DOG-KILL SUIT

She wants NYPD to pay for shooting pooch

THE OWNER of a pit bull that was fatally shot in the head by a Bronx cop 10 months ago is suing the city and the NYPD.

Yvonne Rosado described in heartbreaking detail the last moments of Spike’s life, recalling in court papers a “pop” and then blood spilling from the dog’s body.

“I thought that the officer was pointing his finger at my dog as he was going down the stairs,” Rosado said in a preliminary deposition. “Then I heard a pop.”

Rosado said her 4-year-old dog (photo inset) started twitching before it died before her eyes.

Police Officer Ruben Cuesta and his partner were investigating a domestic violence call inside an apartment in Rosado’s building on E. 183rd St. near Creston Ave. in Fordham Heights on Feb. 13.

Surveillance video obtained by the Daily News shows the dog scurried from Rosado’s apartment around 5:30 a.m. after its owner opened her door to see what was happening in the hallway. The video shows Cuesta backing down the stairs away from Spike — then shooting the 70-pound pooch from about 3 feet away. It happened within just a few seconds.

Neighbor Sue Santiago told The News at the time that the cop was never in danger.

“Spike died wagging his tail,” Santiago said.

The Civilian Complaint Review Board substantiated charges against Cuesta, saying the cop abused his authority when he shot Spike. The board recommended the 10-year veteran be retrained. Cuesta remains on active duty.

In the lawsuit filed Thursday afternoon, attorney David Thompson of Stecklow & Thompson said Rosado “continues to suffer emotional distress from the experience.”

“She experiences insomnia, and flashbacks of the event every time she enters and leaves her apartment,” Thompson wrote in the federal lawsuit. “She experiences extreme distress when in the vicinity of the police.”

Rosado is seeking unspecified damages in the suit, as well reimbursement for the cost of cremating Spike.

The NYPD declined to comment on the claims, citing the pending litigation.