About three weeks ago, I was inside checking out Arfcom on a Saturday.  All of a sudden I hear one of my children screaming (I've got 4 boys, 9,4,3,and 2 years old.).  I immediately jumped up and ran downstairs to see what was wrong.

My wife, who had been outside with the three youngest, said that Nick, my 4 year old had asked if he could go and get the mail out of the mailbox.  

Just for background, we live outside the city limits on a gravel dead end road, there's a string of apartments and then houses, and I have the first house after the apartments.

Anyway my son knows not to go out into the road and did not need to, to get the mail so he was in no danger from cars.  According to my wife, the neighbor's dog (I know you won't believe the rest of the story when I tell you that it was a black lab) came charging over from the apartments, barking, snarling and snapping at Nick as he was trying to get the mail.  Even though I have told my boys not to show fear or run from dogs because they can sense the fear and act on it, he started to run back to the house screaming (he IS only 4 years old)and of course the dog chased, barking and snarling at my boy.  Luckily my wife was by the front door and got Nick inside before the dog could get him.  
   
This wasn't the first time we have had an encounter with this dog, we have had it in our yard before scaring the kids with its aggressive behavior.  We were able to chase it out of the yard after getting the kids inside.  Just so you know, I have had a few dogs including a lab and several people I know have had labs and I have NEVER seen one act like this before.  Usually the only danger you're in with a lab is being licked to death or knocked out by its tail wagging.  

BTW at no time EVER have my children teased or molested this dog, it seems like it just decided that OUR property was its property and it was acting very territorial.  We said something to the owners a couple of times and all we got was "Oh don't worry our dog is so friendly and harmless".  Well this time I decided that I couldn't wait around for a call at work some day telling me that one of my small children was in the hospital or dead from the mauling of a dog.  

I grabbed the closest weapon, my compound bow and a couple arrows tipped with muzzy broadheads, unfortunately it wasn't my AR15, that was locked up in my gun cabinet and my bow was out because I was getting it ready to go hunting with it the next weekend.  There are also several children and houses in the neighborhood and didn't want to risk a ricochet.
   
I went outside, looked around, saw no dog.  One of my neighbors, on the way to his house saw me, stopped and got out to talk.  While we were talking, the dog rushed up to within 10 feet of us barking and growling, with its ears back and hair raised.  My neighbor commented on how unusual it was for a lab to be like that and I explained to him why I was wandering around my yard with a bow.  

After he left, I figured, well I'm not going to shoot something that isn't even on my property, the dog was still in the road barking at me, so I calmly turned around to go back in the house and put my stuff away.  After I got about 30 ft into my yard, the dog came charging after me like it was going to attack, I still had an arrow notched, so I let it fly.  The arrow was lodged about 3/4 of the way into the dead center of the dog's chest.  Note:  I really do like dogs and would never kill one unless I felt that one of my family members or myself was in danger, I don't just go around randomly killing people's pets.  Bad news, the dog ran back to the apartment, the owner let it inside and I guess it died in the living room.  

Anyway, I called the sheriff, then the owner's brother came down to my house, drunk, and threatened me, I called the sheriff again and we spent the next 3 hours giving statements.  I find out at this point that I made a HUGE mistake by not calling when the other incidents occurred, will never make the mistake of not building a history again.
   
    Three weeks later, today, I get a letter from the local circuit court saying that I have been charged with a Class A Misdemeanor by the state prosecutor for Animal Abuse.  I think okay how bad could the penalties be for animal abuse.  Try up to $1000 fine and/or up to 1 year in jail.  So I look up the State Statute on Animal abuse to see how I can plead my case, I am shocked to see that in order to lawfully kill that fucking dog I would have to witness my child being mauled.  Sorry if you guys think I'm a huge asshole, but there is no dog alive worth what one of my children is.  

