My Dog attacked by Pitbull while wearing my CCW

[Doug.38PR]

My puppy got grabbed and slung around by the neck like a ragged doll trying to play with a Pitbull some guys were walking through the neighborhood. I ran over there trying to kick the stuffing out of that Pit to get it to let go. One of the guys (who was not handling the dog and wasn't even the owner as it turned out) started screaming at me about a leash law. I insisted he/they get the dog free. He kept cursing and screaming that my dog should be on a leash. I was trying not to let him get me sidetracked engagning him but was more concerned with saving my dog's life. I got down and started trying to pry open the dog's mouth, punching, kicking. My 65 year old father even ran across the street to help me on the ground. These two guys clearly didn't know what to do and the one that was the non-owner/non-handler did little more than rant and rave. The non-dog handler kept screaming at me, cursing at me and I kept ignoring him and focusing on my dog. I had both dogs pinned down but we couldn't get them free. Dad finally urged me to "go get my gun and shoot it." The hysterical non-handler made "yeah right" remark. Finally, we got the Pit free from my dog with my dad's thumb literally hanging off with blood everywhere. The non-owner/non-handler started screaming at me about a leash law. I told him my dog was jus playing. "THEY DON"T KNOW THAT!" (Funny how other dogs my dog comes into contact with know play from fight. I wonder if he would have said that had a 4 year old child had ran up to play and got slug around by the neck, or if my or another leashed dog has passed by and tried to play with teh Pitbull) The more I engaged him verbally the louder he became. Trying to "stay the adult" I finally kept urging him to chill out or cool off.
All that time, I had my revolver in a shoulder holster and could have easily taken the "get your gun and shoot him" option. I didn't want to take it to that level with 1) an already hysterical possible owner on the scene screaming "brandishing a gun" would not go good on a police report and 2) that dog belonged to somebody, and I didn't want to kill somebody elses' pet anymore than I wanted my own dog to be killed. I was trying to cut that guy a lot of slack as I figured at the time he was the Pit owner and was scared because he didn't know what to do and was angry that his dog was being kicked. I also figured getting into a physical fight with him bearing a gun would not be wise. The situation ended with the non-handler walking away screaming about it being "his neighborhood" and how I and my downed injured puppy "are the bad guy" while my dad is bleeding all over the sidewalk with neighbors standing around him urging him to go inside. Paramedics come and rush dad to the emergency room while my mother and I put my dog in the kennel and talk to the peace officer who arrived as the paramedics did.
At the time I thought if I had pulled that gun and shot that dog, I would have gone to jail at least for that night and I'd be facing a big fine for discharging a firearm. However, potentially...my life was in danger as the handler couldn't control his dog (what if it had turned on me or my dad) and my dog was being killed by an uncontrollable and obviously unpredictable animal. Had my dad been bitten before getting my dog free...I probably would have taken the gun option. Technically, according to the peace officer who responded I was in indeed in violation of the leash law and the other guy handling the dog was failing to control his animal. (leash law aside, that could easily have happened with my dog leashed...or anybody else's dog...or as, said, child playing in the front yard)

I talked to two peace officers that night at two seperate moments. One flat out told me he would have shot the dog. The other said I would indeed bear the responsibility of where that bullet went and any civil problems that may arise from shooting that dog whether I was in the right or wrong, there are all kinds of legal questions he asked like if it was on my property?

What do y'all think about such a situation? A Pit bull attacking your animal and the owner/handler clearly can't do anything. They get hysterical. You are trying to stay focused and save your dog's life. Would you have shot the dog? Hindsight is always the best huh?

Personally, as much as I love my dog, if he had gotten ahold of one of our cats...or if he had gotten ahold of a neighbor's cat and was trying to kill it...I'd have done the same thing to him as I was doing to that Pitbull, kicking, punching and fighting. I'd have been on that ground fighting before the cat owner got two steps forward to come help.

[Doug.38PR]

Technically yes I was in violation of the leash law (didn't even know we had one until then, not that that's an excuse). BUT, according to the peace officer, the handler of the Pit was also at fault for failure to control the animal. Personally, maybe not legally, I think the actual owners are at fault for letting two guys who had no idea what they were doing handle a dangerous fighting dog such as a Pitbull and taking it around the neighborhood.

BUT, as I said, leash law is irrelevant to the situation (though I was in violation of it) as said situation could have happened just as easily if my dog had been leashed (or any dog) or if a child had run up to pet or play with the Pitt.

[flb_78]

Sorry, I side with the Pit bull owner on this. If your dog had been on a leash, this never would have happened.

I don't know of any municipality that does not have a leash law inside the city limits, except for a dog park.

[arod757]

I have to say, while I'm very sorry your puppy got hurt, you should have had your dog restrained for its own protection. It sounds like the two guys were legally walking their own dog. Whether he's aggressive or not is not the issue, in my opinion. They have the right to walk their dog on a leash, and if another unleashed dog comes up to them, whether the other dog's intentions are to play or not, and the leashed dog attacks, well, the unleashed dog shouldn't have been wandering around loose.

I don't think your child analogy applies, as they had their pet on a leash, and I think would have enough control to tell the child or the parent supervising the child to stay away. That's very different than another dog, puppy, cat or whatever coming up on the leashed dog, the leashed dog feeling threatened (an unconfident dog will feel threatened) and thinking it needs to attack to protect itself.

I think you were right not to shoot. This sounds like it could have been avoided by you keeping your own pet restrained.

