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Justice for Lady, now seized by Erie County Sheriff after being deemed dangerous

Lady
Lady
Facebook

Updated August 6, 1:00 a.m. petition has been started here.

Lady
Facebook

An East Concord, New York dog is recovering after being shot July 25 by an Erie County Police Officer. A Facebook page has been set up here detailing the tragedy.

****WARNING**** Two of the photos on the slideshow are graphic. The main photo used for the article has been edited, as it may upset some readers.

At the time of this article, Lady has been seized by the Erie County Sheriff, where she's been deemed as "dangerous." This is a new development, and very troubling as they most likely plan to kill her. Megan Shimburski, Lady's owner, is set to go to court August 12 to fight for her dogs life.

Their contact information is listed below to get in touch with Sheriff Timothy B. Howard

Erie County Sheriff's Office (ECSO)
10 Delaware Ave
Buffalo, NY 14202
Sheriff's Office: 716-858-7608
Undersheriff's Office: 716-858-7614

This is how the story went down, told by her owner Megan on the Facebook page.

Megan L. Shimburski, 25, and her 5-year-old daughter Makenna were all awake when Erie County Police paid a visit to the home of Megan's parents, John Shimburski and Martha Spaulding.

Megan, Makenna and Megan's 7-month-old son Dublin Skiver were are the home, along with the family dogs. Megan's parents own a border collie named Ace, and Megan has Lady, a 2-year-old brindle pit bull.

Megan says the officers didn't have a warrant for the property, nor did they show a warrant for her son's father, whom police were looking for. According to Megan, her mother had to rush home from her job, at which time the officers told her they only wanted to talk to the man.

Police admitted being told the man didn't live at his home address anymore, but didn't go there before visiting her parents. The officers were dressed in what could be called "business attire," and it was not immediately known or apparent that they were police. They didn't break or take anything

Megan describes what happened saying

"It was just a normal day for us. my 7 month old son was in his playpen in the dining room where I could see him from the back deck where I was sitting. My daughter was playing in the back/side yard with Lady. I went in to use the bathroom (not even 3min.) and i heard my parents dog Ace barking in the living room and jump on the front door and go out when I walked back into the living room/ dining room I could hear Lady barking as well. I looked out the front windows, which gives a clear view of the whole front yard, driveway and most of the side yard and saw 2 vehicles a car and suv and a man standing on the hill on the side yard with a gun in his hand I could NOT see Lady as I was running out the front door I heard the 2 shots fired and Lady yelp and my daughter scream. He then proceeded to continue walking up the hill with his gun raised and I screamed at him not to shoot his gun again."

Then the situation got really crazy. Megan stated

"I did not give them permission to enter the home. I ran back through the house and out the back sliding door to find my daughter cowering in the corner of the deck crying "the man shot lady, he shot my dog". lady at this point was standing/ leaning on the side of the deck. My daughter went back through the door and hid under the kitchen table and the "officers" had already entered the house. They were yelling at me to tell my daughter it was ok and I stated that I was going to call the police."

At this point, Megan says officers identified themselves as Erie County Police.

Ace, the border collie had been running around the yard barking at the officers. He wasn't shot. The pit bull, officers claimed, had "charged" them.

Megan took Ace and Makenna to a back bedroom to get them out of harms way, and called her mother.

Officers then asked for permission to search the property, and Megan explained she didn't own the property, and had no authority to give them permission. At this point, they asked if she could call someone who could give them permission to search. Megan, on the phone with her mother, had already asked for her parents to please come home.

Megan picked up her son and briefly told her dad what had happened. Erie Police again asked to search the house the whole while Megan's father was telling them that" my sons father had never lived here, didn't receive mail here and why would they come to his house looking for him instead of his own home."

It became chaos after this point, with Megan trying to find lady while her parents talked and yelled at the officers for shooting a dog that would never hurt them and shooting without looking around when Megan's daughter hadn't been 15-20 feet behind lady when they shot her.

The officer stated that he had just "grazed" her and that she would be fine. Lady was found hiding under the deck, blood pouring down her face into her eyes and nose. When the family saw what had actually been done to her, Megan and her mother were both in shock.

Megan's father was outside with the officers when Megan brought Lady into the house and yelled she needed a towel immediately. When her father came in and saw Lady, he became even more furious. He went back outside and told the officer's she had to get to a vet and NOW or she was going to bleed to death.

Officers said the family would have to wait for animal control and her father insisted she couldn't wait., He made them move off the front porch so Megan could carry her 67 pound big baby out to her dads truck.

On the way down a man with a camera stopped us and said he had to take pictures. He himself took the towel off her head with no fear and snapped pictures of her wounds. At this point Megan looked at the officer who shot her and asked how could shoot Lady and that she wasn't "grazed."

Megan said his words were "I didn't mean to GRAZE her"

Megan and her family would like to know why officers came on the property with their guns already drawn. Her daughter was devastated and when I came back from the vet without lady and a $1200 vet bill. Her eyes teared up again and she asked if Lady was dead.

Megan had to tell her that the vet was taking the best care of her that he could and that she was having surgery and they would call to let the family know how she was doing.

Lady survived, thanks to the amazing vet and nurses at Nachbar Veterinarian Hospital in Springville. Two shots were fired, It was unclear weather she was shot twice or if only one bullet did all the damage, but the vet said he believes due to the x-rays that the bullet entered in the front of her head. Then because she ducked it bounced off her neck bone and came out through the back of her neck and shoulder blades.

The one on her neck/back is 6 1/2 inches long. They did not give the name of their police department, and Megan said she only learned the officers name through a friend.

Megan says police have also changed their story. At first they said Megan had let the "dogs" out the front door, which in fact she insists hadn't let either dog out, being Lady was in the yard with Makenna and Ace can open the front screen door by jumping up and pushing the simple black rod forward.

Then the officer stated that she was charging down the side yard at him and that she was 3ft away from him when he shot her which again Megan says is not true because she could see him from the window, and if they were going to stick to the story that she was 3feet away, meaning Lady should either be dead or the officer is a really bad shot.

Makenna is now traumatized after seeing her dog shot, and now thinks all policemen are bad.

This article may be amended, should information become available that will help save Lady. To read more cases of dogs shot by police published on Examiner, click here.