BULLETS FLY IN COP DRUG RAID

Tot Nearly Killed, Court Told

Toronto cops shot a family dog and a second bullet "almost killed a lady"
when it went through the floor during a drug raid last week, a bail hearing
was told yesterday.

Calling the case an "eye-opener," lawyer Ed Schofield also said a young
child could have been killed.

"But for the grace of God," no one was slain, Schofield said, explaining it
all happened when a large number of police raided the Queen St. E. apartment
of his client, Cecil Smith, last Thursday night.

He told court that Smith, his spouse Julie Theriault, three-year-old
daughter and two dogs were at home when police "smashed" their way in to
execute a drug search warrant. They netted 0.23 grams of marijuana, not even
enough for one joint. "You've got more hair in your nostril" Schofield sniffed.

The couple faces three drug-related charges including possession for
trafficking. Smith has a record including one drug offence. Theriault has no
record.

Schofield said Smith was asked about the animals, then an officer "took out
his gun and shot the dog. A second shot went through the floor below" almost
hitting Yvonne Huang in her Tasty Chicken eatery.

"I heard two shots. One went through the ceiling ... I was standing two feet
away," Huang recalled. "I was very scared." she said.

Huang thinks the bullet brushed her arm and believes she was nearly killed.

But Miller, a pitbull/boxer mix, wasn't so lucky, receiving a bullet through
his jaws. He had surgery and is now home.

The other dog, Chompers, wasn't hurt but "he was crying. They broke his
heart," Theriault said.

Theriault added that seconds after Miller was shot, their daughter stepped
from the room behind him. She said the unnamed officer had asked Smith to
call the dogs back, which he did, and as the animals turned shots went off.
She said Miller is gentle and obedient.

But 55 Division Det. Gary Campbell said his information is that Smith was
asked to control the dog, he didn't and it "came at" the officer who fired.

Schofield was also outraged that Smith, who is on a methadone program, was
not allowed his medication by police or jail guards, leaving him vomiting
for days.

He was released visibly ill and angry yesterday, and will return to court
Friday.

Smith suggested police should use repellent for "a dog that is just barking,
isn't attacking. He had no right to pull out a gun and open up fire." He's
considering taking civil action.

Cecil Smith and Julie Theriault talk to reporters after Smith was released
on bail yesterday. At right, Theriault and Miller, the dog that was shot
through the cheek by police. Yvonne Huang, left, describes how an errant
police bullet nearly struck her.