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The Honolulu Advertiser
Posted on: Friday, January 23, 2009

Hawaii man charged with setting pit bull loose to attack officer

By Jim Dooley
Advertiser Staff Writer

A man who allegedly unleashed his 60- to 70-pound pit bull on a police detective during an argument in the Kapahulu Safeway parking lot was indicted yesterday on five criminal charges, including assault on a law enforcement officer.

HPD Detective Gary Lahens shot the dog during the Jan. 14 incident, and the dog died Wednesday, according to the Hawaiian Humane Society, which had been caring for the animal.

The episode began when Lahens saw Joseph Flaherty punch and break the windshield of his girlfriend's car during an argument with her near the Seattle's Best Coffee shop, said deputy prosecuting attorney Keith Seto and police.

Lahens interceded and told Flaherty to move the car, which was blocking other vehicles, Seto said. Flaherty became "very belligerent toward the police officer," he said.

After Lahens identified himself as a police officer and showed Flaherty his badge, Flaherty allegedly began swearing and cursing at Lahens, picked up a shopping cart and appeared to be getting ready to throw it at Lahens, according to Seto and police records.

Lahens then drew his gun and told Flaherty to put down the shopping cart, and Flaherty complied.

The dog was "about 10 feet away and looking at the detective," Seto told Circuit Judge Derrick Chan.

According to a police affidavit, Lahens told Flaherty to hold on to the leash and not release the dog.

But Flaherty "threw the leash hand forward, releasing the leash" and the dog attacked Lahens, according to Seto.

Lahens was bitten in the lower torso, suffering two puncture wounds and a number of scratches, according to court records and Seto.

Lahens pushed the animal away and fired one round into its chest, according to the police affidavit.

The dog "retreated toward a building and Flaherty followed the dog, yelling that Lahens 'shot my dog,' " the affidavit said.

Lahens testified before an O'ahu grand jury yesterday. The grand jury indicted Flaherty on one count of assaulting a police officer, one count of second degree assault, two counts of first-degree terroristic threatening and a misdemeanor charge of criminal property damage.

He is being held on $75,000 bail. According to police, Flaherty was carrying a New York driver's license when he was arrested.

Hawaiian Humane Society spokeswoman Kawehi Yim said the dog, a mixed-breed pit bull, was treated after it was shot but died "due to the severity of the injuries."

A veterinarian removed the bullet and alleviated the animal's pain, she said.

Seto described Flaherty as an unemployed transient.

Also yesterday, District Judge Barbara Richardson granted a woman identified by police as Flaherty's girlfriend a three-year restraining order against him, court records show.

Flaherty physically and verbally abused the woman over a period of months, the woman said in a sworn declaration. Flaherty threatened to kill her and repeatedly pawned her personal possessions after she refused his demands for money, she alleged.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.