment on why they did not press charges. But Anthony Lowenstein, Filgo's attorney, said his client had not broken the law. "The D.A. lacked sufficient evidence to show Mr. Filgo possessed marijuana illegally, and they lacked sufficient evidence to demonstrate he possessed it for sale," he said. "It clearly was for personal use." During the search, police confiscated the plants, his medical marijuana certificate, a smoking device, several bags of marijuana and his computer. An order asking for the release of Filgo's property has been filed with the court, Lowenstein said. Note: Man will pursue complaint against cops for killing dog during raid.Complete Title: No Charges Filed Against Fremont Resident for Growing MarijuanaSource: Oakland Tribune (CA)Author: Robert Airoldi, Staff WriterPublished: Sunday, November 09, 2003Copyright: 2003 MediaNews Group, Inc. Contact: triblet angnewspapers.com Website: http://www.oaklandtribune.com/Related Articles & Web Site:Americans For Safe Accesshttp://www.safeaccessnow.org/Prosecutors Weigh Options In Medical Pot Caseshttp://cannabisnews.com/news/thread17477.shtmlFremont Man Claims Right To Grow Pothttp://cannabisnews.com/news/thread17234.shtml Home Comment Email Register Recent Comments Help Comment #16 posted by kaptinemo on November 11, 2003 at 13:36:27 PT: You're welcome, BigDawg I read that quote about 30 years ago in junior high school, and it stuck in my mind ever since. I can't think of a better tribute to our four-footed friends. [ Post Comment ] Comment #15 posted by BigDawg on November 11, 2003 at 09:36:01 PT Kaptainemo Thanks for such a wonderful quote.I had to save that one.... [ Post Comment ] Comment #14 posted by kaptinemo on November 11, 2003 at 04:43:08 PT: History repeats itself...bloodily and pointlessly This happened not too long ago, remember?http://www.propagandamatrix.com/killing_of_family_dog_unfolds_on_videotapeAnother family pet killed...and another murdering swine exhonerated...the family is lucky to be alive, themselves. [ Post Comment ] Comment #13 posted by SoberStoner on November 10, 2003 at 17:51:19 PT More paramilitary goons This is disgusting..every single person on that raid should be suspended and the shooter should be fired. A persons pets are sometimes the only true friends people have. They know when their owners are discomforted and will do whatever they can to make you feel better. They take the pain of the world and make it go away, at least for a little while. This poor person not only lost an animal, he lost a friend.If I had any respect left for the police in this country, it would have left with this story...As it is, it's just another reason we're a fully fledged police state.SS [ Post Comment ] Comment #12 posted by jvthc on November 10, 2003 at 15:42:44 PT: When an idiot has a gun.... every problem looks like a target. [ Post Comment ] Comment #11 posted by FoM on November 10, 2003 at 12:07:45 PT Why Do They Shoot Family Pets? I love my dogs. They are my friends. I want to know why they didn't use pepper spray and or even those rubber bullets. That would hurt a dog but it wouldn't kill him. The dog would run away. I mean even a tranqulizer shot at the dog and pepper spray to temporarily blind him until he passes out. This is cruel what I just said but it's better then losing someones loved pet. [ Post Comment ] Comment #10 posted by kaptinemo on November 10, 2003 at 07:30:53 PT: I can't abide cruelty to animals, either From a famous anti-animal-cruelty trial of the 19th Century:*"The best friend that a man has in this world may turn against him and become his enemy. His son or daughter whom he has reared with loving care may prove ungrateful. Those who are nearest and dearest to us, those whom we trust with our happiness and our good name may become traitors to their faith. The money that a man has, he may lose. It flies away from him perhaps when he needs it most. A man may sacrifice his reputation in a moment of ill-considered action. The people who are prone to fall on their knees and do us honor when success is with us may be the first to throw the stone of malice when failure settles its cloud upon our heads. The one absolutely unselfish friend that a man can have in this selfish world, the one that never deserts him, the one that never proves ungrateful or treacherous, is the dog. Gentlemen of the jury, a man's dog stands by him in prosperity and in poverty, in health and in sickness. He will sleep on the cold ground when the wintry winds blow, and the snow drives fiercely, if only he can be near his master's side. He will kiss the hand that has no food to offer, he will lick the wounds and sores that come in encounter with the roughness of the world. He guards the sleep of his pauper master as if he were a prince. When all other friends desert, he remains. When riches take wings and reputation falls to pieces, he is as constant in his love as the Sun in its journey through the heavens. If fortune drives the master forth and outcast into the world, friendless and homeless, the faithful dog asks no higher privilege than that of accompanying him, to guard him against danger, to fight against his enemies. And when the last scene of all comes, death takes the master in its embrace and his body is laid in the cold ground, no matter if all other friends desert him and pursue their way, there by his graveside will the noble dog be found, his head between his paws and his eyes sad but open in alert watchfulness, faithful and true, even unto death."