No criminal charges filed by the Fresno County District Attorney in the death of a Coalinga K-9

COALINGA, Calif. (KFSN) -- Nitro was more than a K-9 Officer, he was family to the Coalinga Police Department.

Friday's decision resulted in recommendations in policy reform from the Fresno County District Attorney's Office for Coalinga Police when it comes to K-9 officers and their handlers.

"A dog is not a person. There is no one to advocate for them, so it's really on us to uncover the truth," said Lisa Smittcamp,

On Friday afternoon, the District Attorney's Office ultimately concluded there was no evidence to file criminal charges in the death of Coalinga Police K-9 Officer.

"Based on the facts, we felt we could not prove that case beyond a reasonable doubt," said District Attorney Smittcamp.

For more than a year, the Fresno County Sheriff's Office handled the complexities of the case eventually submitting a request for charges against the handler's wife.

"Simply because they submitted it on the wife didn't mean she was the only one we looked at. We looked at the whole family and we looked at the officer also," said District Attorney Smittcamp.

To file charges, the state requires proof that a person acted with malice or criminal negligence.

District Attorney Smittcamp called the case a "very unfortunate circumstance" and highlighted Nitro's death was not done intentionally but believes it was a negligent act.

"The issue becomes then does the amount of negligence on any of the parties involved rise to criminal negligence and that's where we falter here," said District Attorney Smittcamp.

Last year, Nitro was left outside his handler's home in110 degree heat. When his handler returned, he found the dog lethargic inside his kennel and tried to render aid. He died on the way to the vet.

The City of Coalinga respectfully disagreeing with the DA's decision.

In a statement to Action News the City expressed "profound disappointment" with the District Attorney's choice.

In January, Action News was there when members of the Coalinga Police Department gathered to celebrate Nitro's life and service to the community, including Nitro's original trainer.

"When I see him again, um I'll be the first to tell him he deserved better," said Coalinga Police Sgt. Damian Sparks.

Nitro joined the police force in March 2022. The German Shepherd-Belgian Malinois mix part of the narcotics team with a history of assisting in several arrests. The three-year-old canine was one of two police dogs at the Coalinga Police Department.

In 2018, Action News reported purchasing these specialized dogs and training them costs departments anywhere from $10,000 to $20,000.

Action News did reach out to the Coalinga Police Chief for comment but did not hear back in time for this report.

In the meantime, the District Attorney's Office sent Coalinga Police a letter outlining policy reforms including establishing a heat policy to protect canines during extreme Valley heat and clarifying the role of family members in emergency care situations.

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