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This article from local TV claims video shows no people in backyard until man steps out and blasts dog with shotgun. If true (cameras don't capture full 360-degree field of view, endangered persons may have been outside camera view), this would, IMHO, negate any justification because the necessity element had not been met - if wife and kid are inside then dog is not an imminent threat requiring immediate use of force. Best to call 911 and request immediate police/animal control response

http://www.kxan.com/dpp/news/austin/man ... d-his-yard" onclick="window.open(this.href);return false;

Teamless wrote: So is there EVER any way to shoot around that law?

I'm no lawyer, but I believe the justifications under PC Chapter 9 would be a defense to prosecution for anything in the Penal Code (someone please correct my misunderstanding if I'm wrong) ... problem is once you're charged you then have to PROVE your justification, correct? And justifications for shooting a menacing dog are not spelled out as "clearly" (as if any of it is crystal clear) as for shooting a menacing person.

I'm also wondering what the video shows and why the man could not take his wife and kids back into the house to avoid the harm? I know I know Castle Doctrine and all that. But the fact he was charged means something wasn't as clear cut as he's saying, at least cloudy enough for the police to say "let the court sort it out."

Sec. 9.02.  JUSTIFICATION AS A DEFENSE. It is a defense to prosecution that the conduct in question is justified under this chapter.

Sec. 9.22.  NECESSITY. Conduct is justified if:
(1)  the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
(2)  the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
(3)  a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

Man who police say shot dog in his own backyard is charged with deadly conduct

http://www.statesman.com/blogs/content/ ... weapo.html" onclick="window.open(this.href);return false;