unjust

[edteach]

What is the name of your state?michigan
About oct. 14th, I was woke up by my cat fighting in my yard.[I live on 72 acres. and sold 6 of what was my 80 and the old farm stead to a nurse about 900f away, we have a shard easement.] I have had a problem with one of her three dogs digging on my renters land. I let it ride for 2 years and then called animal control when I wrote three letters asking her to stop letting her dog dig and that I was not going to take her to court for damages but would if she did not.
she started to keep the middle dog [Maggie] tied up, and the others I never had any problem with, my renter told me that it was this Maggie that was digging. and Maggie was the one that was always chasing my car in and out of the drive and nipping at me and the wife's feet when we rode bikes across the easement.
Well back to the main problem, I thought my cat was fighting with a coon, we have a coon problem here, and the local dnr says that a person having a problem with nuisance coons can take them by hunting or trapping means with out a lisc. all year.
I grabbed my 22, that I keep loaded with cb's, for those that do not know what that is it is a 22 that has 1/2 charge of powder, I use them so as not to risk rico. and damage my car, home, barn or any one else's.
My home has 3 sides with flood lights, and one side the porch side with just a carriage light, it does not give off much light and if you are standing on the porch you have a dark spot on the south side of the house. well I can make out by sound and sight my cat,[his has a lot of white on him] I yelled and the cat ran toward the porch and went under the porch, the animal I thought was a coon just growled, I thought coon, rabid? I pointed the gun and fired, it was not a coon,but my neighbors little coon sized dog yorkie, it yelped and ran home or part way home, My neighbor called the police, and when they arrived I showed them the gun the ammo, and the shadow area and where the dog was.
The said that they usually take the gun but there was no intent so they did not, I told the police that she was probably very up set and that if they could tell her I was sorry.

The next day I started a claim for insurance with my liab. insurance company, and told them to start but wait till some one contacted me with damages.
I was contacted a month later but not for damages, one of the officers that initially came to do the investigation, had an arrest warrant to execute.
He hung his head and said, I am very sorry for ruining your night, but I have to do this, He also said we were all very shocked to see this come through.
My wife heard a couple of officers saying that they were shocked that this went to what it did.
I was charged with 2 counts, the first is mcl 750.337 malicious destruction of personal property, over 50 but not 2000 the second is mcl 752.862 careless discharge of firearm resulting in property damage.
I have hired an attn. and he laughed when he saw it.
I checked the animal control act of 1919 and she was illegal by not having her dog under her direct control at all times.
The animal control officer said that I had the right to kill the dog, but now after his boss, the pa, has filed charges he has backed off and said that well the cat was not in danger as he went under the porch.
I can not believe that this is happening, and my real-estate lisc. and for sure my ccw will go by by if any of these two are convictions. any ideas will be helpful.

[seniorjudge]

Cut this in half.

Leave out editorial comments.

Ask three questions.

Use paragraphs.

[thepenster060]

my advise is next time you fire a weapon, know what you are shooting at.

[smutlydog]

buy yourself some glasses

[Kane]

Just hire the lawyer. You'll be fine.

You shouldn't be shooting at things you can't see, and you shouldn't be shooting people's pets. And not just because of the law. Some people, you shoot their dog, you might as well have shot their kid.

Btw, what if it had been a kid, picking up a cat that didn't want to get picked up? It's stupid to shoot things you can't see. Really, it's argument #227 for gun control.

[edteach]

