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Roanoke cop shoots and kills dogs

peter nap

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Here we go again:uhoh:

images
 

Marco

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Greene County
http://www2.timesdispatch.com/news/...ficer-shoots-kills-2-pit-bulls-bi-ar-1559756/

Would you have stopped and shot the dogs if you were driving by?

I'm not sure we wouldn't be charged for some crime in addition to being liable to the dog's owner.

What would make you believe that?



Right to Self-defense and Defense of Others​
Foster v. Commonwealth, 13 Va. App. 380, 385, 412 S.E.2d 198, 201-02 (1991) .
[SIZE=+1]"The Supreme Court has clearly recognized that one is privileged to use force in defense of family members. See Newberry v. Commonwealth, 191 Va. 445, 459, 61 S.E.2d 318, 324 (1950); Green v. Commonwealth, 122 Va. 862, 871, 94 S.E. 940, 942 (1918); Hodges v. Commonwealth, 89 Va. 265, 272, 15 S.E. 513, 516 (1892). We find no Virginia cases, nor have any been cited to us, determining whether and when a person can use force to protect or defend a third person. Generally, however, this privilege is not limited to family members and extends to anyone, even a stranger who is entitled to claim self-defense. See 40 Am.Jur.2d Homicide § 170 (1968); In re Neagle, 135 U.S. 1, 75-76, 10 S.Ct. 658, 672, 34 L.Ed. 55 (1890); State v. Saunders, 175 W.Va. 16, 330 S.E.2d 674, 675, 76 (1985); Yardley v. State, 50 Tex.Crim. 644, 100 S.W. 399, 400 (1907); State v. Bowers, 65 S.C. 207, 210-14, 43 S.E. 656, 657-58 (1903); Stanley v. Commonwealth, 86 Ky. 440, 440-45, 6 S.W. 155, 155-57 (1887); Mitchell v. State, 22 Ga. 211, 234 (1857). Like self-defense, the circumstances in which the protection of others may be raised as a defense are carefully circumscribed so as to preclude such a claim in situations where one has instigated the fray in order to provide an excuse for assaulting or murdering his enemy. In a majority of jurisdictions, a person asserting a claim of defense of others may do so only where the person to whose aid he or she went would have been legally entitled to defend himself or herself. 40 Am.Jur.2d Homicide § 171 (1968)." [/SIZE]
Lynn v. Commonwealth, 27 Va. App. 336, 499 S.E.2d 1 (1998).
[SIZE=+1]"Self-defense and defense of others are affirmative defenses for which the accused has the burden of persuading the fact finder that he or she acted in defense of self or another to the degree necessary to raise a reasonable doubt about his or her guilt. See Smith, 17 Va. App. at 71, 435 S.E.2d at 416; Foster v. Commonwealth, 13 Va. App. 380, 385, 412 S.E.2d 198, 201-02 (1991) (recognizing defense of others "is commensurate with self-defense"). Although undisputed facts may establish self-defense as a matter of law, see, e.g., Hensley v. Commonwealth, 161 Va. 1033, 170 S.E. 568 (1933), whether the accused establishes that he or she acted in either respect is generally a question of fact. See Yarborough v. Commonwealth, 217 Va. 971, 979, 234 S.E.2d 286, 292 (1977)...[/SIZE]
[SIZE=+1][SIZE=+1]"[A] person asserting a claim of defense of others may do so only where the person to whose aid he or she went would have been legally entitled to defend himself or herself." Foster, 13 Va. App. at 385, 412 S.E.2d at 201 (citing with approval 40 Am. Jur.2d Homicide § 171 (1968)). Thus, one may be justified in using deadly force to defend another person where he or she reasonably believes that the person defended faces an imminent threat of serious bodily harm or death and that such person was not at fault in bringing about the necessity to use the deadly force. See Foster, 13 Va.App. at 385-86, 412 S.E.2d at 201-02; see also 1 Wayne R. LaFave, Substantive Criminal Law § 5.8 (1986)."[/SIZE]
[/SIZE]
[SIZE=+1][/SIZE]
 

skidmark

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Valhalla
Just going by the news report, I see nothing wrong with what the officer did.....

Not only was there no "dynamic entry", there was no search warrant to be served. Cop had absolutely no business shooting dogs unless .... [/sarcasm]

Oh! The dogs were actually biting the woman and had dragged her to the ground.

Although it is somewhat puzzling why the reportologist did not include a description of the wounds suffered. Guess they got all wrapped up in making sure everybody knows the hero was a cop. (Not knocking him. Actually glad he happened along and was able to intervene without causing more injury.)

stay safe.
 

Steeler-gal

Regular Member
Joined
Oct 29, 2011
Messages
560
Location
Fairfax County, VA
Are we being baited?
I HATE to see dogs shot or injured, but if it’s a choice of a dog’s life over a human, then the dog must go. I see nothing wrong with what the officer did.
 

ChinChin

Regular Member
Joined
May 17, 2007
Messages
683
Location
Loudoun County, Virginia, USA
http://www2.timesdispatch.com/news/...ficer-shoots-kills-2-pit-bulls-bi-ar-1559756/

Would you have stopped and shot the dogs if you were driving by?

I'm not sure we wouldn't be charged for some crime in addition to being liable to the dog's owner.

I fail to see an issue in the shooting of the dogs. Virginia permits for use of deadly force in defense of the life of another if the shooter feels that person is in imminent danger of death and or grievous injury. The dogs were not on a leash (VA has a leash law), the dogs had taken the woman to the ground and persisted in the attack.