-- George Vest (1869), lawyer and senator*Vest won his case, and the dog torturer it was brought against was pitched in the slammer, because of that speech. It was also the beginning of anti-animal-cruelty laws in this country.In Nihon (Japan, wakarimas-ka?) an Akita is considered to be good luck; giving a statuette of one to a friend is a mark of high respect, because it is a representation of the breed's legendary 'til-death loyalty to its' adopted family. They are powerful animals, but gentle with kids.I can only imagine what an Akita-Alsatian mix would be like, but given the Alsatian's smarts and Akita's toughness, I wouldn't want its' anger directed towards me.It was only doing what it had been bred to do...and cops carry pepper spray that's hurts a dogs' nose and eyes worse than ours. They could have incapcitated it.Murdering swine at it again. [ Post Comment ] Comment #9 posted by Jose Melendez on November 09, 2003 at 20:40:37 PT seriiously . . . I think we should engulf extremists in pigs. [ Post Comment ] Comment #8 posted by Sam Adams on November 09, 2003 at 20:31:59 PT Self control I'm very surprised the dog owner didn't go berserk, I used to have a Golden Retriever and if someone came in and shot her I'm not sure what I would have done. Some states have harsh laws for cruelty to animals or killing pets. In Europe the overall philosophy of their legal system is that cops must be held to the same laws as everyone else. The shooters should be arrested. Oh yeah, I forgot, this is the U.S. [ Post Comment ] Comment #7 posted by E_Johnson on November 09, 2003 at 18:40:59 PT Dogs are blessed with something A good dog can really take the sting out of being human.Human society is filled with pain. That's why we need dogs. Islamic extremists like the Taliban and Al Qaeda consider dogs unclean and won't touch them.Islamic anti-extremists like Musharraf in Pakistan use dogs to send a message to the extremist clerics. Musharraf has two pet cocker spaniels and he walks them in public, and poses for news photos petting them and letting them climb on his lap.For Musharraf, his dogs are part of his battle for civil society in Pakistan.If someone hurt his dogs, he would interpret that as someone striking out at civilization itself. [ Post Comment ] Comment #6 posted by kaptinemo on November 09, 2003 at 18:09:36 PT: There's that word again...PRESCRIPTION First Montel's spokesperson, now the media is doing it.*"Filgo has a prescription from his doctor..." What's going on here? [ Post Comment ] Comment #5 posted by FoM on November 09, 2003 at 17:47:55 PT Adam1 I'm not sure if you know this but you can use your old name now. I wanted to make sure you knew. [ Post Comment ] Comment #4 posted by Adam1 on November 09, 2003 at 17:33:06 PT: Kill & rob first...and ask questions later? Seems like a far cry from innocent til proven guilty. Is this the way the California law is written, that police are allowed to break into a man's home, murder his companion, steal his wares.....and then take steps to see whether or not he has a medical card? Cha! SCREW THE DAMN CARD!!! What's the real danger here, 7 armed men who murder a one year old pup while robbing his owner at gun point, or 1 sick man and his pup growing herbal medicine? I think the answer is clear. This is traumatic enough just hearing about this. Mr. Filgo, I offer my sincere condolences. I hope there is something good for you in all this. I hope there is a possibility of filing criminal and civil charges against this rogue organisation. God Help this country. Eric Knudsen, Minnesota [ Post Comment ] Comment #3 posted by OverwhelmSam on November 09, 2003 at 16:09:26 PT: Another Opportunity For A Punative Lawsuit This guy seems to have standing to sue for the wrongful death of his pet, maybe cruelty of animals. Keep suing law enforcement until they get the message... "Stop the harassment of responsible marijuana users." [ Post Comment ] Comment #2 posted by Truth on November 09, 2003 at 15:10:34 PT jeez Senseless [ Post Comment ] Comment #1 posted by FoM on November 09, 2003 at 15:08:07 PT I'm going to go pet my dogs now I feel so bad for his dog being shot. I can't seem to find the right words to say how upset it makes me. [ Post Comment ] Post Comment