Advertisement Jeffrey Bolger's defense motions to dismiss case Defense claims dog was dead prior to officer slitting throat Share Shares Copy Link Copy

A motion filed by a Baltimore police officer accused of slicing a dog's throat claims city prosecutors lost key evidence in the case, and that the dog involved had died before the officer wielded his knife.Link: Read the motion | Watch the reportThe motion says the state's chief medical examiner will testify that the dog died prior to the cutting. The motion contends there is also a 44-second video to support the claim that the dog appeared to have strangled itself prior to city agent Jeffery Bolger's actions.A motion to dismiss before Baltimore Circuit Court contends Bolger did not kill a 7-year-old shar-pei named Nala last summer, because the dog had already strangled itself to death.Bolger is scheduled to go to trial on animal cruelty charges Dec. 18. He's accused of slitting Nala’s throat, even though fellow officers had the dog under control using a dog pole.On June 14, Nala had escaped from her yard. Police responded to a call of a stray dog biting the hand of a pregnant woman. The officers had trouble catching the pet and believed it was foaming at the mouth, was dirty and malnourished.The defense motion to dismiss said two non-law enforcement witnesses will testify that the dog was lifeless for approximately five minutes while on the dog pole. Two law enforcement witnesses will testify the dog appeared to have strangulated itself prior to the dog pole being removed.Court papers indicate that Dr. David fowler, Maryland's chief medical examiner, will testify that the dog’s heart had stopped beating at the time of the incision and that the animal did not die from blood loss.The motion also explains: If the dog appeared lifeless, why did Bolger slit its throat?"Consequently, in the event that it was still alive, Agent Bolger wanted to end its suffering. Out of concern for public safety and the desire to cause the dog the least amount of pain as possible, Agent Bolger quickly cut the lifeless dog's carotid artery."The motion also alleges that the dog's collar, tag and the dog pole were never preserved as evidence, nor was it photographed. The tag had the owner’s phone number on it.Police said they called, but that number was not in service. The missing dog pole makes it, impossible to establish whether the dog fought against it leaving bite marks or blood.City police directed WBAL-TV 11's inquiry into claims key evidence is missing to the Baltimore City State's Attorney's Office, which said this is an ongoing case and it would be inappropriate to comment.The dog's owner, Sara Gossard, said she finds the claims unbelievable, saying it doesn't add up or make sense because witnesses told her police kicked the dog and never treated her pet humanely.