Search Articles
DENVER (CN) — An unhoused Colorado man sued two officers and the city of Wheat Ridge in federal court Wednesday over the shooting and killing of his best friend, a brown and white rescue dog named Boss.
“Defendant [Sergeant Jeremy] Schmitz and defendant [officer Leigh] Kern unlawfully decided to end Boss’ life via gunshot, without an opinion of a licensed veterinarian, and without the presence of two other witnesses to assess Boss’ condition to determine whether he was severely injured past recovery,” David Richardson wrote in the 20-page complaint.
Richardson found the brown and white mutt tied to a bike rack outside a gas station in Mesa, Arizona. Richardson delayed his plans to move, choosing instead to stay near the dog with the brown spot over his right eye for three days in pouring rain until he gained the animal’s trust.
After rescuing the dog and naming him Boss, Richardson got him microchipped and vaccinated.
Over three years, Richardson said in the complaint, “Boss served as [his] sole constant companion, source of security and protection while unhoused.”
On Aug. 31, 2025, Richardson celebrated his birthday with Boss, camping in a secluded area of Wheat Ridge near I-70. In the morning, Richardson tied Boss up with a 20-foot-long bright green cable and rode into town to buy dog food, not knowing Wheat Ridge police were in the area to execute a warrant for someone else.
When Wheat Ridge police officer Leigh Kern met Boss outside the tent, he fired three shots at the dog.
According to Richardson in the complaint, the dog “was not barking or growling aggressively” and had “jogged” to the end of his line.
As Boss “screamed in pain,” Kern asked Schmitz for permission to “finish him.”
Schmitz gave Kern approval as long as “there was a sufficient ballistic safety backdrop for shooting the dog,” according to Richardson.
The 2013 Colorado Dog Protection Act requires law enforcement officers to train in nonlethal methods of deterring dog attacks and to avoid shooting dogs unless necessary. Even if Boss had behaved aggressively, Richardson argues, the officers could have tried deploying a nonlethal deterrent like a Taser, a baton or pepper spray.
When Richardson arrived on the scene, he says police officers searched him without justification, then prevented him from checking on Boss.
Claiming violations of his right against unlawful seizure and to due process, Richardson asks the court to order the police department to issue an apology and to design future training to avoid similar incidents.
Richardson is represented by attorney Alexa McKay of Environmental and Animal Defense in Denver.
A spokesperson for the Wheat Ridge Police Department declined to comment, citing the pending litigation.
Follow @bright_lampSubscribe to our free newsletters
Our weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.
