Any Lawyers out there? (Dog killed)

Jennie · #1 Feb 4, '05, 5:15 pm

Back in September 2004, my husband killed a neighbor's dog with his bow and arrow.

First of all, let me say that he would never kill an animal, especially someone's pet unless he felt he had too.

This is what happened: I was outside with my three youngest children, (2,3, & 4), watering flowers. My four year old asked if he could get the mail. I told him he could. On his way back to the house, a large, black lab mix darted into the yard after my child. The dog was barking, growling, and trying to bite my son. My child was running from the dog crying and screaming. He made it into the house without injury.

Meanwhile, the dog then came towards myself and my other two children. I had tried to scare the dog off this whole time, but it only provoked the dog to stand it's ground.

We finally made it inside the house without injury, however, the dog remained outside. My husband heard all the crying, screaming and barking and came running down the stairs to see what was going on. I informed him about the dog, and how it had gone after our son.

Let me now explain that this dog had been in the neighborhood for about two months now and had chased our children in this very territorial, aggressive manner before. On two different occasions, my husband and I had asked the owners of the dog to keep it from entering our property. They just responded by saying, "the dog would never hurt anybody".

This time, however, my husband grabbed the nearest object for protection that he could find. (He had been getting his bow ready for deer season. Thus, it was handy) He then went outside to check the yard to see if the threat was gone, carrying his bow for protection. My husband was aware that the dog was unfriendly.

The dog had left our property. While my husband was still in our front yard, one our neighbors drove by and they stopped to talk. (They talked about the dog, and it's unusual behavior)

As my husband was returning to our house, the dog bolted into our yard after my husband. My husband turned around, and held the bow up at the dog. The dog stopped it's charge, but continued to bark, growl, and snap at my husband. The dog then made a lunge towards my husband, and my husband let the arrow fly.

The arrow struck the dog dead center in the chest. The dog ran off and died in the owner's living room.

We immediately called the sheriff and informed them that we had shot an aggressive dog.

The sheriff came out, and no arrest was made, and we were also told that we were NOT being charged with anything.

Three weeks later, we got a summons in the mail charging my husband with animal abuse, a class A misdemeanor punishable to a year in jail and a $1,000 fine.

We hired a lawyer, but the prosecutor would not cut a deal. So, we had a trial by jury. It ended up being a hung jury, which should have been a victory for us. However, the prosecutor re-filed the case to go to trial again. This is unheard of, for the state to use tax payers money for a second trial for this level of a case.

(Yes, I was a witness and testified. No, there were no reports of the dogs behavior in the past. Yes, we had two other witnesses testifying in court that they too had been attacked, or chased by this same dog)

We've already have spent over $2,300 in legal fees.

Anyone have any moral or legal advise as what to do next. We haved talked to our legislature, and they are going to try to close the loop-holes in our statutes.

Missouri has a statute that gives any person the right to pursue and kill a dog if it is chasing your sheep, or domesticated animal, but it does not mention chasing humans. (273.030) We just want to include humans as well. Therefore, this should not infringe on animal's rights in any way.

Thanks for your help and/or advice.

Jen

aimee · #2 Feb 4, '05, 5:51 pm

Looks like your in trouble....and to be honest ...sounds like your husband was a bit fast on the trigger. But I wasn't there.
Must have been painful for those peoples dog to die like that.

otm · #3 Feb 4, '05, 6:06 pm

1) make sure that your attorney does a lot of Criminal Defense work; i.e. that it is not one of many things they do.

2) tell your husband that if he is going to take out the dog next time, don't use a bow and arrow. Every bleeding-heart tree-hugging save the (seals) (whales) (Bambi) idiot out there is going to get on the band wagon. A baseball bat between the eyes works better. Any dog that attacks someone on their own property needs to be dispatched right now.

3) ask your attorney, if they didn't do so in the first trial to use a couple of questions on voir dire: what associations, clubs, organizations, etc. the jury memebers belong to; what their opinion of hunting is; what their opinion of firearms is. humane society members, along with a large portion of environmental groups need to be challenged for cause.

