Dog shot and killed on own property by neighbor

What is the name of your state? Kansas

I could really use some help in this situation, and your input is appreciated.

I live in a very small town in Kansas, where we do not have a police department or any way to enforce laws. Although we do have a law against shooting in the city limits, the sheriff's department does not enforce city laws, and we have no local law enforcement.

The man who lives behind my property shoots his guns off his back deck on a regular basis, several times a week. Often he shoots at cats or dogs that are running loose (again, we have a leash law but no-one to enforce it). He also traps cats with live traps baited with cans of tuna fish, and then takes the cats and shoots them. He has killed many animals in the past, but has never suffered any consequences as his neighbors feel that nothing can be done, and he is never actually seen shooting the gun because he shoots from behind his house.

Three days ago my father let our dog out, a 3-year-old pure-bred Siberian Husky, to go to the bathroom and run around the yard. My father was watching out the sliding glass door on the back of our home. Approximately 1:30 a.m. my father heard shots coming from this neighbors home, and saw the dog hit. He did not actually see the man holding the gun. The shots were so loud they awoke my children in my home.

The dog had been shot twice at close range by shotgun on my own property. One of the shots literally took off his back leg. He crawled back up to the house. We took the dog to the vet, who performed emergency surgery to amputate his back leg and clean up another wound in this shoulder. During surgery he suffered a stroke due to clot, and never was able to awaken from anesthesia. The veterinary bill is 475 dollars.

When the sheriff's officer came out, he found a pool of blood with a shotgun casing near this mans back deck, and a trail of blood leading from that location to my back porch. Because of the location of the blood and shell, it was impossible for the dog to have been shot from anywhere else except this mans back porch/property. He could not arrest the man because he did not admit shooting the dog, and my father did not actually see him holding the gun.

At the time, I thought that shooting within a populated area was a state statute, but I cannot verify this anywhere and feel I may have been wrong and it is only a city law. However, the officer said even then they would not be able to arrest this man because we did not see him actually holding the gun and firing the shot.

I am a single mom with three children, and take care of my father who has emphysema, and is disabled and unable to care for himself. This dog was my father's companion animal, and he is very saddened. We do not have a lot of money for legal counsel, but I do not want to let this go. Do I have any legal recourse in this situation? Can I sue him in small claims court? Are there any organizations that can help me?

It is not about the money, it is about making my town safe for animals and children. I am scared to death that someone will be hit by a stray bullet before this man is stopped. My youngest son, who is 10, is actually scared to go outside because he is afraid he is going to be shot.

My one issue is making this man responsible for his actions as far as the dog. The other is, can I take a petition to my city council to force them to find a way to enforce the laws in my town...or can I lobby county or state government to change their laws so that shooting will be illegal in a populated area, if that is not already a part of Kansas statutes, which I do NOT at this point believe it is, so that sheriff's officers may arrest people who do this?

Im worried for my safety and my children's safety, as well as others in my town, and I want to know how to go about finding a way for laws and law enforcement officials to protect us. I own my home here and pay my taxes, and I feel that it is my right to be able to live without fear on my own property.

Thank you for any guidance you can give me.

Was the pool of blood on your property? Did the sheriff take evidence, if not can you secure evidence and or take pictures? Did they take and parafin test of your neighbor's hands to see if he had shot the gun? Is there any record of the other things you said, other neighbors to confirm the traps or bodies of killed animals? Unfortunately shotguns don't provide the same ballistics markings as a rifle making linking the shot forensically more difficult. However here are the statutes. Perhaps all the neighbors who have lost animals might take him to court?
KANSAS STATUTES
CHAPTER 21. CRIMES AND PUNISHMENTS
KANSAS CRIMINAL CODE (ARTICLES 31 TO 47)
PART II. PROHIBITED CONDUCT
ARTICLE 43. CRIMES AGAINST THE PUBLIC MORALS

21-4310. Cruelty to animals.
21-4310. (a) Cruelty to animals is:

(1) Intentionally killing, injuring, maiming, torturing or mutilating any animal;

(2) abandoning or leaving any animal in any place without making provisions for its proper care;

(3) having physical custody of any animal and failing to provide such food, potable water, protection from the elements, opportunity for exercise and other care as is needed for the health or well-being of such kind of animal; or

(4) intentionally using a wire, pole, stick, rope or any other object to cause an equine to lose its balance or fall, for the purpose of sport or entertainment.

