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Posted: 2/3/2006 6:40:15 PM EDT
I read in the newspaper that a man in eastern Texas shot a man for beating his dog. Supposedly this guy walking down the street didnt like the mans dog barking at him so he decided to jump over the fence of this homeowners yard and start beating this lab. with his bare fist, the home owner came out of his house with a handgun of some type and blew this guys ass on the ground. I dont think he killed him................but like i said just out of curiosity, what is going to happen to this guy that shot the attacker of his dog? I know the news wont stick to this story so no one will every find out. Just a question.
Link Posted: 2/3/2006 8:59:52 PM EDT
[#1]
I'm no lawyer or cop, but I have watched both on TV.

I would say he could be charged with as much as attempted 2nd degree murder, but the DA would most likely settle for an attempted manslaughter plea.

Needless to say, I would be REALLY suprised if this guy doesnt do a good bit of time, and loses his gun rights.
Link Posted: 2/3/2006 9:03:22 PM EDT
[#2]
If it was dark outside, I'd say that he'd get off, in Texas.  It is legal in Texas to use deadly force to protect your property after dark.
Link Posted: 2/4/2006 5:55:11 AM EDT
[#3]
I was in fear for my life. It was dark and this man was obviously crazy. I thought I saw a weapon.

That would be my story.
Link Posted: 2/4/2006 6:14:50 AM EDT
[#4]
I know a guy who blew his crazy ass neighbors leg off with a 12 gauge after he climbed over the fence and was beating his dog with a bat. He simply stated that he walked out with the shotgun and told the guy to leave, at which point the guy advanced on him with the bat. He shot the guy in self defense. End of story.
Link Posted: 2/4/2006 6:18:53 AM EDT
[#5]
Link Posted: 2/4/2006 6:26:22 AM EDT
[#6]
In the county I am from in Texas he would get a pass.  Asshole croossed a fence, to tresspass on his property and then began to damage private property.  Let alone the animal abuse and the fact that this nations #1 religion is animal worship these days.  
Link Posted: 2/4/2006 7:00:33 AM EDT
[#7]
I think i would have beat the crap out of the guy that was attacking my dog, lol

i think that the home owner will get off with a slap on the hand, sounds like the defense of a third person in a assault with serious bodily injury (the dog)
Link Posted: 2/4/2006 7:06:08 AM EDT
[#8]
Attack my dog, you're attacking me. Expect an ass whooping in return.
Link Posted: 2/4/2006 7:10:22 AM EDT
[#9]
It happened in Texas? I wouldn't expect criminal charges but he'll probably get slapped with dragged into a civil case that will more than likely be thrown out.
Link Posted: 2/4/2006 8:38:23 AM EDT
[#10]

Quoted:
I think i would have beat the crap out of the guy that was attacking my dog, lol

i think that the home owner will get off with a slap on the hand, sounds like the defense of a third person in a assault with serious bodily injury (the dog)



As much as a good dog is like a child to us, the law doesnt treat animals with the same protection as a person.  I think this guy's best chance is if he plays it like "I thought that once he was done with the dog I was next..." or something like that.  If he says he shot  just to protect his dog and that he didnt feel that his life was in imminent danger, he might be in trouble.
Link Posted: 2/4/2006 11:23:11 AM EDT
[#11]

Quoted:

Quoted:
I think i would have beat the crap out of the guy that was attacking my dog, lol

i think that the home owner will get off with a slap on the hand, sounds like the defense of a third person in a assault with serious bodily injury (the dog)



As much as a good dog is like a child to us, the law doesnt treat animals with the same protection as a person.  I think this guy's best chance is if he plays it like "I thought that once he was done with the dog I was next..." or something like that.  If he says he shot  just to protect his dog and that he didnt feel that his life was in imminent danger, he might be in trouble.



In Florida, that may hold, but TX has different laws and, unfortunately for us, a different mindset.

Would that we could blend their property protection laws with our carry and self-defense laws...
Link Posted: 2/4/2006 1:52:16 PM EDT
[#12]
Any comment from PETA yet on this man's heroism?
Link Posted: 2/4/2006 2:04:43 PM EDT
[#13]
They have treated police dogs as human officers in the past. AKA you shoot the police dog, they treat it the same as shooting a human officer.
Link Posted: 2/4/2006 2:12:16 PM EDT
[#14]
And I am sure you have a source for this???

Never heard of anyone killing a police animal being charged as if they killed an officer. Sorry, but no death penalty cases for that crime around here.

