[PonchoV8]

I've sworn out a warrant on a neighbor for allowing a vicious dog to
roam at large. The dog has a history of attacking other animals--mine
for instance. This was just prior to the Vicious Dog ordinance.

Less than one year ago, the neighbor was allowing his dog roam at large
(inside city limits). This resulted in his dog attacking my animal on
my property causing near fatal injuries to my pet and a cost of over
$1400. The dog's owner eventually admitted responsibility and
EVENTUALLY reimbursed us the expense we incurred at Pet Emergency. Now
the dog owner has decided that he will again let the dog roam at large.
Three weeks ago the dog wondered into our front yard (unsupervised)
while my pet was sitting on our front porch--the site of the attack
last Sept. Had we not seen the dog before it saw my pet,.....~!

We have a court date set for this warrant and I would like to know what
to expect and how to approach this matter in court. I know this
prominent Realtor has consulted with an attorney, because an attorney
lives next door to him, and I've seen them consulting and such.
Can anyone offer help?
Thanks,

[FloridaFirebird]

I would just shoot the thing if it came on my property. After what already happened you'd be justified. But then again, I'm no attorney.

Did I see in another post that your in Charlotte? Just curious. I grew up in Hickory and went to school in Raleigh.

Florida Firebird

[Region Warrior]

I would call the police every time i saw the dog loose.
That way it's on record.
Ask your nieghbors to do the same.

[PonchoV8]

Originally Posted by FloridaFirebird

I would just shoot the thing if it came on my property. After what already happened you'd be justified. But then again, I'm no attorney.

Did I see in another post that your in Charlotte? Just curious. I grew up in Hickory and went to school in Raleigh.

Florida Firebird

I'm from Knoxville, but I saw one of those cars at the spring Charlotte show last year. It was a blue Monte Carlo.
I'd like to shoot the dog (because it's always growling at least), but it always happens when I'm not prepared to handle the intrusion/aggression. It beats feet when I start after it. I just want the safe usage of my property as my rights provide.

[cuz68]

I go through that sh every day it does get old i can walk out side and take a pee the dogs bark bf i get it out, I am sick of it also i have to scoop up st out of my yard everyday im about ready to start shooting some lead, Good luck my friend.

[455Grandville]

Shoot the SOB before it attacks a child.

[Colin]

Another vote for shooting it. Do they have animal control in Knoxville? I live in a fairly small town and we have an aniomal control officer. Any dog that is viscious(you already have proof of that) is required to be constrained to the owners property....the owner of course is responsible for keeping the dog tied or in a pen

[1967Clone]

Shoot it, bury it, be done with it.

[Banshee]

You have no power to swear out a warrant. You have the right to make a complaint which is investigated, then a warrant, based on this information is reviewed by the investigator then forwarded to the assistant prosecuting attorney for review, then it is reviewed by a Judge. If the matter is time sensitive or hinges on life/death, an officer must type the warrant and take it before a Judge while in chambers, on the bench, at home, on the golf course etc.

Technically, this is a civil matter unless you can prove negligence or criminal intent upon the dog owner. You have to prove, criminally, what is called "beyond a reasonable doubt" (BARD) that the dog owner is negligent. That evidence weight is ususlly between 70-80%. If this was a civil matter, the weighing of evidence is called "a preponderance of the evidence" which is 51% or just below the "BARD".

You have to prove that the owner did, as you stated "allowed" the dog to roam at large, and you have to prove that the dog got out by actions of the dog owner and that the owner did not secure the dog properly and digiligently.

Personally, you have an uphill battle if going after him criminally and expensive battle if you plan on going after him civilly.

[Region Warrior]

Lets just say you are out in your yard with a sidearm, condition 3, and for some reason the dog makes an aggresive move at you(from a short distance away), lets just say...

[Banshee]

Lets just say you are in your yard with a sidearm and you shoot the dog. Unless you have a CCW, you "technically" are liable. Technically, you can not leave your home with a handgun and shoot an intruder once he leaves your house (outside of the threshhold) and he is no longer a threat.

