I was charged by a growling dog today!

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  • Chase515

    Expert
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    13   0   0
    Jan 29, 2011
    765
    28
    Oxford, In
    My yard is fenced in to keep my three legged dog from wandering around the neighborhood. After waking up today I showered and dressed and headed downstairs Pete, my dog stayed in bed. I walked by the dinning room door and saw a brown blur and thought it was my dog. Thinking my wife left him out today because its was sunny.

    After making a bite to eat I walked past the dinning room door again and realized it was not my dog. I put my food down and went outside and opened the gate and yelled at the dog to get on and it left quickly. It was a medium sized lab mix. By the time I got back in my dog wanted out so I let him out. Sure enough that dog managed to get back in the fence and he was charging Pete I yelled for Pete to come in and he did but that dog almost made it in the door with him. It took a boot to the head to stop the dog. My wife and 6 month old could have come home to that.

    Now for the hard questions? I live in the center of a small town could I have shot the dog? Both entry ways to my home are inside the fence there is no going out the front and opening the gate to the fence and letting the dog out. If I had shot the dog what consequences would I face? I live really close to a library and two daycares.
     

    lovemachine

    Grandmaster
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    17   0   0
    Dec 14, 2009
    15,601
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    Indiana
    I'm confused. You said both entry doors are inside the fence. And there is no getting out the front to open the gate to your fence.

    HOW did you let the strange dog out of your fence then???
    From what you said, you did good. You were able to kick him in the head to stop him. You did not have to shoot.

    You really should find a way to prevent dogs from getting in your fence, instead of asking if you could shoot a dog next time.

    And remember, if a dog can get in, your dog could probably get out then. If that happens, what if your neighbors think your 3 legged dog is a threat, and shoot him?
     

    Chase515

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    13   0   0
    Jan 29, 2011
    765
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    Oxford, In
    I went out the side door and the dog ran to the back yard. I opened the gate and yelled for the dog to get out and it high tailed it.
     

    Mike H

    Expert
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    0   0   0
    Jan 3, 2009
    1,486
    36
    Vincennes
    Good for you for keeping your dog under control.
    If you know the dogs owner I would talk to them.
    Given the situation, I think you handled it well.
     

    abnk

    Master
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    6   0   0
    Mar 25, 2008
    1,680
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    You'd have to check your local ordinances. Without knowing the legal ramifications and where the library and daycares are in relation to your property, I'd say don't shoot unless you really fear grievious harm.

    The safest is option is to call your local police department. They love shooting dogs. :D
     

    OWGEM

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    1   0   0
    Apr 9, 2010
    974
    18
    Columbus, IN
    #1 Your subject line is misleading. You were not chased your dog was.

    #2 Why shoot the dog when you can chase it out of your yard?

    #3 Fix your fence.
     

    lon

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    4   0   0
    Apr 10, 2008
    799
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    Top, Dead Center
    My yard is fenced in to keep my three legged dog from wandering around the neighborhood. After waking up today I showered and dressed and headed downstairs Pete, my dog stayed in bed. I walked by the dinning room door and saw a brown blur and thought it was my dog. Thinking my wife left him out today because its was sunny.

    After making a bite to eat I walked past the dinning room door again and realized it was not my dog. I put my food down and went outside and opened the gate and yelled at the dog to get on and it left quickly. It was a medium sized lab mix. By the time I got back in my dog wanted out so I let him out. Sure enough that dog managed to get back in the fence and he was charging Pete I yelled for Pete to come in and he did but that dog almost made it in the door with him. It took a boot to the head to stop the dog. My wife and 6 month old could have come home to that.

    Now for the hard questions? I live in the center of a small town could I have shot the dog? Both entry ways to my home are inside the fence there is no going out the front and opening the gate to the fence and letting the dog out. If I had shot the dog what consequences would I face? I live really close to a library and two daycares.

    You should shoot the dog with the biggest gun you have...and dont quit shooting until the threat has stopped. Librarys are usually built of brick, but try not to hit the daycare.
     

    Chase515

    Expert
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    13   0   0
    Jan 29, 2011
    765
    28
    Oxford, In
    #1 Your subject line is misleading. You were not chased your dog was.

    #2 Why shoot the dog when you can chase it out of your yard?

    #3 Fix your fence.
    I was charged and that is what the subject line said. Why is my fence the problem? In 3 years Pete has only been outside the fence when I opened the gate. This dog should not be out free roaming the neighborhood! I have the right to protect my family including the family pet. Put yourself between a growling dog and your dog what would you do.
     

    lovemachine

    Grandmaster
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    17   0   0
    Dec 14, 2009
    15,601
    119
    Indiana
    I was charged and that is what the subject line said. Why is my fence the problem? In 3 years Pete has only been outside the fence when I opened the gate. This dog should not be out free roaming the neighborhood! I have the right to protect my family including the family pet. Put yourself between a growling dog and your dog what would you do.

    Why is your fence the problem? Uh, a dog, a strange dog, was able to get in. FIX the fence, and you won't have to be asking if you can shoot the dog next time.

