On June 17, a Concord, California Police officer drew his .40 caliber pistol and shot 13 year-old Kirby in the back. Police had entered the owner’s backyard unannounced where they surprised Kirby. Kirby’s owner Zach Grimm said they heard the jingle of someone opening their back gate. Next, they heard a bark and a subsequent gunshot. Grimm said Kirby barked “like any dog protecting its home.” According to police, the officer felt threatened by the 29 pound cocker spaniel and used lethal force even though he had pepper spray. Police claim they were looking for a burglar when they entered the backyard around 4:30pm.
One of Grimm’s roommates who saw the shooting said the officer drew his gun just to shoot Kirby. Grim said “The officer who shot at him, after it was over he just sort of had this goofy look on his face, almost like a smirk, and then he left. No explanation, no apology or anything.” Part of the .40 caliber bullet passed through Kirby’s body while the rest is logded in his spine. Grim said, “we think he’s going to make it.” “I can’t believe he’s alive, to be honest with you.”