Were I in that same situation I would have taken the same action as the office, and I would have welcomed the owner of the dogs coming forward. In addition to the charges they'd be facing for the dogs being off the leash and the attack on the woman and being criminally responsible for their actions (not to mention being liable to the woman for her pain, suffering and hospital bills) I'd want to be reimbursed for having to waste +p+ rounds on the dogs.
 

Baked on Grease

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Jul 4, 2011
Messages
629
Location
Sterling, Va.
Not only was there no "dynamic entry", there was no search warrant to be served. Cop had absolutely no business shooting dogs unless .... [/sarcasm]

Oh! The dogs were actually biting the woman and had dragged her to the ground.

Although it is somewhat puzzling why the reportologist did not include a description of the wounds suffered. Guess they got all wrapped up in making sure everybody knows the hero was a cop. (Not knocking him. Actually glad he happened along and was able to intervene without causing more injury.)

stay safe.

It looked like a flash report. Get the info out there as fast as possible so they can say "First!"

My first instinct does tell me that a double standard would be applied if one of us were to do the same, but near the end it says he will be under internal investigation. So maybe we'd get drummed up on charges, maybe not. From the little we can tell from the report it does seem to be justified defense of another.

Glad to know the lady is safe.

Wonder why he violated policy... Police have no responsibility for protection of an individual.... So if the lady was on her own property should he have waited till they left her property and THEN became a threat to the community? (sarcasm and facetiousness)

Sent using tapatalk
 

peter nap

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cite???????

I'll save you the trouble Chinchin. Virginia does NOT have a leash law. It does allow localities to impose one if they wish.

Just trying to keep the information correct. (I needed to get fresh popcorn anyway:lol:)
 

ChinChin

Regular Member
Joined
May 17, 2007
Messages
683
Location
Loudoun County, Virginia, USA
cite???????

As you wish. I grant you that my words were chosen poorly. Should have said "county" as opposed to claiming VA as a whole. Good catch.


Roanoke County Code of Ordinances
Sec. 5-28. - Running at large—Prohibited.

(a) It shall be unlawful for the owner of any domestic or feral dog, exotic or poisonous animal or exotic bird or poultry to permit such domestic or feral dog, exotic or poisonous animal or exotic bird or poultry to run at large in the county at any time during any month of the year.
(b) This section shall not apply to a companion animal engaged in lawful hunting in open season or when being trained or exercised and accompanied by its owner or custodian or under the immediate control of its owner or custodian.

Definitions:
To run at large: A domestic or feral dog, exotic or poisonous animal or exotic bird or poultry shall be deemed to run at large while roaming, running or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control.

Companion animal: Any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.
 
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Neplusultra

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Christiansburg, Virginia, USA
Skidmark, when seconds count the cops are only minutes away! Well, except in this one case. But of course she probably would not have been bitten at all if she'd had her own gun.....

Did you notice the one and only comment in the article :^). Just funnin' ya Glockfan....
 
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Neplusultra

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Christiansburg, Virginia, USA
Here we go again:uhoh:

images

I've been on this forum for four years. In that time I've noticed a shift in the old folks towards the "grumpy old man" syndrome. But I guess this may only be the result of being tired of seeing the "Been there, done that, seen the results" paradigm :^). (you will notice my old school smiley instead of using the icon smiley)
 

peter nap

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I've been on this forum for four years. In that time I've noticed a shift in the old folks towards the "grumpy old man" syndrome. But I guess this may only be the result of being tired of seeing the "Been there, done that, seen the results" paradigm :^). (you will notice my old school smiley instead of using the icon smiley)

No, not really grumpy Nep.
I just know sooner or later someone, probably from North of Ashland or parts thereabouts and probably with less than 30 posts who is only OCing until he gets old enough to get his CHP....will give the OCDO version of Nestors famous quote in Tremors:

  • 00:43:38 ...and the lines are down. - That's how it works.
  • 00:44:01 - "Suckoids." - "Oids." I like "snakeoids."
  • 00:44:06 One of them comes near me and I'll hit him with a five-pound pickax. That's what I'll do!
  • 00:44:10 You don't understand. They come up from the ground and grab you.

This thread is Deja Vu.

:lol:
 
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Neplusultra

Regular Member
Joined
Sep 7, 2007
Messages
2,224
Location
Christiansburg, Virginia, USA
No, not really grumpy Nep.
I just know sooner or later someone, probably from North of Ashland or parts thereabouts and probably with less than 30 posts who is only OCing until he gets old enough to get his CHP....will give the OCDO version of Nestors famous quote in Tremors:

•00:43:38 ...and the lines are down. - That's how it works.
•00:44:01 - "Suckoids." - "Oids." I like "snakeoids."
•00:44:06 One of them comes near me and I'll hit him with a five-pound pickax. That's what I'll do!
•00:44:10 You don't understand. They come up from the ground and grab you.


This thread is Deja Vu.

:lol:


Somebody makes a five-pound pick axe??? I don't know, just sayin' I've never seen one.....
 

taurusfan

Regular Member
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Feb 27, 2007
Messages
307
Location
Richmond, ,
I would have stopped and kicked the crap out of the dogs to end the attack but honestly, I've never had to deal with flesh eating dogs, maybe sometimes, you have to shoot them.

The worst dog related thing that ever happened to me was walking my dog in Central Park in NYC, another large dog off leash came over and attacked mine for no reason at all.

I gave it a huge kick in the chest but not with the point of my foot 'cause I didn't want to kill it. Damn right it went away.
 
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