4) if you win, consider sueing the dog owners for failure to restrain, intimidation, etc.

5) tell him happy hunting.

otm · #4 Feb 4, '05, 6:10 pm

Quote:

Originally Posted by aimee

Looks like your in trouble....and to be honest ...sounds like your husband was a bit fast on the trigger. But I wasn't there.
Must have been painful for those peoples dog to die like that.

Yes, and it would have been painful for the children to get stitches if the dog had bit. And even more painful if they had had to undergo treatment for rabies - they take a really nice long needle and plunge it into the stomach area.

If it had been my children, I would have been even faster on the trigger. My kids? A dog? I wouldn't even bat an eye.

aimee · #5 Feb 4, '05, 6:10 pm

Quote:

Originally Posted by otm

1) make sure that your attorney does a lot of Criminal Defense work; i.e. that it is not one of many things they do.

2) tell your husband that if he is going to take out the dog next time, don't use a bow and arrow. Every bleeding-heart tree-hugging save the (seals) (whales) (Bambi) idiot out there is going to get on the band wagon. A baseball bat between the eyes works better. Any dog that attacks someone on their own property needs to be dispatched right now.

3) ask your attorney, if they didn't do so in the first trial to use a couple of questions on voir dire: what associations, clubs, organizations, etc. the jury memebers belong to; what their opinion of hunting is; what their opinion of firearms is. humane society members, along with a large portion of environmental groups need to be challenged for cause.

4) if you win, consider sueing the dog owners for failure to restrain, intimidation, etc.

5) tell him happy hunting.

oh real cool

**Church Militant** · #6 Feb 4, '05, 6:16 pm

Quote:

Originally Posted by otm

Yes, and it would have been painful for the children to get stitches if the dog had bit. And even more painful if they had had to undergo treatment for rabies - they take a really nice long needle and plunge it into the stomach area.

If it had been my children, I would have been even faster on the trigger. My kids? A dog? I wouldn't even bat an eye.

I have to fully agree. On one's own property one should have the right to self-defense. (anywhere for that matter). Had that been my children...there wouldn't've been a second thought,though perhaps a second arrow...

Jennie · #7 Feb 4, '05, 6:16 pm

Quote:

Originally Posted by aimee

Looks like your in trouble....and to be honest ...sounds like your husband was a bit fast on the trigger. But I wasn't there.
Must have been painful for those peoples dog to die like that.

Aimee,

It would have been more painful to see our child mauled, or dead from a dog attack.

One shouldn't have to let a dog maul you before you can act.

We put up with the dog for 2 months. Spoke to the owners twice.

They violated the same statute by failing to adequately control their animal.

The welfare of an abused pet that has been taught to act that way will NEVER be more important than the safety of my child.

God bless you, and I hope that you will never find yourself in a similar position.

Jen

aimee · #8 Feb 4, '05, 6:23 pm

Quote:

Originally Posted by otm

Yes, and it would have been painful for the children to get stitches if the dog had bit. And even more painful if they had had to undergo treatment for rabies - they take a really nice long needle and plunge it into the stomach area.

If it had been my children, I would have been even faster on the trigger. My kids? A dog? I wouldn't even bat an eye.

Oh please....of course Children come first.

perhaps it would have been better to use a gun.

Sir Knight · #9 Feb 4, '05, 6:28 pm

I'm not an attornery so take what I say with a grain of salt but I have taught handgun self-defense and you might have some problems.

First off, grabbing a bow & arrow and going after the dog outside when everybody was already safe inside makes your husband look like the aggressor.

Any while your husband was justified in killing the dog when he attacked, having the bow & arrow with him is hard to defend.

Have your defense attorney focus his defense on the fact that your husband feared for his life and had no means to retreat and therefore had to use deadly force in order to protect his own life. Also, have him focus on the fact that in the eyes of the law a human life is "worth more" than the life of an animal. What I mean by that is that if a bear enters my back yard and attacks my dog, I may NOT shoot it but I CAN shoot it if it tries to attack another person.

