By Jeff Weiner, Orlando Sentinel
Doctors pulled a bullet 'sliver of bullet fragment' from the leg of 32-year-old Toby Beute, police say
A woman was injured by a stray bullet fragment on Friday, police said, when officers shot a dog at a Port Orange home.
Port Orange police said they went to the Bayridge Lane home to follow up on a prior investigation into a missing child.
When they knocked on the door, police say 32-year-old Toby Beute answered, holding a pit bull/Labrador-mix named "Boomer" by the collar. Police say the dog was barking "aggressively."
Police say the dog broke free from Beute's grip, charging toward an officer.
"Fearing harm by the advancing dog," Assistant Chief Wayne Miller said in a statement, "[the officer] pulled his service firearm from his holster and fired two rounds at the dog."
Police say the shots hit the dog in the chest area, causing Boomer to collapse immediately. The dog later died.
Shortly after, Beute told officers she "felt some pain in her right leg and noticed bleeding below her knee." She was taken to Port Orange Hospital.
According to Miller, doctors there discovered "a small sliver of bullet fragment" about three inches below Beute's right knee. Miller said the woman did not require stitches and would not need surgery.
Police said Friday they have a long history with the home, and the dog.
In December 2008, police say the dog broke out of its collar to attack another dog. In November 2009, officers used a fire extinguisher to subdue Boomer and another dog when they responded to the home to investigate a shots-fired call.
Investigators called to the home in late February were told that a child attacked by the dog had suffered facial injuries that required surgery.
Just last week, police say, the dog attacked and killed a cat at a nearby home. Police said they were called to the home after the dog was seen running around the property with the cat in its mouth.
Update September 25, 2010 2:05pm - The following article is from Central Florida News 13:
Port Orange officer kills dog, injures owner
A Port Orange police officer opened fire and killed a dog and accidentally injured a woman in the process.
Investigators said Officer Theodore Kurtz was following up on an investigation when he knocked on the door of a home on Bayridge Lane.
That's when he opened fire. The dog was shot and killed and a bullet fragment hit Beute in the leg.
The victim's mother said the whole thing was unnecessary.
I yelled to the officer the dog wouldn't hurt him and the shots were fired and everyone started screaming. It just went nuts and then my daughter ran back in and she had blood coming down her leg, screaming she had been shot," said the mother of the shooting victim.
Police said the homeowner has been cited several times for the dog's actions, including an attack on another child and another dog.
Update September 26, 2010 4:11pm - The following article is from WESH:
Family Seeks Lawyer's Help In Dog Shooting
Family Threatens To Sue Police Department Over Shooting Incident
A local family has threatened to sue the Port Orange Police Department after one of its officer shot their family dog and a bullet fragment hit the dog's owner.
Toby Beute is recovering from a gash on her right leg after a bullet ricocheted off her front porch on Friday.
Officer Theodore Kurtz said he had to open fire because Beute's pet dog, a Labrador/pit bull mix, charged at him when he was called to Beute's home.
Beute's lawyer, however, said the officer used excessive force and claimed that the police were not telling the whole truth.
Police, on the other hand, said they have been to Beute's home several times in the past because of reports that the family pet has caused facial injuries to a child that required surgery, attacked another cat and killed a neighbor's cat.
Beute's lawyer denied the police allegations.