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Dog shot in Monroe park during dog fight

BigDave

BigDave

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olypendrew wrote:
Police told The Daily Herald of Everett the owner of a golden retriever was trying to protect it Tuesday from being attacked by two bulldogs. The 44-year-old Sultan man, who has a concealed weapons permit, was hitting one of the bulldogs with the gun when it fired.

Police say the shooting apparently was an accident, but the Snohomish County prosecutor's office will decided whether to charge the man.

The wounded bulldog underwent surgery and is expected to recover. The retriever had bite injuries to the face and neck.

http://seattletimes.nwsource.com/html/localnews/2011795907_apwamonroedogshooting.html?syndication=rss



I bet this guy was glad he had a gun in a park. I'm not clear on why/how this was accidental; maybe he claimed he was just pistol whipping the dog, and the gun "went off." But even if the prosecutor believes he shot the dog on purpose, I don't see anything wrong with a dog owner shooting other dogs that attack his pet, assuming his pet is on-leash and under control, and the other dogs are running loose.
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I find this topic disturbing as I do have a little Shih Tzu all 10 lbs soak and wet. And if he was attacked I am not so sure I could resist in putting down an attacking dog.

I am not saying this would be an easy legal battle but one that I would consider taking.
RCW 16.08.020 Dogs injuring stock may be killed.

It shall be lawful for any person who shall see any dog or dogs chasing, biting, injuring or killing any sheep, swine or other domestic animal, including poultry, belonging to such person, on any real property owned or leased by, or under the control of, such person, or on any public highway, to kill such dog or dogs, and it shall be the duty of the owner or keeper of any dog or dogs so found chasing, biting or injuring any domestic animal, including poultry, upon being notified of that fact by the owner of such domestic animals or poultry, to thereafter keep such dog or dogs in leash or confined upon the premises of the owner or keeper thereof, and in case any such owner or keeper of a dog or dogs shall fail or neglect to comply with the provisions of this section, it shall be lawful for the owner of such domestic animals or poultry to kill such dog or dogs found running at large.
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A domestic animal is an animal that can live with Human. Such as dogs, cats, rats, snakes, lizards, turtles, ect A domesticated animal is any animal that depends on a human for food, water and shelter this includes farm animals such as cattle, horses, sheep, etc... as well as dogs and cats and other house pets.
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Drew what is your take on this RCW, dog off leash and attacking your pet, would this be considered a dog running at large? and with in the guidelines of the above RCW?
 
sudden valley gunner

sudden valley gunner

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olypendrew wrote:
Dave, I can't really answer that sort of direct question on an internet forum without possibly exposing myself to liability.
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Yet if you are astute enough you can gather how you mightpersonally feel from your original post. LOL.

;)
 
Dave_pro2a

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BigDave wrote:
on any real property owned or leased by, or under the control of, such person, or on any public highway,
Click to expand...

So this RCW can only be used (as a defense of action)on:

  • Real property belonging to the victim (victim = the person defending their livestock or domestic animal from attack).
  • Leased property, under the victims name.
  • Property under direct control of the victim (i.e. housesitting).
  • A public highway.
How does the state, or case law,define "public highway." Is that only a State Route / State Highway... or is it any public road?

I doubt it would apply to a dog park, but I'd be curious if it applied to an 'ordinary,' residential road. Maybe the last part "running at large" would cover any public road / public property?
 
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