FREMONT MAN CLAIMS RIGHT TO GROW POT

Police Fatally Shoot Dog While Executing Search Warrant.

Fremont -- A 41-year-old Fremont man whose dog was shot by police
officers when they forcibly entered his house looking for marijuana
plants has a prescription from his doctor to use pot and a certificate
from the Oakland Cannabis Cooperative allowing him to grow and possess
it, according to documents obtained by ANG Newspapers.

Robert Filgo and his wife, Yvette Filgo, 38, were arrested Tuesday
night after seven police officers served a search warrant at their
Niles home and found 79 plants in the back yard and garage.

Yvette Filgo was booked into Fremont Jail and released without charges
Wednesday morning. Her husband was taken to Santa Rita county jail in
Dublin, then to Valley Medical Center in San Jose, where he was cited
and ordered to return to court in October, facing possible charges of
possession of marijuana with intent to sell.

During the raid, their 1-year-old shepherd-Akita mix, Little Bear, was
shot at nine times and killed as he charged officers, police said.

The incident unfolded about 10 p.m. when Filgo heard someone pounding
on his front door. Before he could open the door, officers burst
through, shouting that they had a warrant and were going to search the
home, he said.

Then, at least one officer fired at the dog three times, striking him
once in the rear.

Although police said they were protecting themselves from a barking,
aggressive dog, Filgo -- and his secretary, Tedra Sheen, who was in
the kitchen at the time -- disagreed.

The dog was barking at the officers but did not move, said Sheen,
26.

The first three shots awoke Mrs. Filgo, who came out of the bedroom.
While that was going on, the wounded dog ran into the kitchen,
knocking over a trash can, before heading back toward a screen door
near the officers, Filgo said.

At that point, police fired six more shots.

Police say they have a right to defend themselves.

"While executing the search warrant, they felt the dog was endangering
their safety, and they have the right to defend themselves," Detective
Bill Veteran said.

During the search, officers found 79 plants -- one-third of which were
seedlings -- along with a smoking device, Filgo's medical marijuana
cards and several bags of marijuana.

But they left behind several other bags of marijuana, a scale and all
Filgo's growing materials, including lights, fertilizer and hoses.

Now, the Alameda County District Attorney's Office -- which received
the case Thursday but returned it to police for further investigation
- -- must decide whether to file charges.

While no one will say specifically what that investigation entails,
the district attorney, in order to convict Filgo, must be able to
prove to a jury that he was growing the marijuana with the intent to
sell.

Deputy District Attorney Richard Klemmer would not comment about this
case specifically, but did say he looks at each incident on an
individual basis based on all of the evidence.

"If the case and the evidence establish that the individual is
selling, and we believe we can prove it to a jury, then that
individual -- whether he has authorization or not -- will be
prosecuted," said Alameda County Assistant District Attorney Richard
Klemmer.

Jeff Jones, executive director of the Oakland Cannabis Buyers'
Cooperative, said state law allows people with a doctor's prescription
to possess and use marijuana and grow it for personal use. But that
law does not delineate what constitutes personal use, putting the
district attorney's office in the position of distinguishing between
those who use the drug because they're sick and those who use the
certificate as a shield to grow and sell the marijuana for profit.

For his part, Filgo just wants his marijuana and his computer
returned.

He's self-employed in the high-tech industry, calibrating
quality-control equipment.

"I can't work," he said. "They have my computer with my customer list
and billing information."