(b) The provisions of this section shall not apply to:

(1) Normal or accepted veterinary practices;

(2) bona fide experiments carried on by commonly recognized research facilities;

(3) killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of chapter 32 or chapter 47 of the Kansas Statutes Annotated;

(4) rodeo practices accepted by the rodeo cowboys' association;

(5) the humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control, by the owner thereof or the agent of such owner residing outside of a city or the owner thereof within a city if no animal shelter, pound or licensed veterinarian is within the city, or by a licensed veterinarian at the request of the owner thereof, or by any officer or agent of an incorporated humane society, the operator of an animal shelter or pound, a local or state health officer or a licensed veterinarian three business days following the receipt of any such animal at such society, shelter or pound;

(6) with respect to farm animals, normal or accepted practices of animal husbandry;

(7) the killing of any animal by any person at any time which may be found outside of the owned or rented property of the owner or custodian of such animal and which is found injuring or posing a threat to any person, farm animal or property;

(8) an animal control officer trained by a licensed veterinarian in the use of a tranquilizer gun, using such gun with the appropriate dosage for the size of the animal, when such animal is vicious or could not be captured after reasonable attempts using other methods; or

(9) laying an equine down for medical or identification purposes.

(c) As used in this section, "equine" means a horse, pony, mule, jenny, donkey or hinny.

(d) Cruelty to animals is a class A nonperson misdemeanor.

21-4311. Cruelty to animals; custody of animal; disposition; damages for killing, when; expenses of care assessed owner, when; duty of county or district attorney.
(a) Any public health officer, law enforcement officer, licensed veterinarian or officer or agent of any incorporated humane society, animal shelter or other appropriate facility may take into custody any animal, upon either private or public property, which clearly shows evidence of cruelty to animals, as defined in K.S.A. 21-4310 and amendments thereto. Such officer, agent or veterinarian may inspect, care for or treat such animal or place such animal in the care of a duly incorporated humane society or licensed veterinarian for treatment, boarding or other care or, if an officer of such humane society or such veterinarian determines that the animal appears to be diseased or disabled beyond recovery for any useful purpose, for humane killing. If the animal is placed in the care of an animal shelter, the animal shelter shall notify the owner or custodian, if known or reasonably ascertainable. If the owner or custodian is charged with a violation of K.S.A. 21-4310, and amendments thereto, the board of county commissioners in the county where the animal was taken into custody shall establish and approve procedures whereby the animal shelter may petition the district court to be allowed to place the animal for adoption or euthanize the animal at any time after 20 days after the owner or custodian is notified or, if the owner or custodian is not known or reasonably ascertainable after 20 days after the animal is taken into custody, unless the owner or custodian of the animal files a renewable cash or performance bond with the county clerk of the county where the animal is being held, in an amount equal to not less than the cost of care and treatment of the animal for 30 days. Upon receiving such petition, the court shall determine whether the animal may be placed for adoption or euthanized. The board of county commissioners in the county where the animal was taken into custody shall review the cost of care and treatment being charged by the animal shelter maintaining the animal.

(b) The owner or custodian of an animal placed for adoption or killed pursuant to subsection (a) shall not be entitled to recover damages for the placement or killing of such animal unless the owner proves that such placement or killing was unwarranted.

(c) Expenses incurred for the care, treatment or boarding of any animal, taken into custody pursuant to subsection (a), pending prosecution of the owner or custodian of such animal for the crime of cruelty to animals, as defined in K.S.A. 21-4310 and amendments thereto, shall be assessed to the owner or custodian as a cost of the case if the owner or custodian is adjudicated guilty of such crime.

(d) Upon the filing of a sworn complaint by any public health officer, law enforcement officer, licensed veterinarian or officer or agent of any incorporated humane society, animal shelter or other appropriate facility alleging the commission of cruelty to animals, as defined in K.S.A. 21-4310 and amendments thereto, the county or district attorney shall determine the validity of the complaint and shall forthwith file charges for the crime if the complaint appears to be valid.

(e) If a person is adjudicated guilty of the crime of cruelty to animals, as defined in K.S.A. 21-4310 and amendments thereto, and the court having jurisdiction is satisfied that an animal owned or possessed by such person would be in the future subjected to such crime, such animal shall not be returned to or remain with such person. Such animal may be turned over to a duly incorporated humane society or licensed veterinarian for sale or other disposition.