    Thanks for taking the time to listen to me vent but I am so fucking disgusted with animal welfare being placed above that of people.  Sorry this was  so long, but I figured if I didn't give background, there would be a lot of assumptions about how my evil children must have been torturing this dog to provoke it.  
3n8fan out

BTW Fuck Peta and all you other holier than thou "animals are people too"  Motherfuckers that get these ridiculous laws passed

Well I call BS since this was a black lab and the sheriff obviously did too.

Sorry bud only pittbulls and stafforshire terriers attack kids.

Well I would fight it.

CRC

Might want to make some paragraph breaks to make your easier to read. Sorry about the dog and your kid and your charges though.

edit-

Dude, sorry to hear that the state is after you, that's fucking bullshit. I think most of us here would have done pretty much the same thing, I know I would have.

And I used to have a savage lab in the neighborhood i grew up in. It was owned by that one family of scumbags every neighborhood seems to have. You know, the reason the cops are  in your AO.

I hope you can beat the bullshit charges without too much expense. I hope you have a good lawyer.

Tim

nascar3n8fan

A friendly word of advice.  I and a lot of other members here are NOT going to read a 2 screen run on sentence.

Paragraphs are your friends.

What you have to say may be the most important thing known to man, but few are going to take the time to try and wade through what you wrote.  I know my eyes glazed over about 3 lines in.


ETA:

Palo_Duro !

Good luck, man.

I would have done exactly what you did in your place.  


ETA:  I nearly did, last year, when an unleashed dog walking with its owner charged into my yard and chased my own (far smaller) dog all over the neighborhood, ignoring its owner's calls to heel.

I had my Remington Rand 1911A1 on me at the time, and nearly shot the dog as it charged into the yard, but decided to give it the benefit of the doubt since it might just be eager and over-friendly.  That turned out to be the case.

Even if you have to pay the $1000 fine, it's worth not having to worry about your children getting hurt or killed anymore.  

Quoted: nascar3n8fan A friendly word of advice.  I and a lot of other members here are NOT going to read a 2 screen run on sentence. Paragraphs are your friends. What you have to say may be the most important thing known to man, but few are going to take the time to try and wade through what you wrote.  I know my eyes glazed over about 3 lines in. ETA: Palo_Duro !

Point taken, Thanks.  You know how it is sometimes when you really have something to say and you don't think you can get it out fast enough.  That was me, lol.

Quoted: Good luck, man. I would have done exactly what you did in your place.

Amen, brother. Get yourself an asshole attorney and sue your neighbor for having that mutt lose in the neighborhood and on YOUR property.

I'm with you, dude. No dog is worth your kid shedding a tear, let alone getting mauled. Rightous shoot.

Good luck!

Dude, that SUCKS!

I would have done the EXACT same thing in your place.  A dog that has a history of threating people making a run at you on your own property == DEAD DOG in my book.

I'd get some legal advice and fight this one.  No way I'd roll over on something like this.

While I love animals, ahve many, and will not tolerate abuse of animals, far, FAR too much deference is shown towards them.  Animals do not come above people.  If an animal, yes, even one of mine, attacks me mine or others, I will deal with it with swift and furious anger.  

next time...

super colibri + left eye

drag it to the road and run it over.

Not your fault. Make sure to squish the head.

There are other ways to stop a dog without an arrow.
Most of the time problem starts with the owner.
My 2 cents.

I'm really starting to wonder if maybe it wasn't them abusing the dog in order to get a normally very friendly breed to behave like that.  They just got 2 new lab puppies yesterday to replace the one I shot.  If I even see them look at one of them wrong, they will get to face the same thing I am.

I have no use for aggressive dogs.
We lived in fear of our neighbors dog for a year. Jumped on or kids chewed their toys ate our dogs food.
This happened in our yard.
Talked to the neighbor he said "its just a pup"
One day I'm mowing lawn and the "dog" is crewing on my daughters coat. I lost it!
I beat him like a red headed step son!
I kinda regret it but the dog has a invisible fence and the neighbor don't talk to me any more

Hummmm... I may set a few people off here but, aside from my opinion of your actions, I can tell you how the law will view your actions.

