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Simply....unbelievable -

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stealthyeliminator

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Didn't the police chief make a statement, something like "as is often the case with these sort of videos... they don't tell the whole story" And just when you thought your head was back together, it explodes again.

The cop (attempted to) murder[strike]ed[/strike] the dog. Nothing less. He's a disgusting excuse for a human being.
 
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WalkingWolf

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This appears to be like the Crawford case, officer just taking the word of a dispatcher who took the word of a caller. The dogs did not appear to be dangerous, had they actually had bites involved I could understand it, or if the officer had seen the dogs cornering somebody. But it does not seem to be the case in this instance.
 

Grapeshot

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This may come under cruelty to animals, or distruction of property, but do not see murder as being a serious consideration.

Can someone cite a relevant statute or ordinance, please.
 

stealthyeliminator

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Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (a) In this section:

(1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.

(2) "Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.

(3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.

(4) "Custody" includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal.

(5) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code.

(6) "Livestock animal" has the meaning assigned by Section 42.09.

(7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health.

(8) "Torture" includes any act that causes unjustifiable pain or suffering.

(b) A person commits an offense if the person intentionally, knowingly, or recklessly:

(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;

(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal;

(3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody;

(4) abandons unreasonably an animal in the person's custody;

(5) transports or confines an animal in a cruel manner;

(6) without the owner's effective consent, causes bodily injury to an animal;

(7) causes one animal to fight with another animal, if either animal is not a dog;

(8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or

(9) seriously overworks an animal.

(c) An offense under Subsection (b)(3), (4), (5), (6), or (9) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09. An offense under Subsection (b)(1), (2), (7), or (8) is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09.

(d) It is a defense to prosecution under this section that:

(1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code; or

(2) the actor was engaged in bona fide experimentation for scientific research.

(e) It is a defense to prosecution under Subsection (b)(2) or (6) that:

(1) the animal was discovered on the person's property in the act of or after injuring or killing the person's livestock animals or damaging the person's crops and that the person killed or injured the animal at the time of this discovery; or

(2) the person killed or injured the animal within the scope of the person's employment as a public servant or in furtherance of activities or operations associated with electricity transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery.

(f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful:

(1) form of conduct occurring solely for the purpose of or in support of:

(A) fishing, hunting, or trapping; or

(B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or

(2) animal husbandry or agriculture practice involving livestock animals.

(g) This section does not create a civil cause of action for damages or enforcement of the section.

----------------------------------
Under Health and Safety Code,
(4) "Dangerous wild animal" means:

(A) a lion;

(B) a tiger;

(C) an ocelot;

(D) a cougar;

(E) a leopard;

(F) a cheetah;

(G) a jaguar;

(H) a bobcat;

(I) a lynx;

(J) a serval;

(K) a caracal;

(L) a hyena;

(M) a bear;

(N) a coyote;

(O) a jackal;

(P) a baboon;

(Q) a chimpanzee;

(R) an orangutan;

(S) a gorilla; or

(T) any hybrid of an animal listed in this subdivision.
 

Primus

Regular Member
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Messages
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Location
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Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (a) In this section:

(1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.

(2) "Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.

(3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.

(4) "Custody" includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal.

(5) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code.

(6) "Livestock animal" has the meaning assigned by Section 42.09.

(7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health.

(8) "Torture" includes any act that causes unjustifiable pain or suffering.

(b) A person commits an offense if the person intentionally, knowingly, or recklessly:

(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;

(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal;

(3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody;

(4) abandons unreasonably an animal in the person's custody;

(5) transports or confines an animal in a cruel manner;

(6) without the owner's effective consent, causes bodily injury to an animal;

(7) causes one animal to fight with another animal, if either animal is not a dog;

(8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or

(9) seriously overworks an animal.

(c) An offense under Subsection (b)(3), (4), (5), (6), or (9) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09. An offense under Subsection (b)(1), (2), (7), or (8) is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09.