21-4313. Definitions.
As used in this act , unless the context otherwise requires;

(1) "Animal" means every living vertebrate except a human being.

(2) "Farm animal" means an animal raised on a farm or ranch and used or intended for use as food or fiber.

(3) "Retailer" means a person regularly engaged in the business of selling tangible personal property, services or entertainment for use or consumption and not for resale.

(4) "Wild animal" means a living mammal or marsupial which is normally found in the wild state, but shall not include a farm animal.

(5) "Domestic pet" means any domesticated animal which is kept for pleasure rather than utility.

CHAPTER 29. FENCES
ARTICLE 4. MISCELLANEOUS PROVISIONS
RIGHTS AND LIABILITIES

29-409. Cruelty to domestic animals; damages.
If any person or corporation shall hurt, wound, kill, lame or destroy, or cause to be hurt, wounded, killed, lamed or destroyed, by running over or against, shooting, worrying with dogs, or otherwise, any of the animals mentioned in this act, when such animals are upon premises which are not enclosed with a sufficient fence as prescribed in this act, or when any such animals are upon the unenclosed premises of any such person or corporation, such person or corporation so offending shall satisfy and pay the owner of any such animal or animals full damages therefor, with costs.

The way our property is situation is...there is my property right up to his gravel driveway, and his back deck right on the other side of that one-car wide driveway. The pool of blood was right on the line right where my property and his drive way meet. The sheriff's department did not take evidence, and did not even collect the shotgun shell. However, they would testify that the saw this evidence.

I went out once the sun came up to take pictures, but during the interim the man in question went outside and dumped dampened ashes from his wood burning stove over the pool of blood and apparently retrieved the casing. I was still able to move the ashes around a bit, and get pictures of blood stained grass sticking through the ashes.

I am familiar with the statutes you showed me up there, but the officers tell me that criminally he cannot be charged because no-one actually saw him holding the gun and the gun discharge. My father is only certain the shot came from his house.

I took pictures of the property, also, that shows the shot could only have come from his back deck or right in that area, but it doesn't prove that it was him that actually shot the weapon.

My brother and his wife are both law enforcement officers in Wichita, Kansas, and when my sister-in-law asked the man some questions, he said he was (lol) "making love to his woman, and did not hear a thing".

If I was to to hire an attorney to take him to court, would I again face problems because no-one actually saw him holding the gun when it was discharged?

Also, do you have any thoughts about the petition to the city council to force them to find a way to enforce the laws here, so this man cannot randomly shoot shots off his deck where they might hit someone in this town? This town only has 168 residents....

I forgot to mention, I have the x-rays from the vet showing the shotgun pellets in the dog, and also some of the actual pellets from his body. The vet also filed a report with the sheriff's office, as she stated this was the second case she had recently from my small town.

My sister-in-law told me the reason the officers did not go to great lengths, i.e. test his hands for residue or obtain a search warrant for the gun, is because is this state they don't do that for animals, only humans? In fact, she told me that in the city where she works (which is about 50 miles from me) a dog is considered property, and if someone shoots your dog it is only considered vandalism.

Please excuse my typos...It has been three days and I am still just so upset over this..and angry that this man can just disregard the safety of everyone else in this town...and cause people such pain.

My response:

Dogs and cats are considered "personal property" all over the United States - - no different than your television, or refrigerator.

This is what happens, and what you get, when you live among "trailer trash".

Move your trailer someplace else.

IAAL

I understand what you are saying..and I have considered moving. However, it's not that easy when you are a single parent and have an ill parent...it's not easy to afford to move.

If it WAS a trailer, I would. *winks* But it's an over 100-year-old, five-bedroom renovated farm house on multiple city lots. Its a nice home. I don't feel I should be forced to leave my home and uproot my children because of someone like this man.

Also, I feel if I move, I am only leaving here to continue to do this to other people, and possibly hurt someone else. His neighbor on the other side a single mom with five children. There are children all over this town. Do one of these children have to be shot before someone does something about this?

Maybe his reference to making love was to his gun? Collect your evidnece, get the police reports from the sheriff's department, your report and the Vet's, also make a complaint that the deputy failed to collect the empty shell or take pictures, show that the neighbor intentionally tamperd with the evidence take pictures that show that it is not his usual place for dumping ashes. Get statements from anyone with knowledge, the two reports by the Vet should help. Take him to small claims court and be sure to have your child testify how scared they are to play outside because of their neighbor shooting so much, what if he had followed the dog out and was hit by some shot? Was it 00 shot? Get a metal detector and look for strays for evidence. If it can tear off a dogs leg, what could it do to a child? I have seen what it can do to an adult.