A long gun is another matter and is looked at differently for a defense of a dog outside the home. ANd of course there are exceptions. But a handgun, outside, no CCW (where applicable) could land you in some issues which may get later dismissed, but why chance it?

So a word to the wise, if wise. Do not go shooting up the "hood" over a dog unless you want a deeper hole than the one you are in now.

[6704gto]

call animal control.and if the owner wont keep the dog in the yard they take it

[Region Warrior]

Originally Posted by Banshee

Lets just say you are in your yard with a sidearm and you shoot the dog. Unless you have a CCW, you "technically" are liable. Technically, you can not leave your home with a handgun and shoot an intruder once he leaves your house (outside of the threshhold) and he is no longer a threat.

A long gun is another matter and is looked at differently for a defense of a dog outside the home. ANd of course there are exceptions. But a handgun, outside, no CCW (where applicable) could land you in some issues which may get later dismissed, but why chance it?

So a word to the wise, if wise. Do not go shooting up the "hood" over a dog unless you want a deeper hole than the one you are in now.

LCTH(license to carry handgun) here in in Indiana.
Since i've had one for 20 plus yrs, figured everyone did

[1967Clone]

Originally Posted by Banshee

Lets just say you are in your yard with a sidearm and you shoot the dog. Unless you have a CCW, you "technically" are liable. Technically, you can not leave your home with a handgun and shoot an intruder once he leaves your house (outside of the threshhold) and he is no longer a threat.

A long gun is another matter and is looked at differently for a defense of a dog outside the home. ANd of course there are exceptions. But a handgun, outside, no CCW (where applicable) could land you in some issues which may get later dismissed, but why chance it?

So a word to the wise, if wise. Do not go shooting up the "hood" over a dog unless you want a deeper hole than the one you are in now.

I dispatch pests on my property all the time with handguns and rifles. Never a dog or cat(yet) but if they come and threaten my animals, or my property, they are done.
I am on 4 acres so it might be different if you are in a neighborhood I am sure.
Here in the country no one says squat about it, even the police officer who lives next door.

[rustedgoat]

I'm not sure what goes on in the court room but I would push on record, that it been established the neibors dog is not the friendly type and confinment to a caged area or ask that he puts up a small fenced in area (cheaper than the $1500) he ended up paying last time. Go on record with the court that if children are in your yard or in the neiborhood they are in danger with the dog roaming free. You are not out to have the court to destroy the dog but you simply want a safe neiborhood. If you could get a video of the dog roaming free and acting aggressively it could go a long way.

If that fails invite some of the guys over that say shoot it, they'll deal with the legal issues.

Good luck in court

[firebirdcrazy1959]

Dudes,i'm the biggest dog lover ever and you all know that.That dog needs to be put down,shot,poisoned or any-thing that will get rid of it.I would have some chopmeat ready, loaded with rat poison and when you see him,throw it at him he'll eat it and he will be gone for ever.Your problem solved.These people who lived next to me had a very bad Rottie,he was able to pull his dog house to try and get me every time i was out-side.I took a rock the size of a golf ball and got him good in the head!I used to pitch in H.S.so i'm pretty good.Almost killed him,but you know what he never bothered me again.And i told the guy what i did and he said good,that dog is bad!Go figure!One time i knocked a chipmunk out that was sitting on a tree stump,hit him right in the head.Walked up to him and he woke up and hauled ass.

[PonchoV8]

Originally Posted by Banshee

You have no power to swear out a warrant. You have the right to make a complaint which is investigated, then a warrant, based on this information is reviewed by the investigator then forwarded to the assistant prosecuting attorney for review, then it is reviewed by a Judge. If the matter is time sensitive or hinges on life/death, an officer must type the warrant and take it before a Judge while in chambers, on the bench, at home, on the golf course etc.

Technically, this is a civil matter unless you can prove negligence or criminal intent upon the dog owner. You have to prove, criminally, what is called "beyond a reasonable doubt" (BARD) that the dog owner is negligent. That evidence weight is ususlly between 70-80%. If this was a civil matter, the weighing of evidence is called "a preponderance of the evidence" which is 51% or just below the "BARD".

