Fresno County District Attorney's Office Announces Filing Decision

Published on October 03, 2025

Fresno County District Attorney’s Office announced today that after a careful and thorough review of the investigation into the death of Coalinga Police Department K9 “Nitro,” no criminal charges will be filed, based on insufficient evidence.

The case was submitted to our office by the Fresno County Sheriff’s Office following their investigation. A misdemeanor charge under California Penal Code section 597.1(a) (failure to care for an animal) was referred against the handler’s wife, who was supervising Nitro at the time of his death. After review, our office determined that the legal standard required for filing charges under this code section cannot be met.

On the weekend of July 7, 2024, Nitro’s officer handler was out of the country and Nitro was being cared for by the officer handler’s family. During this time, temperatures in Coalinga reached 110 degrees. The family provided Nitro water multiple times during the day and sprayed him down with water in an effort to keep him cool. When the officer handler returned home late on July 7, he found Nitro lethargic and immediately attempted to transport him to a pet hospital. Tragically, Nitro passed away before arriving. A necropsy later confirmed that Nitro’s death was consistent with heatstroke.

In order to file charges, California law requires proof that a person acted maliciously or with criminal negligence, a reckless disregard for animal life that goes far beyond ordinary carelessness. The evidence here shows that Nitro’s family took steps a reasonable person might take under similar circumstances, and therefore the standard for criminal charges cannot be met. Because Nitro’s officer handler was not present at the time of death and had arranged for care, the law also does not support criminal charges against him.

“Make no mistake, Nitro’s death was both tragic and preventable,” said District Attorney Lisa Smittcamp. “But the law does not support criminal charges based on these facts against either the handler or his family. This case has revealed that the Coalinga Police Department’s K9 policies need revisions and improvements to ensure that a tragedy like this never happens again.”

In a formal letter to the Coalinga Police Department, the District Attorney’s Office outlined several key recommendations for policy reform, including:

• Establishing a heat policy to protect canines during Central Valley’s extreme summer temperatures.
• Enforcing temporary relocation protocols when handlers are unavailable or unable to properly care for their canines.
• Setting minimum standards for canine equipment, such as adequate water sources, cooling devices, and kennel inspections.
• Clarifying the role of family members in emergency care situations when handlers are unavailable.

The DA’s Office emphasized that these inefficiencies in Coalinga PD’s K9 policy, rather than intentional wrongdoing, placed Nitro in unsafe conditions that contributed to his death.

“Our office is committed to seeking justice under the law,” Smittcamp continued. “While that does not always result in criminal charges, it does mean holding agencies accountable and calling for them to insist on higher standards of care. Nitro’s passing must serve as the catalyst for meaningful reform. I have had a candid conversation with the Chief Garza, and I am confident that this department will be improving their K9 programs, training, and protocols.”

For members of the public, the Fresno County District Attorney’s Office also encourages following guidelines from organizations such as the SPCA to keep family pets safe in hot weather, including always providing shade, fresh water, and monitoring for signs of heat distress.

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