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But when the group got to the third hole, Jim Steward said Marty hopped out of the cart and trotted over to a nearby home to frolic with some other dogs.
And [Smith] turned around and started walking that way and said, ‘If you’re gonna shoot my dog, shoot me.’
Officials said McInchak had shot him in the chest with a .22 caliber rifle from about 25 feet away.
"Frolic" could look like an attack, in which case shooting the dog becomes reasonable under Health and Safety Code 822.013. As for shooting the owner, if you're standing there with a gun in your hand, and some guy keeps approaching you telling you to shoot him, are you going to wait until he's close enough to grab your gun? Smith was 4 feet outside the Tueller Drill minimum distance when he was shot.