This was a reasonable and justifiable police response. Max's owner is fully responsible for creating the incident and involving Max in it before failing to secure Max. Another irresponsible dog owner caused the unnecessary and tragic suffering death of his dog. The owner should be charged in Max's death.
The video http://www.youtube.com/watch?v=WDBZr4ie2AE is disturbing to watch. When viewed, the suspect, Rosby, can be seen taunting, distracting and generally obstructing the police during their emergency operation involving a standoff with an armed robbery suspect. This is minimally a violation of section 148 of the California Penal Code (http://dmv.ca.gov/pubs/vctop/appndxa/penalco/penco148.htm) and could amount to a felony violation of 69 PC (http://law.onecle.com/california/penal/69.html) because Rosby's action was arguably done by the threat of force or fear.
Legal precedent for the argument Rosby should be charged with 597 PC for the willful cruelty to and death of Max (http://law.onecle.com/california/penal/597.html) exists as follows:
Felony Murder Rule: http://legal-dictionary.thefreedictionary.com/Felony-Murder+Rule.
Transferred intent: http://en.wikipedia.org/wiki/Transferred_intent
Large dog is a deadly weapon: http://doglaw.hugpug.com/doglaw_091.html
This petition closed almost 3 years ago
Suspect Rosby should be prosecuted for animal cruelty for the suffering and death of his dog Max