Shooting someone else's dogs-Arrest

[TVGuy]

Dogs seem to come up here often, so I thought this would be of interest:

http://www.nbcdfw.com/news/local/Hunt-C ... 16571.html

The photo on Conatser's Facebook account showed two dogs, apparently shot to death, with the message, "Somebody didn't put any truth my warning. Keep your damn dogs on your property."

Moral of the story - don't shoot someone's dog without ample reason.

[RoyGBiv]

Mistake #1 : Committing a felony (alleged)
Mistake #2: Bragging about it online.

[Maxwell]

As the saying goes : "Here's your sign."

[Middle Age Russ]

Regading dealing with domestic dogs that have acquired a taste for chasing/killing/eating (any or all) livestock, I have heard senior farmers/ranchers use the phrase "Shoot, Shovel & Shut Up". This fellow clearly failed in the discretion part(s) of that message.

[EEllis]

Mistake #1 : Committing a felony (alleged)
Mistake #2: Bragging about it online.

Only a felony on the third offence. TPC 42.09

[mr1337]

While I think shooting them was an appropriate response if they threatened family or livestock, if they weren't a threat a better option would have been to call the police and have the dogs impounded and a police report filled out.

That way there's a paper trail for future violations, and no one has to go to jail, and no ones pets die.

[RoyGBiv]

Mistake #1 : Committing a felony (alleged)
Mistake #2: Bragging about it online.

Only a felony on the third offence. TPC 42.09

Just going by what the article said.... Although I should know better than to trust a reporter to report the facts correctly...

A volunteer fireman in North Texas was arrested Wednesday on two felony counts of animal cruelty

[TVGuy]

Mistake #1 : Committing a felony (alleged)
Mistake #2: Bragging about it online.

Only a felony on the third offence. TPC 42.09

Incorrect, it is a felony if you read TPC more closely. It's under 42.092:

Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (a) In this section:

(b) A person commits an offense if the person intentionally, knowingly, or recklessly:

(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;

(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal;

An offense under Subsection (b)(1), (2), (7), or (8) is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09.

[EEllis]

Mistake #1 : Committing a felony (alleged)
Mistake #2: Bragging about it online.

Only a felony on the third offence. TPC 42.09

Incorrect, it is a felony if you read TPC more closely. It's under 42.092:

Looks like you're right

[Kawabuggy]

middleageruss has it right. This guy failed in the very basic tenant of shutting yer pie-hole after solving the problem.

When I hear the animal lovers crying about the cruelty perpetrated on their beloved pet I want to ask them, and how do you feel when the same pet is hit & killed by a car because YOU were too stupid to secure your pet? Is it any different? Because a car hits it we like to call it "an accident". But when someone shoots it, it's a felony. Hmm... End result is the same, and either way it could have been avoided had the owner done THEIR job.

I'm not advocating shooting peoples pets but I am advocating placing responsibility on the pet owners for controlling their animals.

[Rex B]

A good friend of mine kept guinea hens at his home. They ran in his unfenced 2-acre yard and never got close to the property line. Then a new family moved in nearby. Dad was a cop at a nearby large city. They had two large purebred dogs they were real proud of. Of course, my friend started losing a chicken or two shortly after, finding them mangled but not eaten. One evening he heard a commotion outside and saw both those dogs in his back yard, each with a chicken in it's mouth. He stepped outside and drilled both dogs with his 30-30. Then he loaded up the dogs in his pickup, drove to the neighbors house, dropped the tailgate, and said "Here's your dogs. You owe me $XX for the chickens they killed". He got paid.

It's long established in common law that if an animal is on your property attacking your livestock, you can kill it. The owner of that animal (if any) has no recourse.
This guy made it into an International Incident with his FB post. Now the local law enforcement are bound to investigate it, and try to find something to charge the guy with - just to satisfy the public outcry. Expensive lesson, that.

[Cedar Park Dad]

middleageruss has it right. This guy failed in the very basic tenant of shutting yer pie-hole after solving the problem.

When I hear the animal lovers crying about the cruelty perpetrated on their beloved pet I want to ask them, and how do you feel when the same pet is hit & killed by a car because YOU were too stupid to secure your pet? Is it any different? Because a car hits it we like to call it "an accident". But when someone shoots it, it's a felony. Hmm... End result is the same, and either way it could have been avoided had the owner done THEIR job.

I'm not advocating shooting peoples pets but I am advocating placing responsibility on the pet owners for controlling their animals.

One is an accident because there is no mens rea. The other has intent and is a crime.
I had a dog get out when dad opened the door and it booked and was killed before he could catch it.


However, overall I agree strongly that people need to leash their animals. I've had far too many instances of loose dogs running up and attacking my dogs when I was walking them.

[TomsTXCHL]

It's long established in common law that if an animal is on your property attacking your livestock, you can kill it. The owner of that animal (if any) has no recourse.
This guy made it into an International Incident with his FB post. Now the local law enforcement are bound to investigate it, and try to find something to charge the guy with - just to satisfy the public outcry. Expensive lesson, that.

I agree with Rex B.

The text doesn't say anything about the perp having livestock, but if yes i.e. dogs are killing his chickens or whatnot he should be exonerated of any crime, though he will in any case pay dearly for his stupidity in publicizing it.

[cb1000rider]

Out here, about 50% of the dogs are what I call "free range". I always assumed it was tied to demographics, but several of these dogs are owned by well educated reasonably wealthy people. One, whose dog is a consistent pain, is an ex NFL players dog - nicest guy you'd meet, but his dog has the run of the whole neighborhood and is a great garbage thief.

Most of them pose no threat to people. A few are quite nice. In 5 years, we've only had one bite and those only occur when you're walking your dog. I know that one of them has been hit by cars twice, but he's still ticking. The worst are the smaller breeds that try to bite and run.

One neighbor told me that I'm crazy if I think I can come into the neighborhood and change the way things have been for the last 40 years...

I think there are some good country folk that have always had free range dogs. There really isn't much I can do about it. Calling the county to have them picked up has a minimum 24 hour turn around time before they'll even come out and most of these dogs are smart. Our dogs are fenced, but regularly we've got through fence barking (well inside my property) - it only raises the aggression level when they meet outside the fence.

I don't worry about my dogs getting hurt - they're big enough and young enough that they'll do fine. However, when they get tangled up, my wife has been bitten and it's dangerous around my child. We've got two big dogs that can be hard to control on leash if they're tangled up with another dog.

My solution has been to carry a paintball gun if I'm in an area where I know I'm going to encounter problems. I don't actually shoot paintballs at them, just the sound of the gun firing has them running for the hills... It's a pain to do that though and I'm sure I look like a weird-o.

I guess it's a bit of a cultural clash.

[The Annoyed Man]

....I'm sure I look like a weird-o.

What's that saying?...... "If it looks like a duck....."



Hey, you handed that one off to me, fair and square. Now take your medicine like a man!