Once you and your family were in the house, and the dog left... the matter was over - You chose to arm yourself and leave your home to go look for the dog, you took it upon yourself and inititated the circumstances that resulted in the dog's death.

I know, I know, the dog came back to your house... and the animal owner has culpability, but you knowingly and willingly set out with a weapon when there was no threat or danger to you or your family, there is a witness that you told why you were out and probably will say that he saw you armed, no dog and no sign of your family... not good news, but that is how they will probably see it.

These are my feelings based on many years of LE...

Sucks, don't it.


Having to harm just about ANY animal sucks.

But you had to.

As the ARFCOM resident animal lover, IMHO you did the as close to right thing as you could.

OTOH, had you done the right thing (shot the owner) you'd be in the slam now.

You have a witness to the dog's agressive behavior, take him to court with you, under subpoena if necessary.

Duke Nukem has a job now and may not be able to defend you, but why not check with him to determine if there is a statute defining your right to defend yourself from aggressive and dangerous dogs or other animals; make the law cut both ways.  Miranthis may also be able to help.

I would have shot, shoveled and shut the hell up.

Thats messed up when a guy cant defend himself from grave injury on his own property. You were fearing for your life, right?

Quoted: Even if you have to pay the $1000 fine, it's worth not having to worry about your children getting hurt or killed anymore.

That's pretty much what I've been telling myself.  
Just a really shitty/expensive lesson to learn about not establishing a history with LE about a problem.

Hell evan in the peoples republic of mass you can shoot a dog if it attacking livestock or your animals (or you). Good luck. Next time use a damn gun not a frigging bow. that was your big mistake.

 You shouldn't have much of a problem, just some aggravation. You did right. You shot an aggressive animal on your property. If you live in a town large enough that the police dept has written guidelines on when to shoot aggressive animals, get a copy of it. You will likely find your use of force falls within dept guidelines. It must be legal right? If your dept doesn't have one, get copies of policy from depts that do. Good luck and don't get shit up at this point.

Quoted: Hell evan in the peoples republic of mass you can shoot a dog if it attacking livestock or your animals (or you). Good luck. Next time use a damn gun not a frigging bow. that was your big mistake.

That's pretty much the way ours reads too.  Which means that I would have to have proof of the attack.
i.e.  bite marks or child in hospital or whatever
+$1000 on the gun remark, I know I know

Quoted: Hell evan in the peoples republic of mass you can shoot a dog if it attacking livestock or your animals (or you). Good luck. Next time use a damn gun not a frigging bow. that was your big mistake.

I was going to add that to my original post... Get ready to hear that your choice of weapon shows that you were "hunting" the animal -- it will be argued that a bow is not traditionally a first choice for a "charging" or "dangerous" animal and is more often used as a stealth weapon to kill standing game. It will surely be brought up too, that the choice of a bow was deliberate and covert, as there is no muzzle report and limited forensic links back to the weapon.

Do you think it had to do with the arrow....if a firearm was used, would it have been more humane?

Just a question.

Bad situation.

MT

so wait a minute, you have be attacked before you can defend yourself from a animal???  Fuck that law I would fight it to the death.  How come you can  kill a human if you are in fear for your life but you cant shoot a dog????

Quoted: Do you think it had to do with the arrow....if a firearm was used, would it have been more humane? Just a question. Bad situation. MT

I think the big issue will be that a person generally has the right to protect life or property from attack or threat , but that in this case, the threat was over once they were in the house... there is no evidence that the threat would metastasize or that the animal was able to enter the house. Without arguement of rage or passion, the act of leaving the house to go look for the animal is tough to support and any toe-hold for a rage arguement is lost in the fact that he stopped to talk to a neighbor... If a person can recognize another person, engage in conversation with that person and explain his actions -- the concept of  rage becomes very difficult.