[Doug.38PR]

^
Never would have happened? How do you figure that? As said, this easily could have happened with a leash on both dogs. One of the most common things people do when passing people with other dogs on walks is let fellow dogs sniff and "say hello." In fact...I came across these same guys and this same pit a week or two earlier with my dog on a leash. At the time, the dog was friendly nothing happened...but it easily could have chomped down and gotten ahold my dogs neck (or anybody elses dog who happened to be walking by). If my arms and hands can't pull the dog free...neither is a leash attached to his neck

[flb_78]

^
Never would have happened? How do you figure that? As said, this easily could have happened with a leash on both dogs. One of the most common things people do when passing people with other dogs on walks is let fellow dogs sniff and "say hello." In fact...I came across these same guys and this same pit a week or two earlier with my dog on a leash. At the time, the dog was friendly nothing happened...but it easily could have chomped down and gotten ahold my dogs neck (or anybody elses dog who happened to be walking by). If my arms and hands can't pull the dog free...neither is a leash attached to his neck

you just said it yourself, last time your dog was on a leash, it didn't happen, this time, your dog runs up to it unleashed and it happened.

Sorry, but you were the one in violation of the law. Ignorance of the law is not a defense to prosecution. Dogs should be on leashes.

[Oldgringo]

First off I would like to say I am glad both dogs are still alive, and I wish your father a fast recovery.

However, IANAL, but it is my opinion that everything that happened is indeed your fault since your dog was not on a leash.

If I did not have my puppy on a leash and it got attacked for that reason, I would NOT shoot the other dog, since the confrontation was my fault. However, if another dog that was not on a leash attacked mine that was, I would indeed shoot the other dog to save mine.

Doug,

It seems that you've had a run of bad luck lately: first your megachurch and now your puppy. Maybe you do need a change of scenery?

Good luck and God Bless.

[Doug.38PR]

^
Never would have happened? How do you figure that? As said, this easily could have happened with a leash on both dogs. One of the most common things people do when passing people with other dogs on walks is let fellow dogs sniff and "say hello." In fact...I came across these same guys and this same pit a week or two earlier with my dog on a leash. At the time, the dog was friendly nothing happened...but it easily could have chomped down and gotten ahold my dogs neck (or anybody elses dog who happened to be walking by). If my arms and hands can't pull the dog free...neither is a leash attached to his neck

you just said it yourself, last time your dog was on a leash, it didn't happen, this time, your dog runs up to it unleashed and it happened.

Sorry, but you were the one in violation of the law. Ignorance of the law is not a defense to prosecution. Dogs should be on leashes.

The fact that my dog was leashed last time is not the reason it didn't happen. The Pit just happened to be in a good mood I guess. As said BOTH DOGS WERE IN CLOSE PROXIMITY TO EACH OTHER AND WERE SNIFFING AND PAWING AND WRESTLING WITH EACH OTHER. HAD THE PIT BEEN IN A MOOD IT EASILY COULD HAVE CLAMPED DOWN ON MY DOG'S NECK AND WE'D HAVE THE SAME SITUATION: A PIT ATTACHED TO MY DOG, A HANDLER WHO DIDN'T KNOW WHAT TO DO AND ME ON THE GROUND STRUGGLING.

Yes I was in violation of the mickey mouse leash law. True. I'm not claiming ignorance as an excuse. But that largely irrelevant to what happened.

[Doug.38PR]

Even the peace officer and his sup. said THEY failed to control their dog. It was THEIR dog who acted agressively.

Mine was simiply not on a leash. This is like a 16 year old teenager driving without a license, getting rear ended and crippled by a drunk driver and then the drunk driver screaming that the teenager is the bad guy for not having a license.

Was the teenager in violation of the law? Absolutely. Is that relevant to a drunk driver driving dangerously and crippling someone? No. It's a silly to say, "Well if the kid had had license to drive that would have been avoided, whole thing was his fault." There are some things even a licensed experienced driver can't avoid

[flb_78]

Even the peace officer and his sup. said THEY failed to control their dog. It was THEIR dog who acted agressively.

Mine was simiply not on a leash. This is like a 16 year old teenager driving without a license, getting rear ended and crippled by a drunk driver and then the drunk driver screaming that the teenager is the bad guy for not having a license.

Was the teenager in violation of the law? Absolutely. Is that relevant to a drunk driver driving dangerously and crippling someone? No. It's a silly to say, "Well if the kid had had license to drive that would have been avoided, whole thing was his fault." There are some things even a licensed experienced driver can't avoid

Whatever, keep telling yourself it's not your fault. Your dog was unleased, ran at anther dog, the other dog took it as an act of aggression and acted accordingly.

It's bad the entire thing even happened and that your father has to seek medical care, but if your dog had been leashed, it would not have gotten that close to the other dog without your permission.

[Doug.38PR]

but if your dog had been leashed, it would not have gotten that close to the other dog without your permission.

Yes it would have. People give their permission all the time letting their dogs get close. People do it all the time walking in the neighborhood. In fact..go to any dog park, dogs are running around out there all the time unleashed. If two guys walk in with leashed pitbulls and a dog runs up....well.

[MrsFosforos]

That would have been a tough call and I would have been terrified!

I walk my dogs in our neighborhood and around a city park routinely and TRY to remember to carry pepper spray to use just in case. I've only used it once, on a nursing mama dog who wasn't overtly aggressive, but she kept closing the gap between me and my little 13# Boston Terrier. We were walking past her yard, she was unrestrained and I guess she thought we were just too close for comfort to her litter. It turned her around and I was relieved. I wasn't too interested in getting in the middle of a dog fight with a protective mama dog!

I hope your pup is ok and I hope your dad's injury wasn't severe. Dog bites can be terrible injuries.

[flb_78]

^
Yes it would have. It happened before. People do it all the time walking in the neighborhood.

So this animal has a history of attacking other leashed animals?

I take back the "never would have happened". Very little is so definite. I should have said "most likely would not have happened".