Well I can see that some in here are form the city, in north michigan things are a little different, the 1919 michigan dog law, states that a dog on private property harassing or even worring a stock animal you have the right to kill it.
so if it were a duck and not a cat, I could have stomped it to death, also in mich, north we are a mostly hunting oriented group. I dont think the PA has a chance in hell of getting a jury to all 12 agree that I did anything wrong. and if any of you lived in the rurals you would know what coons do.
It could have not been a kid, when I say could not see, I mean tell the diff. between the yorky and a coon, they are the same size and color. Yorky's are a terrior, and as such are a tanachious critter.
Why would I shoot a coon when my cat was on top or bottom of it, I called to scar off one or the other, the cat ran and the what I thought coon was not backing down, the attack had not ended, If you park your truck tresspassing on my property and I shoot at a deer and hit your truck should one be held for destroying private property?
If you dress in brown and ram through the wood on nov. 15th in north michigan at dusk and some one shoot you, do you think you were doing nothing wrong to get shot at? why does the dnr have a 60% hunter orange law here?
if the PA is an idiot and wants to go the whole 9 yards, then I am sure the first count will be thrown out by the judge, the second I cant imagin getting any but not more than a couple of anti gun anti hunting types. this is not cal, mass, or new york. this is north michigan where hunting is a way of life. and a local national holliday.
Your two word blogs do not show me anything from a different point of view.
They show me a bias, and I bet you are form cal or one of the liberal states. surly not texas. where one can shoot and kill a human for stealing your car sterio. in michigan you would do life. but in texas, dont screw around. that is the reason that new york and dc. have out of control criime. you liberals do all but ask them to do crime.

[thepenster060]

so you seem to know so much about the laws in your state, but yet you come here asking for help? as per your remarks, you need to grow up. you will get no help after that post**************...... signed a proud conservative and registered republican

[Kane]

Have fun stomping small animals to death, and shooting up people's cars. (And voting for Bush.)

[CdwJava]

Originally Posted by edteach

Well I can see that some in here are form the city, in north michigan things are a little different, the 1919 michigan dog law, states that a dog on private property harassing or even worring a stock animal you have the right to kill it.

Well, I'm in the country in the middle of hunting country (and duck and deer season at the moment) and I agree with those who say that if you can't identify your target you have no business shooting at it. I also find it hard to believe you can confuse a Yorkshire terrier for a raccoon. Usually when I hear that kind of story it's accompanied by a knowing wink.

Yes, the other dog should not have been on your property. And even if that gave you the legal right to shoot it (which is questionable), all because you CAN shoot it does not mean that you SHOULD do so.

You're likely right that a jury may not convict you. However, if this is filed in such a way as to remove jail time, then you will have to argue to a judge and NOT a jury. So your tale may not ring so truthful before a judge as it might before a juror or three.

It could have not been a kid, when I say could not see, I mean tell the diff. between the yorky and a coon, they are the same size and color. Yorky's are a terrior, and as such are a tanachious critter.

I have seen both - in light and dark - and unless your eyes are truly messed up I cannot see how you mistook one for the other.

Heck, if the law allows you to shoot a stray on your property harassing your pet, then why not just argue that?

If you park your truck tresspassing on my property and I shoot at a deer and hit your truck should one be held for destroying private property?

Whether one SHOULD or not has little to do with the law ... chances are you WOULD be held at least civilly liable for such a reckless discharge.

if the PA is an idiot and wants to go the whole 9 yards, then I am sure the first count will be thrown out by the judge, the second I cant imagin getting any but not more than a couple of anti gun anti hunting types. this is not cal, mass, or new york. this is north michigan where hunting is a way of life. and a local national holliday.

Wow! You could be describing the CA north state! The whole state is not along the coast and a bunch of city dwellers. A good many of us live in the country and in rural environments ... likely more than in your state. The same likely holds true of northern New York.

Will the charges stand? I couldn't say - I am not familiar with the case law surrounding the sections you cited.

However, I can say that shooting at something you can't identify is a dumb move ... and arguing that that you mistook a yapping Yorkie for a raccoon is laughable.

They show me a bias, and I bet you are form cal or one of the liberal states.

My part of California voted conservative almost three to one ... a tad higher than your state. And as a country-livin', corn-fed conservative Christian good ol' boy, I have to say I think your worn out and incorrect generalizations are entertaining but do nothing to counter the arguments inferred by the other posters.

If it doesn't go to court - good for you. If it does, well, good luck arguing the Yorkie - Raccoon description.