By the way, morally I don't think you did anything wrong. Legally, is an entirely different matter.

Seriously consider getting a better / more qualified lawyer. Even though it might be more costly, think of the alternative of what will happen if your husband is convicted and spends a year in jail. You will lose a year's worth of income. Chances are he will lose his job while he is in prison and being an ex-con will seriously restrict his earning potential for the rest of his life.

Finally, give SERIOUS consideration to hiring Massad Ayoob of the Lethal Force Institute (800-624-9049) as an expert witness. He isn't cheap but he's one of the best and if you can get him to testify on your husband's behalf, you're almost home free.

aimee · #10 Feb 4, '05, 6:31 pm

Quote:

Originally Posted by Jennie

Aimee,

It would have been more painful to see our child mauled, or dead from a dog attack.

One shouldn't have to let a dog maul you before you can act.

We put up with the dog for 2 months. Spoke to the owners twice.

They violated the same statute by failing to adequately control their animal.

The welfare of an abused pet that has been taught to act that way will NEVER be more important than the safety of my child.

God bless you, and I hope that you will never find yourself in a similar position.

Jen

I see, certainly children come first....just sometimes people are a bit fast to pull a trigger..
This kinds of posts do bring out the over reaction in people. I am glad you explained further. Perhaps they will drop everything...
I would protect my family and my pets...
was it a pit bull? What does the pet owner say about his neglect?
You might be able to sue and collect once all is over...I really would check with attorney.
and yes I would hate it to happen to anyone.
Hope for the best...
God Bless

otm · #11 Feb 4, '05, 6:39 pm

Quote:

Originally Posted by aimee

oh real cool

Have you ever been bit? No one is trying to be cool. The dog owners were told, and they failed to restrain the dog. Had the dog bit, they could have been responsible for plastic surgery for whoever was bit, as well as pain and suffering. And if it was a small child, it could have ended in the death of the child, as happens periodically.

Get over your "cool" and get a clue.

otm · #12 Feb 4, '05, 6:44 pm

Quote:

Originally Posted by aimee

Oh please....of course Children come first.

perhaps it would have been better to use a gun.

Do you know anything about guns bsides what you see in the movies? Bullets can pass right through the animal and strike someone on the other side, or ricochette off a hard object and have enough force left to penetrate a body - perhaps one of the children.

aimee · #13 Feb 4, '05, 6:49 pm

Quote:

Originally Posted by otm

Do you know anything about guns bsides what you see in the movies? Bullets can pass right through the animal and strike someone on the other side, or ricochette off a hard object and have enough force left to penetrate a body - perhaps one of the children.

Quite insulting aren't you...yes, I know about guns.. I am a southern woman, after all.
We can shoot....I have guns ...arrows can kill obviously...any thing like that used improperly can do a lot of harm...
Good Grief...

aimee · #14 Feb 4, '05, 7:01 pm

Jennie,
Sorry about the exchange between otm and me. Didn't mean for your thread to be taken over.

I hope things work out for the best.
You've had some good advice here ...hope it helps.

Come back and let us all know how it turns out.

God Bless
A

Meghan · #15 Feb 4, '05, 7:50 pm

Quote:

Originally Posted by Jennie

Anyone have any moral or legal advise as what to do next. We haved talked to our legislature, and they are going to try to close the loop-holes in our statutes.

As someone who deals with legal system on a daily basis, I will tell you the best thing you can do is to cut your losses, pay the court costs, and continue petitioning your state legislature to take care of those "loop holes" so this doesn't happen again.

Also, get your husband into anger-management counseling. A man who goes for a hunting bow to resolve a conflict has trouble handling stress and his temper. Next time, it may not be a dog he takes aim at in anger, but a human being.

This may not be the advice you want to hear but it will save you money and heartache in the future.