Quoted: Do you think it had to do with the arrow....if a firearm was used, would it have been more humane? Just a question. Bad situation. MT

I don't think so, my wife and I have been looking up cases in Missouri on this and it seems like it doesn't matter what the instrument of death was, it's that you did it.  And unless you're willing to spend about twice what the fine is on a lawyer, you pretty much have to just eat it.
Thanks for all the support and suggestions guys.  Like I said I just needed to rant a little, helps me get it out of my system.

After reading all that, I've got only one thing to say to you:  GOOD SHOOT!  Nothing on God's green earth is worth a child getting mauled, and especially if its someone else's stupidity and recklessness.  I hope you beat this.  

You should have called the police, they would have shot the dog for you.

Oh man, I am pulling for ya on this one but ouch.
Just prepare for the worst and hope for the best.

Try to find out the circumstances claimed in the report which led to the charges. I'd bet money that there are "exagerations" and that the threat of charges for filing a false report, emotional distress to your child, lawsuit for legal expenses, and whatever else you can come with based on the behaviour of the animal, it presence on your property, the owners negligence etc will give you plenty to work with. They may decide its easier to get the charges dropped. Try to work on the threat of criminal charges re the false report as these losers may feel lawsuit proof.

The dog charged your children in the past on YOUR property.  

The dog was charging you on your propery, you feared for your life.

End of story.

Quoted: Try to find out the circumstances claimed in the report which led to the charges. I'd bet money that there are "exagerations" and that the threat of charges for filing a false report, emotional distress to your child, lawsuit for legal expenses, and whatever else you can come with based on the behaviour of the animal, it presence on your property, the owners negligence etc will give you plenty to work with. They may decide its easier to get the charges dropped. Try to work on the threat of criminal charges re the false report as these losers may feel lawsuit proof.

Good advise, my wife said the same thing about the report that they filed when the deputies came out.  Only thing is, I'm afraid that this would only work in a civil suit.  I may be wrong, not very good with the whole workings of the law in those regards, fortunately I've never been in trouble with the law before, cept speeding tickets.  Unfortunately, this is a criminal case brought against me by the state.


Here is what I found for the statutes, I don't know if I have a chance or not, will be talking to the lawyers on Monday to see if I do or if I need to buy some K-Y and grab my ankles.

Animal Abuse & Neglect Statutes

578.005 Definitions

As used in sections 578.005 to 578.023, the following terms shall mean:

(1) "Adequate care", normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health care as necessary to maintain good health in a specific species of animal;

(2) "Adequate control", to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal, or property;

(3) "Animal", every living vertebrate except a human being;

(4) "Animal shelter", a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other not for profit organization devoted to the welfare, protection, and humane treatment of animals;

(5) "Farm animal", an animal raised on a farm or ranch and used or intended for use in farm or ranch production, or as food or fiber;

(6) "Harbor", to feed or shelter an animal at the same location for three or more consecutive days;

(7) "Humane killing", the destruction of an animal accomplished by a method approved by the American Veterinary Medical Association’s Panel on Euthanasia (JAVMA 173: 59-72, 1978); or more recent editions, but animals killed during the feeding of pet carnivores shall be considered humanely killed;

(8) "Owner", in addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal;

(9) "Person", any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity;

(10) "Pests", birds, rabbits, or rodents which damage property or have an adverse effect on public health, but shall not include any endangered species listed by the United States Department of the Interior nor any endangered species listed in the Wildlife Code of Missouri.



