Des Moines Municipal Judge Veronica Alicea-Galvan recused herself Monday morning, Feb. 28 from hearing the civil complaint brought against two Des Moines police officers.
Deirdre and Chuck Wright have filed a civil criminal complaint against two Des Moines police officers that shot and killed their dog Rosie, when she got loose last November.
The complaint charges Graddon and Weiland with allegedly committing acts of animal cruelty in the second degree and trapping and wounding an animal. Both of these charges are misdemeanors.
After attempts to capture Rosie, or identify her owners failed, Weiland gave Graddon the OK to use deadly force, based on Rosie’s previous aggressive actions. According to the police report and witnesses, Rosie did not make any aggressive moves toward the officers when she was shot. Graddon shot her four times.
The preliminary hearing scheduled Monday morning would have been for the judge to decide if there was enough evidence to try the officers for these charges.
The King County prosecutor reviewed the case and found no criminal culpability on the part of the officers. An internal investigation as well as a shooting review has found no fault in the officers’ actions and Interim Police Chief John O’Leary said there would be no disciplinary action taken against them.
Judge Alicea-Galvan said whether or not she felt she could fairly preside over the trial, she couldn’t allow even the appearance of impartiality. She said the officers regularly appear before her in court. She also said one of the witnesses in the criminal complaint is the son of a woman who works in the Des Moines court.
“The integrity of the process must be preserved,” she said. “We want for all of the parties to be heard in a fair and judicious manner.”
Until a judge rules there is sufficient evidence in the complaint to bring the charges, it is not a criminal complaint yet.
Alicea-Galvan said she was talking with the King County District Court to have the case transferred there. A time for the trial should be decided sometime this afternoon.
The Wright’s attorney Adam Karp was at the court this morning, along with Des Moines special prosecutor Matt Kaser. Kaser was there to present evidence on behalf of the city. Graddon and Weiland were not present for the hearing.