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Memorial battle leads to dog's shooting by State Police in Estell Manor
By SAM FRAN SCAVUZZO For the Press, 609-272-7147
Published: Thursday, July 03, 2008

  ESTELL MANOR - A State Police trooper shot a dog four times Wednesday morning after it charged him when he entered the owner's yard to investigate an ongoing battle over a roadside memorial for an Estell Manor teen.

Trooper Ernest Lucarini fired at the dog, named Trooper, after it charged at him, State Police officials said. But dog owners George and Sue Lopez, the parents of the dead teen, said Lucarini went onto their property despite the presence of several "Beware of Dog" and "No Trespassing" signs.

Recently the memorial has become "an attractive nuisance" for neighbors, Mayor Joe Venezia said. Several residents have complained of teenagers drinking and smoking marijuana at the site.

Raymond Lopez, 15, was struck and killed Feb. 13, 2007, as he crossed Cumberland Avenue, less than a mile from his Jersey Avenue home. Friends and family members erected a memorial on and around a telephone pole at the accident site.

The driver, Travis W. Zane, then 18, left the scene but later returned. He was indicted on charges of leaving the scene of a fatal accident and driving without a license, both third-degree crimes, according to the Atlantic County Prosecutor's Office. He pleaded guilty and was sentenced March 20 to 270 days in Atlantic County Jail. He has since been released.

On Tuesday, a Public Works official removed the items, which included the dead teen's shirts and jewelry, on orders from Zoning Officer Wayne Caregnato. The Lopez family found out and approached officials at City Hall. After talking with George Lopez, Venezia said, he instructed the worker to return the items to the memorial.

Early Wednesday, State Police reacted to complaints of nails on Cumberland Avenue near the memorial, Venezia said. Lucarini approached the Lopez property at 7:25 a.m. to inquire about the complaints.

A dirt driveway at the Lopez property leads to a gate with several "No Trespassing" signs. Sue Lopez said there also are signs indicating the presence of dogs, but none was seen Wednesday afternoon.

Carol Lopez, George Lopez's mother, said Wednesday night that a "Beware of the Dog" sign was posted last week but someone apparently removed it.

After trying to get the attention of the Lopezes by calling at the house from the gate, Lucarini came onto the property, police said. Passing through a gate, he made his way to the house about 50 yards past the driveway's end, State Police spokesman Sgt. Stephen Jones said. Trooper, a 90-pound German shepherd, then came out of the woods.

"The dog aggressively charged at him with no signs of stopping," Jones said.

Lucarini drew his weapon and fired at the approaching animal.

Waking at the sound of the shots, George Lopez came outside to the officer's yells. Lucarini told George Lopez he fired at the dog and that he did not know if he hit it.

"Although (Lucarini) told him he was concerned about the welfare of the dog, he was more concerned about his own welfare when the dog charged at him," Jones said.

State Police conducted several interviews, got Lucarini's statement and determined that his use of a firearm was necessary, Jones said.

Sue Lopez disagrees.

"I think shooting Trooper four times was a little overdone," she said.

When troopers were investigating Raymond's death, they parked their cars outside the gate and honked the horn or turned on the sirens to get the family's attention, George Lopez said, adding that Lucarini just jumped the gate and went onto the property and that Trooper reacted as any dog would.

George Lopez said he asked Lucarini for his name and badge number but that the trooper refused to divulge it.

George Lopez took the dog to the Millville Animal Hospital. Veterinary Technician Supervisor Roselynnda Pace treated Trooper for four gunshot wounds - one in the snout, one in the wrist and two in the chest. She said he also lost a significant amount of blood, adding that he was active and well-behaved throughout treatment.

After the dog was stabilized and given intravenous fluids, George and Sue Lopez transported him to University of Pennsylvania Veterinary Hospital in Philadelphia, where Trooper underwent a four-hour operation. He pulled through the surgery but was still in very critical condition, Sue Lopez said late Wednesday night.

Sue Lopez said her dog never attacked or bit anyone previously. The Lopez family also owns a Doberman pinscher.

"On occasion friends would come up to our house when our gate was open and the dogs were loose," she said. "The dogs would stop and bark, but not come out at them."

The Lopez family said they already have contacted a lawyer. Although nothing has been filed, they have been advised to seek damages in small claims court to pay for Trooper's veterinary expenses.

Prior to a City Council meeting Wednesday night, Venezia and Council President John Baker met with George and Sue Lopez and George Lopez's mother. At times, tempers flared.

Venezia reiterated his concern about youngsters hanging out at the memorial.

"I've seen them laying in the middle of the roadway, flat on their back, and other residents have seen it, too," Venezia said. "This is a public-safety hazard, and I don't want another kid getting killed in this town."

But the Lopez family said they are not responsible for activities at the site, and people who see a nuisance should call the State Police.

Sue Lopez said the memorial included some of her son's favorite items and that a Public Works employee took them to a trash bin without informing the family.

"It's not trash to us," she said. "We're still grieving our son. It's an open wound and it hasn't healed and it never will."

Taking down the memorial won't solve the problem, because "the kids still know that's where he died," Carol Lopez said.

Venezia admitted it was a mistake to remove the memorial without the family's permission, "but did we sic the cops on you? Absolutely not."

"I feel you're responsible" for sending the State Police to the house. George Lopez said. "Somebody's going to get sued and have to pay for my dog, because I don't have $12,000 (that the University of Pennsylvania veterinary hospital said it would cost). And that's just for the operation today."

In the end, the Lopez family agreed they would write and laminate a note to post at the memorial, asking people to pay their respects and move along. The city also plans to send a reminder to residents.

Venezia expressed his sympathies to the family and also mentioned the possibility of starting a scholarship in Raymond Lopez's name.

Staff writers Lynda Cohen and Regina Schaffer contributed to this report.
E-mail Sam Fran Scavuzzo:

SScavuzzo@pressofac.com

E-mail Elaine Rose:

ERose@pressofac.com

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