Thank you for your help. I will collect the things you mentioned, and consult an attorney.

I don't know what 00 shot is..so I can't answer that question. Im sorry.

I am getting a restraining order on Monday to at least keep this man off my property and away from my children.

He is not the "average" resident of this town. His home was given to him by his father, and he doesn't work and drinks a lot. He has had two DUIs since Christmas. I, of course, did not realize what sort of person he was when I purchased this home five years ago. His property actually borders mine on the back two lots, near my garage, and I had never met him.

A friend in law enforcement is going to do a nation-wide search on his name. I am going to get a petition and take it to the city council to try to force them to get some sort of law enforcement in this town to uphold the laws, and if that doesn't work go to the county or state to see if they laws can be changed so people where I live, and in multiple other small towns around me, can feel safe. Im not sure how to go about this, but I think I can find a way to figure it out.

I will consult an attorney on Monday. Again, thank you for your time and effort in responding to me.

Here is an example of someone going to a city council meeting asking for such an ordinance see page 5 item 15 re the penalty is for illegal discharge of firearms and there was mention of what degree but not the specific violation.
http://www.bonnersprings.org/agenda_minutes/council_minutes_042604.pdf

joannalee said:

His home was given to him by his father, and he doesn't work and drinks a lot. He has had two DUIs since Christmas.

Click to expand...

My response:

Gee, I wonder how I knew that already? How much would you care to bet that he's also a parolee?

Small towns = trailer trash.

IAAL

Thank you. I am on my work computer, and it doesn't have the capability to open that file. Let me download an Adobe reader, and I will take a look at it.

Liable,

I see what your saying, and it kind of feels like a "you should have known better" sort of thing. I don't feel I am responsible for this. I live in a small town, and I am not trash. I am educated, I have a decent job, and I have never been in any trouble. My other neighbors include ranchers, farmers, paramedics, business owners, electricians, etc.

Ironically, I moved here and bought this house to get my children away from the crime in the city where I WAS living, and also into a better school district.

As I said, I could pick up my children and my ill father and try to found a home elsewhere, but I don't feel I should have to. I feel that he should have to obey the laws...and respect my rights as an individual and a tax-paying homeowner in this town.

If I don't do anything about this, who will? Later down the road where I hear about someone being injured or killed here, I would only feel guilt that maybe if I had done something it would not have happened.

I understand your thinking and Im not trying to be rude, but I just disagree.

00 buck shot is a large slug about about the size of a very large pea, it is used by law enforcement and is considered deadly as opposed to birdshot which is about the size of mustard seeds and is not generally fatal. The vet should be able to tell you the size of the shot used on your dog. Have you thought about installing a fence?

Oh no then, it was not 00. I have some of them here...they look like small BBs. I think that the reason the damage was so severe was it was at such close range. Shooting from his deck to right across the driveway on my property where the blood pool was is...I don't know how many feet, just the width of his driveway. Also, I can't be certain if he actually was standing on the deck or actually is his driveway. The casing was directly next to this blood..only a couple inches, close enough it had the blood on it.

Yes, we have considered fencing the property...It's just that it is quite large (at least to me). It is the equivalent of about four city lots, and would require putting gates on both ends of a circle driveway etc. Translate to...a lot of money. His neighbor on the other side has fenced lot, and returned one day to find her dog shot dead on a chain in her back yard when she went to feed it. I don't know if he was guilty in that incident (although I would have assume so)..but he is in a position to shoot over the fence because his deck was elevated.

At this point, we don't have any more dogs that go outside, and our three cats, which were indoor/outdoor cats, have disappeared, so I don't have animals to worry about. Only my children and me....and others in the town.

joannalee said:

Liable,

As I said, I could pick up my children and my ill father and try to found a home elsewhere, but I don't feel I should have to. I feel that he should have to obey the laws...and respect my rights as an individual and a tax-paying homeowner in this town.

If I don't do anything about this, who will? Later down the road where I hear about someone being injured or killed here, I would only feel guilt that maybe if I had done something it would not have happened.

Click to expand...

My response:

You're a woman after my own heart! I love a woman whose "principles" come before family and personal safety, for that of herself or her children!

You go girl.

IAAL