Picture of mountain lion in Ruidoso taken on 5-14-11. The house where it was taken is just around the corner from an elementary school. The mound of dirt in the picture is a deer that the lion covered up in the front yard.
Shortly after my last blog post about the shooting of a mountain lion on May 10th in downtown El Paso, I went on vacation principally to attend my son's graduation from law school in Connecticut. (I'm a very proud father.) During that time, I didn't attend to email (much) nor blog or send out any e-letters. I wanted time away and time away I took.
Prior to leaving I made two open records requests: one to the El Paso Police Department and one to the Texas Alcoholic Beverage Commission. An agent of the TABC also fatally wounded the mountain lion at H&H Car Wash. Both requests asked for the same information: copies of the incident reports made by the officer or agent, documentation of the protocols for dealing with wild animals (especially large predators) and documentation of the training programs officers and agents receive about dealing with large predators. I expected that there would be nothing on either a protocol or training and I was right. The videos of the incident, eyewitness reports and the incident reports themselves revealed that what occurred could have been titled "The Keystone Cops Meet King Kong".
When I did return from my time away I became worried that the whole matter would be swept under the carpet. Separate emails from officials of the Texas Parks and Wildlife Department justified the shootings and there was nothing about addressing what should be done in the future. One of those emails was frankly very upsetting. I felt that this officer was clearly protecting the officer and agent involved in the killing of the cat.
However, I have good news to report. On the initiative of El Paso Animal Services (and almost simultaneously Urban Wildlife Biologist, Lois Balin), a meeting of concerned parties was put together and held yesterday. Attending the meeting was Ms. Balin, veterinarians from Animal Services and the El Paso Zoo, Dr. Ken Waldrup and one of his associates, the Game Warden who was also involved on the 10th, a 911 dispatcher and Chief of Police, Greg Allen. Several of the attendees described Allen to me as an "animal lover" who was "upset" by the incident.
Although no follow-up meeting has yet to be scheduled and no formal protocol has been established yet for future engagements with wild animals, there was a meeting of the mind on several key issues:
First, crowd control was missing. Again the videos and eyewitness reports describe a circus environment of people chasing the cat, gawking, throwing rocks and bottles at it when trapped at the car wash. The media was not kept at bay. Bottom line: the very condition that caused officers to shoot was caused by their lack of controlling the crowd so that the animal could be still and the tranquilizer could work. The animal had been chased from the State Building garage by a crowd of people who then chased it through St. Clement's School.
In the incident report of TABC Wes Rappe, Rappe notes that he asked Captain Newman, the game warden, whether "cougars" were "predisposed to run from humans" and Newman said "yes". Nevertheless, throughout his report, Rappe reveals his palpable fear that the cat would attack and maul someone. Let's see, it avoided people from the train tracks to the State Building parking garage. It leaped from the second floor of that garage to get away from people, it ran past children at St. Clement's, it knocked over a transient and kept on running until it was trapped at H&H. When exactly was it supposed to attack and maul someone? Rappe's report is the longest of the incident reports by several pages and it seems to be a long-winded justification for the killing of the cat who appeared to pose no danger but who was scared by a mob uncontrolled by law enforcement officers from the very beginning.
It is good news to hear that those meeting yesterday (including Chief Allen) agree that crowd control was a major issue and probably created the very situation that made the animal seemingly dangerous to officers attempting to protect the public and who had no training dealing with a mountain lion.
Next, communication was lacking between the different officers, agents, veterinarians and animal control personnel. The right hand did not know what the left hand was doing. There was nobody in charge - nobody calling the shots. (Pun not intended.) Members of yesterday's meeting agreed that the public should be held back at least 100 yards. They also agreed that the dispatcher will play a key role assembling the team to respond to future similar events. Essential to chemical immobilization will be Dr. Waldrup (who has been described as the expert in the country on immobilizing wildlife and who has vast experience including time in Africa and New Zealand). Along with Dr. Waldrup are Animal Control vets and the Zoo vet.
Finally, police and other enforcement officials (with guns) must receive training about wildlife. The incident reports, eyewitnesses and even members from the meeting describe the perception of the animal as something like a King Kong or a Godzilla. To be sure mountain lions are dangerous and to be sure they must be put down if there is a real and present danger - and not just one caused by the glee and hysteria of people uncontrolled by officials. For all of this to end well, a training component must be inserted into the development of police officers. Although the City of El Paso Police Procedures Manual does have a short section on "Animal Incidents" (3-408), the incidents described are more like encounters with rabid dogs than mountain lions.
El Paso is fortunate in that it has an Urban Biologist and one with great expertise and credibility: Lois Balin. One of her great talents is putting together educational presentations. She has a meeting with City Manager Joyce Wilson this coming Monday. Hopefully, training for wildlife encounters will be a part of their discussion.
How will we know that real good has come out of the event of the 10th. First, there will be a written protocol, a matrix, for responding and for chain of command. Second, there will be a written training module for officers regarding encounters with large wildlife.
Squirrel enjoying a pumpkin at home against the Franklin Mountains
Although it finally "rained" after a record 119 days without rain, the mountains throughout our region are still bone dry and animals of all kinds are finding their way into our neighborhoods searching for food and water. (By the way, Ms. Balin told me that we should not feed even the smaller animals. By doing so, we enlarge the habitat of the animals which feed on them - mountain lions, bobcats, coyotes. It is one thing to have a rock squirrel burrowing in one's backyard (as I do), it is another thing to have a bobcat hunting that squirrel in the backyard and taking an interest in the neighbor's Chihuahua. (Well, let me think about this a bit.)
Coyote at home in Picacho Hills, Las Cruces, New Mexico
Finally, a footnote. The lion's origin is not known. However, because of its size and healthy condition including lack of scars or signs of "tread" on its paws or claws, it may have been a "pet". It is said that drug lords (any of those around these parts?) keep wild animals. I did not ask for a copy of the necropsy although it might be interesting to learn what the animal's final meal was. Whatever the origin, had there been proper training, appropriate and timely crowd control, the event may have turned out much differently. Let us hope that the City of El Paso will adopt a written protocol for such events and that officers and other agents receive proper training from now on.
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