- Carl

[Motherto6]

OP ~ If you have Coon's that are about the same size as a Yorkie, then you don't have REAL coons! Those things are huge!!! I agree with your Attorney though, and would not worry about this too much. Since you have his counsel, I would just direct questions to him, because many people will not be sympathetic to a dog being shot. I am not cold hearted about animals, I just realize that things happen. I had a Rottie on several acres. One night she got loose and got into some poison on someone else's land that had been left out for coyotes. I was heart broken (and $550 poorer), but realized that if I had secured her pen better, she would still be alive. My fault, not the persons with the poison out. It is always easier to blame others for your own mistakes, but takes a grown up to realize the role you play. Perhaps if you would have sent her a letter of apology and some flowers it never would have escalated to this.
Kane ~ Let's leave politics and Bush bashing out of this forum. I would dare say that he has been handed way more adversity during his Presidency than any other President to date. I realize that the OP brought up being liberal, but you don't have to respond to that. Let's leave this a legal forum and not a political debate.

From a country-livin', corn fed, conservative Christian, good ol' GAL!!!

[edteach]

I have seen coons come in all sizes, in fact I have trapped and shot them from the size of two fists, to 30#, a yorky in the shadows fighting with my cat can look in the split second you have to decide weather or not to shoot, can look just like what you have in your mind you are looking for.
If is looks like a duck.
I would have sent her a letter but I was told to wait by our mutual friend.
He told me to wait for her to let me know how much I owed her.
I did contact the insurance adjuster the very next day, Well we will see if the pa is going to work things our or go for whole ten yards.
I would have just worked it all out with the dog owner from the beginning but she called the police in with in min. of the incident.
She has been pushing the pa to press charges.
I have also been getting est. on repairing my lawn. I will sue in small claims court for damages to my lawn, if this goes all the way.
I may loose my ccw in Michigan but I am moving to Arkansas, and they give them to any one who does not have a felony, so I will be packing one way or another.
by the way for those who say you should ID your target and know what you are shooting, you are a cop, like the cops in NY that shot the black guy 41 times for pulling a comb? you guys are gooood. I have no use for cops. small pp's with a badge

[CdwJava]

Originally Posted by edteach

I have seen coons come in all sizes, in fact I have trapped and shot them from the size of two fists, to 30#, a yorky in the shadows fighting with my cat can look in the split second you have to decide weather or not to shoot, can look just like what you have in your mind you are looking for.

Your cat was no longer threatened by the raccoon as it ran away ... you could have waited instead of firing wildly into the dark.

And I still have serious doubts that you could mistake the two unless you were a complete moron - and I doubt you are.

I did contact the insurance adjuster the very next day, Well we will see if the pa is going to work things our or go for whole ten yards.

My guess is that the market value of the dog is all that can be assessed - at least out here. I do not beleive that "pain and suffering" can be assessed to the damages for a dog.

I would have just worked it all out with the dog owner from the beginning but she called the police in with in min. of the incident.
She has been pushing the pa to press charges.

I'm not surprised. This is what pet owners do.

We had a case here where a resident let their 5 cats run free and one got into a neighbors' workshop ... he claimed he thought it was a rat so he shot it with a crossbow. The cat managed to get back home with the bolt in it before it died. We got called and had to investigate, and he got charged with cruelty to an animal as well as unlawful discharge of a bow within the city limits. He got DA diversion (aka a stern counseling with the DA and discussion of bow hunting). I don't believe for a moment he thought it was a rat, but he is "officially" sticking with that story ... though I have good cause to believe this is not the case.

by the way for those who say you should ID your target and know what you are shooting, you are a cop, like the cops in NY that shot the black guy 41 times for pulling a comb? you guys are gooood. I have no use for cops. small pp's with a badge

Cute.

Oh ... and it was a wallet, not a comb. And he wasn't shot for pulling out either a wallet OR a comb - there was more to it. Tragic, yes. But at least they did ID their target.

- Carl

[Jack_David]

Personally if some stanger's or neighbor's dog were attacking one of my pets I would have little problem with killing it.

However I would definately tell people the authorities that I thought it was dangerous and felt in danger for my safety and that of my loved ones.

[CdwJava]

Originally Posted by Jack_David

Personally if some stanger's or neighbor's dog were attacking one of my pets I would have little problem with killing it.

However I would definately tell people the authorities that I thought it was dangerous and felt in danger for my safety and that of my loved ones.

That's the honest approach. And while I might do the same, I doubt I'd fire a weapon into the unknown black of the night after my pet was already safe.

- Carl