(d) It is a defense to prosecution under this section that:

(1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code; or

(2) the actor was engaged in bona fide experimentation for scientific research.

(e) It is a defense to prosecution under Subsection (b)(2) or (6) that:

(1) the animal was discovered on the person's property in the act of or after injuring or killing the person's livestock animals or damaging the person's crops and that the person killed or injured the animal at the time of this discovery; or

(2) the person killed or injured the animal within the scope of the person's employment as a public servant or in furtherance of activities or operations associated with electricity transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery.

(f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful:

(1) form of conduct occurring solely for the purpose of or in support of:

(A) fishing, hunting, or trapping; or

(B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or

(2) animal husbandry or agriculture practice involving livestock animals.

(g) This section does not create a civil cause of action for damages or enforcement of the section.

----------------------------------
Under Health and Safety Code,
(4) "Dangerous wild animal" means:

(A) a lion;

(B) a tiger;

(C) an ocelot;

(D) a cougar;

(E) a leopard;

(F) a cheetah;

(G) a jaguar;

(H) a bobcat;

(I) a lynx;

(J) a serval;

(K) a caracal;

(L) a hyena;

(M) a bear;

(N) a coyote;

(O) a jackal;

(P) a baboon;

(Q) a chimpanzee;

(R) an orangutan;

(S) a gorilla; or

(T) any hybrid of an animal listed in this subdivision.
Look at (e) (2). Exempt.
 

davidmcbeth

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Didn't the police chief make a statement, something like "as is often the case with these sort of videos... they don't tell the whole story" And just when you thought your head was back together, it explodes again.

The cop (attempted to) murder[strike]ed[/strike] the dog. Nothing less. He's a disgusting excuse for a human being.

Videos don't lie either chief ...

Get the shovel out !
 

Primus

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"Within the scope of the persons employment as a public servant...."

They were called by citizens at this location in regards to these dogs being aggressive. I do NOT agree he should be calling the puppy over to shoot it. That's not right. But the report also says the very same dog had someone "pinned down".

I don't know I wasn't there. And the video shows a very small portion of the incident. Per usual....
 

stealthyeliminator

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Messages
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Location
Texas
"Within the scope of the persons employment as a public servant...."

They were called by citizens at this location in regards to these dogs being aggressive. I do NOT agree he should be calling the puppy over to shoot it. That's not right. But the report also says the very same dog had someone "pinned down".

I don't know I wasn't there. And the video shows a very small portion of the incident. Per usual....

The exception [defense to prosecution] only applies to violations of b2 and b6. The violation is b1.
 
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scouser

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Messages
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Location
804, VA
yeah, there's some scum out there with no regard for people's pets and they hide behind a badge. There's one in Henrico, VA I can name, but there's already plenty of people on this forum who know his name. I witnessed his act of cruelty to a domestic animal in person and the smug "and what are you gonna do about it" look on his face afterwards. Try convincing me you can't see a black cat on a cream colored quilt.

As for the "you don't know the whole story" BS, well show us the WHOLE story or S T F U !!
 
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stealthyeliminator

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Messages
3,100
Location
Texas
How was it torture? He shot it with GBE intent to kill it.

I'm trying not to be an *******... But seriously, I'm not going to help you read the statue step by step. I admit, with the formatting and indentions lost, it's a little harder to follow along at a glimpse, but just ******* put in some effort.

This is your last freebee. First, torture is clearly defined. For the purposes of the statute the word torture means exactly and only what is defined in the definitions section, nothing else that you've ever known about the word matters. Secondly, to be in violation of b1 you need not have tortured the animal - see the word 'or' within b1

Sorry if I failed to avoid being an *******. But when something is clear and I see someone sayings stuff that might lead someone else to false conclusions it makes me a little mad.
 
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J_dazzle23

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Messages
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At some point I wonder if people will stop trying to legally justify the Immoral and ethically f"#ked up $ hit they do.....

Just because something may be found legally justified doesn't mean you moral compass points to anywhere but true north (and visa versa for that matter)
 
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