    Your life is only in danger if you can't get away to safety. You were able to get away. Therefore, you were right in NOT shooting the dog.

    Fix your fence.
     

    PistolBob

    Grandmaster
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    4   0   0
    Oct 6, 2010
    5,388
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    Midwest US
    I would have held the dog, called the pound, and bid a tearful farewell to the animal. Why should you care more about the thing than the owner does?

    People that aren't responsible enough to keep control of their animals, shouldn't get all bent out of shape when one of them disappears.
     

    Andre46996

    Master
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    2   0   0
    Jan 3, 2010
    2,246
    36
    Hammond
    Fix the fence!!!

    Are you really that bored and looking for a chance to try some live target practice??

    Why don't you tape a target to Pete and have him roam around.
     

    PistolBob

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    4   0   0
    Oct 6, 2010
    5,388
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    Midwest US
    I was charged and that is what the subject line said. Why is my fence the problem? In 3 years Pete has only been outside the fence when I opened the gate. This dog should not be out free roaming the neighborhood! I have the right to protect my family including the family pet. Put yourself between a growling dog and your dog what would you do.


    You were far more lenient than I would have been. The dog should not have been out running loose. The owner of that dog dropped the ball, not you. I'm glad you didn't shoot it, but you certainly would have been within your rights.
     

    Ol' Wiley

    Marksman
    Rating - 0%
    0   0   0
    Mar 23, 2009
    226
    16
    Indiucky (Clark Co.)
    Best not to use deadly force unless it's absolutely necessary. You take a good chance of setting yourself up for expensive legal battles.

    There are many other ways to take care of it besides possibly shooting somebody's family pet. Call the police/animal control every time you see the dog roaming around if you feel it is a danger to the public.

    I've got a basset/fox terrier mix who absolutely must roam around. Luckily, I've got an underground fence that he is trained on that keeps him in my yard. Every once in a while the fence stops working, he figures it out and off he goes. Now he wouldn't harm a thing, but I know he'll run up to people and say "hi." It'd be a shame if someone shot my dog because they thought he was "charging them"; when in reality, he was being friendly. I'd most certainly not be happy and may take legal action against the shooter.
     

    PistolBob

    Grandmaster
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    4   0   0
    Oct 6, 2010
    5,388
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    Midwest US
    Best not to use deadly force unless it's absolutely necessary. You take a good chance of setting yourself up for expensive legal battles.

    There are many other ways to take care of it besides possibly shooting somebody's family pet. Call the police/animal control every time you see the dog roaming around if you feel it is a danger to the public.

    I've got a basset/fox terrier mix who absolutely must roam around. Luckily, I've got an underground fence that he is trained on that keeps him in my yard. Every once in a while the fence stops working, he figures it out and off he goes. Now he wouldn't harm a thing, but I know he'll run up to people and say "hi." It'd be a shame if someone shot my dog because they thought he was "charging them"; when in reality, he was being friendly. I'd most certainly not be happy and may take legal action against the shooter.

    I understand where you are coming from. I too own a docile, goofy little dog that I love as much as one of my kids...but I make sure it doesn't get out of my yard. Ever. Unless I am walking her on a leash, she's bound to the house or the back yard.

    Keeps the neighbors happy, keeps her healthy, and keeps me from having to do stupid things.

    In Indiana, in most cities and towns, if your dog is off your property and unattended, then killing it is within the letter of the law. You might get PO'd about it but the bottom line is the owner is responsible for keeping the animal leashed or contained. I doubt you'd have any legal recourse. Good luck trying though. Your dog can't read, and has no concept of what the law says...so do it a favor, and don't let it roam the streets.
     

    Ol' Wiley

    Marksman
    Rating - 0%
    0   0   0
    Mar 23, 2009
    226
    16
    Indiucky (Clark Co.)
    Just follow the letter of the law.

    IC 35-46-3-12
    A person who knowingly or intentionally kills a domestic animal without the consent of the owner of the domestic animal commits killing a domestic animal, a Class D felony.
    (e) It is a defense to a prosecution under this section that the accused person:
    (1) reasonably believes the conduct was necessary to:
    (A) prevent injury to the accused person or another person;
    (B) protect the property of the accused person from destruction or substantial damage; or
    (C) prevent a seriously injured vertebrate animal from prolonged suffering
     

    PistolBob

    Grandmaster
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    4   0   0
    Oct 6, 2010
    5,388
    83
    Midwest US
    Just follow the letter of the law.

    IC 35-46-3-12
    A person who knowingly or intentionally kills a domestic animal without the consent of the owner of the domestic animal commits killing a domestic animal, a Class D felony.
    (e) It is a defense to a prosecution under this section that the accused person:
    (1) reasonably believes the conduct was necessary to:
    (A) prevent injury to the accused person or another person;
    (B) protect the property of the accused person from destruction or substantial damage; or
    (C) prevent a seriously injured vertebrate animal from prolonged suffering

    Looks about right. So if he HAD shot the dog, he would have been justified under e1B...I'm glad it didn't have to come to that.
     
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