Now, there are stricter penalties for killing a service animal.
Link Posted: 2/4/2006 2:13:33 PM EDT
[#15]
i'm afraid i'd have to shoot my dog, to get him off of the guy who hopped the fence and attacked him.
Link Posted: 2/4/2006 2:26:02 PM EDT
[#16]
No source, saw it on a cops type show. Never mentioned the death penalty.
Link Posted: 2/9/2006 3:26:12 PM EDT
[#17]
lol, its Texas - im sure the cops patted him on the back and said "good job, guy would have got it eventually."


i love texas gun laws!
Link Posted: 2/9/2006 10:30:55 PM EDT
[#18]
all depends on if he kept his mouth shut, and if the local DA is a one of those "i'll prosecute grandma for jaywalking" nazi types.
Link Posted: 2/10/2006 9:08:37 AM EDT
[#19]

Texas PC §9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or tangible,
movable property:

(1) if he would be justified in using force against the other under
Section 9.41; and
(2) when and to the degree he reasonably believes the deadly
force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary,
robbery, aggravated robbery, theft during the nighttime, or criminal
mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing
burglary, robbery, aggravated robbery, or theft during the nighttime
from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by
any other means; or

(B) the use of force other than deadly force to protect or recover
the land or property would expose the actor or another to a substantial
risk of death or serious bodily injury.



Dogs are property.
Link Posted: 2/10/2006 9:18:05 AM EDT
[#20]
Link Posted: 2/11/2006 5:39:14 AM EDT
[#21]
i wonder how this would play out in other areas, say California.  Would you be better of trying to get a jury full of PETA members?
Link Posted: 2/11/2006 8:10:05 AM EDT
[#22]
"WHAT ARE YOU DOING?"
"STOP HITTING MY DOG"
"OH MY GOD, HE'S REACHING IN HIS POCKET"
"IT LOOKS LIKE A GUN! IT'S TOO DARK TO TELL!"
BAM BAM BAM

that's my story and i'm stickin w/ it
Link Posted: 2/14/2006 5:19:55 PM EDT
[#23]

Quoted:
Any comment from PETA yet on this man's heroism?




for once in my life I am actually interested in what those whacos have to say
Link Posted: 2/16/2006 12:40:24 AM EDT
[#24]
poor puppy











He got what he had commin'

Invisiblesoul
Link Posted: 2/20/2006 6:00:39 PM EDT
[#25]
Sorry, I would have done the same.... My dogs are my family... Dogs are the only animal on this planet who care about there masters more that they care about themselves. For that they earn my respect. They are Heros in everyday life from seeing eye dogs, Police K-9s, and search and rescue, they do more for us than we can do for ourselves at times. A dog would give there life for the master. My Lab, Cheyanne saved my nephews life ... He was 4 years old and in full sprint running towards a busy state rout hiway near my parents house chaseing a ball that had been knocked into the road. We all yelled at him to stop but he kept running. I in turn took off full sprint and ordered Cheyanne to catch him. My dog ran my nephew down, cought him within 3 feet of the road and drug him to the ground. I thank her every day for it and would in turn give my life to protect her if needed.


True story.......

Edit to add pic: Large dog is Cheyanne( Full black Lab ), small dog is my lill guy Jack ( Black Lab/Boxer mix ), and my lill lady, Christy...



viper
Link Posted: 2/20/2006 7:36:48 PM EDT
[#26]
viper thats a great pic.
Link Posted: 2/21/2006 5:00:18 PM EDT
[#27]

Quoted:
poor puppy polar bear cub?




i48.photobucket.com/albums/f248/theinvisiblesoul/puppynose.jpg





He got what he had commin'

Invisiblesoul

Link Posted: 2/21/2006 6:06:14 PM EDT
[#28]
In Texas deadly force is authorized in defence of your property. If the guy gets a good lawyer he will do just fine. His dog, his propety, and he was in fear for his life. Did you think the guy was going to stop with the labrador? Dont over simplify things. He enterd the property with the intent to attack. the dog defended the attack until the owner could defend the home/his health. If you are on my lawn beating my dog you are in deep shit. What is the big deal?

Ps : Viper, my chocolate Lab was knocking my 2 year old son down in the back yard repeatedly, and he was telling her bad dog! Well, I went out there to the corner of th yard to scold her, but before I did I realized that he was trying to get close enough to play with a new ant hill mound, and she was keeping him away from it. God I love that dog.
Link Posted: 2/21/2006 6:16:57 PM EDT
[#29]
with sympathy towards animals these days more than rape victims it won't suprise me to see the trespasser given a heafty sentencing and fine...
 If you are going to attack some guys dog, the dog needs to be on your property or lose on the street so you can say you were defending yourself...I read the papers up here and they don't take kindly to animal abuse of any kind...
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