COMPROMISE ENDS DOG-SHOOTING CASE

Oregonian, The (Portland, OR) - August 4, 1998

Author/Byline: HOLLY DANKS of the Oregonian Staff

Edition: SUNRISE
Section: PORTLAND ZONER SOUTH SOUTHWEST NORTH WEST
Page: B03
Readability: 11-12 grade level (Lexile: 1240)
Summary: Charges are dismissed against an off-duty Portland police officer, who will give $10,000 to a Hillsboro family
The family whose Labrador retriever was shot and killed by an off-duty Portland policeman has agreed to take $10,000 to drop the
criminal case against the officer and promise not to sue him.
Washington County Judge Marco A. Hernandez accepted the civil compromise Monday between Officer John J. Hurlman, 34, and the
Scheidler family of Hillsboro: Jeff, 36, and Jane, 32, and their toddler son, Joe.
In doing so, Hernandez dismissed charges of first-degree animal abuse, second-degree animal abuse, second-degree criminal mischief
and recklessly endangering another person, all misdemeanors.
The animal abuse and endangering charges each carried a maximum sentence of one year in jail and a $5,000 fine. Second-degree
criminal mischief is punishable by a maximum sentence of six months in jail and a $2,500 fine.
Susan Hohbach, the deputy district attorney handling the prosecution, told the judge that her office did not object to the civil compromise.
``The civil compromise is out of my control, it's a statutory thing,'' Hohbach said after court. ``It's the victims' option, and my interest is only
as great as their interest.''
The Scheidlers and their attorney, Claudia Cullison of Lake Oswego, were not available for comment. The Scheidlers waived their right to
be at Monday's court appearance.
Jane Scheidler previously said she was doing yard work at her house in the Sungate subdivison the afternoon of Sept. 18, 1997, when
she heard her 3-year-old dog, George, barking. George was lying in the driveway when a jogger came down Southeast 41st Street, and
he ran into the street after the man, ignoring his owner's calls.
Jane Scheidler said she thought George playfully followed the jogger into a cul-de-sac. Then she heard a pop, and George came running
back to the house with blood in his mouth. He died on the way to the veternarian's.
Hurlman told investigators that he shot the dog in self-defense, fearing the 100-pound animal was going to attack him.
Steven L. Myers, Hurlman's attorney, said he proposed the compromise ``to eliminate the exposure'' of his client to criminal charges and
in potential civil litigation.
``I would say they've been well compensated,'' Myers said of the Scheidlers.
Although he maintained the criminal case was definitely defensible, Myers said Hurlman faced job issues as a policeman that made going
to trial riskier than for someone not in law enforcement.
``The fact that the case involved a handgun, involved an animal and involved a police officer, those three items, in and of themselves,
could create a very difficult situation in which to present a case,'' Myers said.
Hurlman took a voluntary two-week leave after the shooting and was reassigned to a desk job in the Portland Police Bureau's human
resources division when he came back. He was returned to his patrol job several months ago, Myers said. He had never fired his gun
before outside of target practice.
Caption: Photo by Robert Bach - of The Oregonian staff
Index terms: Local; POLICE SHOOTING MISC ACCIDENT ANIMAL ATTACK
Dateline: HILLSBORO
Record: 9808040554
Copyright: Copyright (c) 1998 Oregonian Publishing Co.