Sheriff: Deputies Didn't Know Dog Was Left In Car After Arrest
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It is not clear who, if anyone, will be held responsible for the dog that died from the heat after being trapped in a car outside the IHOP restaurant in Sterling for more than 12 hours late last month.
What is known is that deputies were called to scene just after 5 a.m. Tuesday, May 31, by IHOP employees, and Stuart "Stu" Grimes, 24, was arrested after falling asleep in the Sterling restaurant after attending a party in the area. He was charged with being drunk in public, and later obstruction of justice, and held in the county jail until the evening hours.
His four-year-old Labrador/Boxer mix Rex was still in his SUV outside the restaurant.
When Grimes, who is from Herndon, was released from jail, according to various reports from friends and concerned citizens, he rushed Rex to an emergency veterinarian, but it was too late. Weather reports put the temperature in Sterling that day at 94 degrees.
Grimes said he repeatedly asked the deputies who arrested him, and then those at the Adult Detention Center to rescue Rex-even to the point of begging-but he was ignored. The Loudoun County Sheriff's Office says they had no idea there was a dog in Grimes' car.
Speaking about the incident to county supervisors Tuesday, Sheriff Stephen O. Simpson said everyone in the department is wishing there had been a different outcome.
"We wish we had known there was a dog in the car," he said. "Had we known there was a dog in the vehicle it would have been addressed I assure you."
Simpson noted that his agency fields many calls during the hot summer months about dogs left in cars with the windows up, or only slightly cracked, and his deputies come upon them in their patrols as well. In those cases, deputies are authorized to break the window of a car to free the animal inside.
But in Grimes' case, Simpson said, deputies could not even get him to tell them who he was or how he got to the IHOP, and there was no mention of the dog. Simpson said Grimes was drunk when arrested, combative and deputies had to use physical restraint to get him to the Adult Detention Center. When asked, Simpson said Grimes responded that he had arrived at the IHOP in a "spaceship" and later by "magic dust."
It was his actions at the time of his arrest that led to the charge of resisting arrest. Around 4 p.m., Grimes posted bond and made a phone call to have a friend pick him up, Simpson told supervisors.
He told supervisors that the sheriff's office internal affairs investigators talked with employees at IHOP, deputies and guards at the jail and no one said they heard Grimes mention a dog in his car.
"They're all horrified by this and wish they could have done something," he said. "There was nothing that was ever said to anyone about that. Nothing was ever said that would have led us to believe there was an animal in distress anywhere."
Supervisor Stevens Miller (D-Dulles) asked Simpson about claims made by Grimes that the deputy used the electronic key found in his pocket to locate his car in the IHOP parking lot.
Simpson acknowledged that the deputy used the key, but only to see if his car was in the parking lot, since Grimes had claimed he arrived by spaceship. Simpson said the car was located about 70 feet away from the deputy at the time. Grimes has said it was right in front of them.
Miller then asked what many have been inquiring of the sheriff's office in e-mails and phone calls: if the deputy saw the car, why did he not go look in it?
Simpson said the vehicle was not part of the incident for which Grimes was being arrested, and equated it to someone arrested for fighting at a bar or shoplifting at the mall. In those cases, deputies do not search for vehicles belonging to the arrestee. He pointed out that because the car was not involved in the incident it is illegal for deputies to search it. It also is not agency policy to have cars of arrestee towed from a parking lot or private area. Cars are towed only if they are in the public right of way.
The sheriff's office is continuing its investigation, but when pressed by Miller about what else there is to investigate, Simpson acknowledged there was little, short of another witness stepping forward.
In addition to the sheriff's office investigation, the Department of Animal Services is conducting its own investigation into the incident. That investigation began after the agency received a complaint about Rex's death. If a complaint is lodged, the agency by state law must investigate.
A Photo of Rex, who was left unattended in a parked car for more than 12 hours following his owner's arrest. The dog later died.
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