578.007. Acts and Facilities to Which Sections 578.005 to 578.023 Do Not Apply:

The provisions of sections 578.005 to 578.023 shall not apply to:

(1) Care or treatment performed by a licensed veterinarian within the provisions of chapter 340, RSMo;

(2) bona fide scientific experiments;

(3) Hunting, fishing, or trapping as allowed by chapter 252, RSMo, including all practices and privileges as allowed under the Missouri Wildlife Code;

(4) Facilities and publicly funded zoological parks currently in compliance with the federal "Animal Welfare Act" as amended;

(5) Rodeo practices currently accepted by the Professional Rodeo Cowboy’s Association;

(6) The killing of an animal by the owner thereof, the agent of such owner, or by a veterinarian at the request of the owner thereof;

(7) The lawful, humane killing of an animal by an animal control officer, the operator of an animal shelter, a veterinarian, or law enforcement or health official;

(8) With respect to farm animals, normal or accepted practices of animal husbandry;

(9) The killing of an animal by any person at any time if such animal is outside of the owned or rented property of the owner or custodian of such animal and the animal is injuring any person or farm animal but shall not include police or guard dogs while working;

(10) The killing of house or garden pests; or

(11) Field trials, training and hunting practices as accepted by the Professional Houndsmen of Missouri.



578.009. Animal Neglect – Penalties.

1. A person is guilty of animal neglect when he has custody or ownership or both of an animal and fails to provide adequate care or adequate control, which results in substantial harm to the animal.

2. A person is guilty of abandonment when he has knowingly abandoned an animal in any place without making provisions for its adequate care.

3. Animal neglect and abandonment is a class C misdemeanor upon first conviction and for each offense, punishable by imprisonment or a fine not to exceed five hundred dollars, or both, and a class B misdemeanor punishable by imprisonment or a fine not to exceed one thousand dollars, or both upon the second and all subsequent convictions. All fines and penalties for a first conviction of animal neglect or abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived. This section shall not apply to the provisions of section 578.007.

4. In addition to any other penalty imposed by this section, the court may order a person found guilty of animal neglect or abandonment to pay all reasonable costs and expenses necessary for:

(1) The care and maintenance of neglected or abandoned animals within the person’s custody or ownership;

(2) The disposal of any dead or diseased animals within the person’s custody or ownership;

(3) The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and

(4) The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.



578.012. Animal Abuse – Penalties.

1. A person is guilty of animal abuse when a person:

(1) Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of sections 578.005 to 578.023 and 273.030, RSMo;

(2) Purposely or intentionally causes injury or suffering to an animal; or

(3) Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.

2. Animal abuse is a class A misdemeanor, unless the defendant has previously plead guilty to or has been found guilty of animal abuse or the suffering involved in subsection (2) of subsection 1 of this section is the result of torture or mutilation, or both, consciously inflicted while the animal was alive, in which case it is a class D felony.

3. For purposes of this section, "animal" shall be defined as a mammal.

You have the testimony of your family that it did this on several occasions, plus you have the neighbor that was there and saw the dog act like it had rabies and just waiting to attack someone, hell i would of put that arrow a little deeper so it would of died right in my yard, ( Im lieing i cant hit shit with a arrow) But in short i geuss i would be guilty as well, ida done the same.

I know with 4 hungry mouth's to feed you probably don't have a lot of expendable cash for a lawyer, but I would fight this.  What if they pass some stupid law in the future retroactively denying your gun rights if you were ever convicted of animal cruelty?  You went to make sure the coast was clear before letting the kids out again.  The dog was out of sight and then came back and attacked you.  I don't understand how you can even be charged.  

I'm sick and tired of fucktards that don't keep their fucking dogs and cats under their control ie. indoors, fenced in or on a leash.  I deal with the same shit here.  

I hate the way people confuse the concepts of killing vs. torture.  An arrow severing lung tissue/large blood vessels and the dog quickly bleeding out is not torture or cruelty.  Tying a dog to a post with a chain and then slowly beating it to death with a stick is torture.  I agree that the bow shouldn't make this case more difficult.  Imagine if you had used your AR-15.  It would be described as a baby-puppy mutilating killing machine.

Unless I missed it, you never said you had a lawyer.  I don't think I'd chance a year in the slammer.  Lawyer up and good luck.

Quoted: Unless I missed it, you never said you had a lawyer.  I don't think I'd chance a year in the slammer.  Lawyer up and good luck.

