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.
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.