You have to prove that the owner did, as you stated "allowed" the dog to roam at large, and you have to prove that the dog got out by actions of the dog owner and that the owner did not secure the dog properly and digiligently.

Personally, you have an uphill battle if going after him criminally and expensive battle if you plan on going after him civilly.

Ennch. That would be incorrect. I have already been before the judge, made my claim and I had the warrant sworn out--no investigation or animal control person signed off. Just myself and the judge. This is just one citizen taking another to court.


And here in town, I've been told by two different animal control agents that I am wholly within my rights to defend my self, other humans and animals with deadly force--and they recommended I do just that given the dogs previous attack on my property.

Your town is not my town and we have repeated instances against the offending animal.
Intent is the easiest of things to prove. There has already been a precedent set where an animal was roaming at large while the owner was not home. He tried to claim he had no intent and lost.

It (warrant) was delivered two weeks ago. We have a court date pending and I'm just gathering info. If you have something to offer in the way of aiding us chime in. If not, we'll get by.

Oh, and he already admitted he left the animal unsupervised and unleashed while they went inside for 5 minutes. That's when I came ringing the bell in complaint.

[PonchoV8]

Originally Posted by rustedgoat

I'm not sure what goes on in the court room but I would push on record, that it been established the neibors dog is not the friendly type and confinment to a caged area or ask that he puts up a small fenced in area (cheaper than the $1500) he ended up paying last time. Go on record with the court that if children are in your yard or in the neiborhood they are in danger with the dog roaming free. You are not out to have the court to destroy the dog but you simply want a safe neiborhood. If you could get a video of the dog roaming free and acting aggressively it could go a long way.

If that fails invite some of the guys over that say shoot it, they'll deal with the legal issues.

Good luck in court

The hell of it is, he has a fenced in back yard. They just decided that it was long enough and have steadily begun to allow the dog freedom again. For months it never left the back yard. Then they started walking him on a leash--all well and good. Then one Saturday the dog was untethered in the front yard and everybody was smiles and waves--because the dog was staying on their property. Then the next weekend it's in my front yard, the husband is in his back yard, the wife is on the toilet and the kitchen side door is wide open so the dog can roam free. I heard her yell to the hubby that she went inside for 5 minutes and left the dog out front--now Doug is here and says he's going to press charges. He came out asked if his wife was with the dog when it came over--Nope. Just the dog.
I told him his dog was proven vicious and had been aggressive to other pets in the neighborhood--on their own property. The dummy said that it had not been aggressive to others, "he just hates cats." Cats aren't animals?

[PonchoV8]

Originally Posted by 6704gto

call animal control.and if the owner wont keep the dog in the yard they take it

The only thing they can do is make an appoinment for me to go before the judge to swear out a warrant--that is, if they don't see the dog roaming free. Even if I have video proof, I have to be the one to push the issue.

I can't poison the dog. I just won't. I know what antifreeze does to pets and this one is sporatic at best when he comes over. It's the owner that's the problem. A shot to the head is gonna be hard. I would be justified though because the dog growls anytime I'm near him. He will attack other animals on my property too.

[1967Clone]

Originally Posted by rustedgoat

I'm not sure what goes on in the court room but I would push on record, that it been established the neibors dog is not the friendly type and confinment to a caged area or ask that he puts up a small fenced in area (cheaper than the $1500) he ended up paying last time. Go on record with the court that if children are in your yard or in the neiborhood they are in danger with the dog roaming free. You are not out to have the court to destroy the dog but you simply want a safe neiborhood. If you could get a video of the dog roaming free and acting aggressively it could go a long way.

If that fails invite some of the guys over that say shoot it, they'll deal with the legal issues.

Good luck in court

People take care of things different in the country. Legal issues, BWAHAHAHAHA, a judge around here would laugh if you brought that nonsense in front of him. He's probably tell you to shoot it too.
Of course I realize not everyone is pro gun and don't want people shooting up the neighborhood, I can understand that.