I'm going to call one on Monday.  There is a Law Firm in my town that has a really hard time losing... like almost never.  Hopefully I don't have to sell a kidney to pay for it.

WTF?  A PREEMPTIVE STRIKE has been determined to be necessary and warranted in situations that have a POTENTIAL for loss of American lives.  

I think you should get a phone call from the DA and him tell you sorry for the inconvienence, no charges will be filed.  But "they" never listen to me.

FWIW, if there's a leash law you will have a small leg to satnd on.


The SEC and I got into it once with a collie.(small potatos) When the SHTF, I raised hell about the leash law. It wasn't much, but it was enough.

you did the right thing. i was on a walk with my wife (fiance at the time)  when a rottie charged us. i had to shoot and kill it with the glock 23 i was carrying at the time, took 6 rounds to drop it . the first 3 (best as i can tell)  just followed the skull under the skin and grazed off. the last 3 were in the chest and that dropped it.  the police showed up and the stupid cunt owner was freaking out and screaming that this "crazy man had shot her dog"  long story short,  dog wasnt on a leash and was charging= good shoot. hope everything turns out good for you.

Quoted: next time... super colibri + left eye drag it to the road and run it over. Not your fault. Make sure to squish the head.

3-S's:

Shoot
Shovel
Silence

Running over them is OK but it is better to take them down to the main highway and let the Semi's do it!

I would get an attorney and file counter suits.

BigDozer66

If it charged you agressively, then you did the right thing. Screw the stupid drunk bastard who didn't keep his pet controlled. Honestly, if it isn't on the owners property, and its acting agressive, it SHOULD be killed.

Quoted: Quoted: Even if you have to pay the $1000 fine, it's worth not having to worry about your children getting hurt or killed anymore.   That's pretty much what I've been telling myself.   Just a really shitty/expensive lesson to learn about not establishing a history with LE about a problem.

ITS A TRAP

Be VERY VERY SURE that you won't be fucking yourself under the Lautenberg Act!

IIRC, you could LOSE YOUR RKBA if you plead out to a charge that allows for a year's incarceration, even if it is only a misdemeanor. Make sure you check it out.

Lawyer up.

You didn't abuse the animal - you shot him on your property with the full intention of killing him, causing him to stop his threatening behavior.

Without witnesses aginst you that saw different, the fact that the dog died where he did is an "oops".

From the Missouri Revised Statutes - Ch. 536

www.moga.state.mo.us/statutes/chapters/chap563.htm

Use of force in defense of persons.

563.031. 1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he reasonably believes such force to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful force by such other person, unless:

(1) The actor was the initial aggressor; except that in such case his use of force is nevertheless justifiable provided

(a) He has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force; or

(b) He is a law enforcement officer and as such is an aggressor pursuant to section 563.046; or

(c) The aggressor is justified under some other provision of this chapter or other provision of law;

(2) Under the circumstances as the actor reasonably believes them to be, the person whom he seeks to protect would not be justified in using such protective force.

2. A person may not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless he reasonably believes that such deadly force is necessary to protect himself or another against death, serious physical injury, rape, sodomy or kidnapping or serious physical injury through robbery, burglary or arson.

3. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.

4. The defendant shall have the burden of injecting the issue of justification under this section.

I'll try to get "animal cruelty" and add it.

Here's some more from the MRS...

Dogs may be killed, when. 273.030. If any person shall discover any dog or dogs in the act of killing, wounding or chasing sheep in any portion of this state, or shall discover any dog or dogs under such circumstances as to satisfactorily show that such dog or dogs has or have been recently engaged in killing or chasing sheep or other domestic animal or animals, such person is authorized to immediately pursue and kill such dog or dogs; provided, however, that such dog or dogs shall not be killed in any enclosure belonging to or being in lawful possession of the owner of such dog or dogs.

Editd to remove dupe of your post.