Sheriff Backed Over Dog, Got Out To See What He Hit, Then Fled!!!

[CdwJava]

We will not be filing any complaint with the Sheriff's office, because we have no legal eagle who truly has our back, and we fear reprisal from what is likely a very badge heavy Deputy. If we have no case (which I now understand) and can get no legal relief and protection from a legally filed case backed by a standup attorney, then we need to lick our wounds and not contribute to the annual Policemen's Ball. Or do they even have balls anymore?

No one said that your nephew has no case, they only pointed out that there is not likely to be any pain and suffering that can be attached. It was a dog, and as mentioned, it is property. It would be a small claims matter and not one for an attorney. But, yes, your nephew can pay a couple grand for an attorney to fire off an angry letter demanding that your nephew be paid for the dog and cost of treatment, but he'd be out far more money than he would receive.

And why not make a complaint about the actions of the deputy? If the deputy truly did what you claim he did, and there was no legitimate reason (such as responding to another call of a higher priority) then the deputy SHOULD be disciplined. And without a complaint, the agency will never know that this happened and if this is a problem officer his record will remain unblemished. A law enforcement agency can hardly be blamed for the actions of employees that they are unaware of.

As for an earlier comment that he should have summoned an ambulance and such to treat the dog, that is highly unlikely. The sole legal duty would likely have been to attempt to notify the owner of the dog 9the damaged property) and to exchange information. Unless your rural county happens to have an animal ambulance services, emergency medical aid would have been unlikely. Out here the deputy would have two choices: Transport the animal to one of the local vets and hope that he will come in (on the county's dime) to treat or put down the dog, or, dispatch it at the scene.

I would encourage your nephew to contact the sheriff's office and make a complaint. Who knows? he may learn a little more about what happened. Perhaps the deputy received a call of a shooting, a fight, a stabbing, or something else and that was why he chose not to stick around. Your nephew will not know anything until he reports what happened.

 

[Proseguru]

Its a hit and run .. a crime ... notify the authorities

 

[CdwJava]

Its a hit and run .. a crime ... notify the authorities

Hence, the complaint. If it is a crime of some sort in the OP's state, then the Sheriff's office would BE "the authorities" to be notified.

 

[Ohiogal]

Its a hit and run .. a crime ... notify the authorities

In some states it would not be a crime. It depends on the totality of the circumstances.

 

[commentator]

What puts my "troll-dar" off the charts in this case is that neighbor, elderly and alone with no freakin' phone???? Bull hockey!!!!

And in this area, we recently had a case where a family whose dog was in distress called 911 to request medical assistance. They ended up getting fined. It's a dog, not a child. Sorry about how much your nephew loved it and all, so much that he did not allow it to be inside in the cool, or on a leash, but staggering around outside seeking a cool place to lay, in the road, which he had to be aware of, and had to be aware there was some potential for traffic on the road.

True, if it did happen as your neighbor witnessed but did nothing, then you should file a complaint, and you may get an apology. True, the deputy probably should have tried to collect the wounded animal and get it to a vet somewhere. But you haven't won any lawsuit lotteries with this. It sounds like a sacrifice.

 

[Zigner]

I'm calling troll too -

An ambulance?

 

[justalayman]

commentator;3080923]What puts my "troll-dar" off the charts in this case is that neighbor, elderly and alone with no freakin' phone???? Bull hockey!!!!

Coming from Tennessee you can't imagine an area that is possible? While this might be a troll, I can easily imagine a situation as the OP describes. Too many people are not aware of rural America. They are too used to the luxuries and lifestyle of urban or suburban life.

And in this area, we recently had a case where a family whose dog was in distress called 911 to request medical assistance. They ended up getting fined.

that's a shame. While that is not what 911 is designed for, this was not an obvious and intention abuse of the system and should be forgiven.

A bit of compassion goes a long way in situations like that. Too bad there apparently is none in your area.

. Sorry about how much your nephew loved it and all, so much that he did not allow it to be inside in the cool, or on a leash, but staggering around outside seeking a cool place to lay, in the road, which he had to be aware of, and had to be aware there was some potential for traffic on the road.

I know I am in the minority but realistically, especially having lived in an area where there was nothing improper about not leashing a dog (other than that damn law) as the dog served many purposes; watch dog, chicken protector, vermin eradicator, etc, I do not see a problem allowing the dog to laze about as he did. He was on the OP's property after all. I have a friend that used a fenceless fence so his dog was restrained but he could freely lay anywhere on the property. Why would one have to leash a dog if it was on your own property?

 

[commentator]

Justy....I am from such a rural area of TN that I actually lost a dog this way once. Our yard dogs, which were large hounds and curs, never house dogs, never leashed, would lie in the dirt road because the dust did make it a little cooler. And one of the three or four cars that came that way in a day actually hit the dog. The driver came up to the house, apologised, my grandpa put the hopelessly injured dog out of his misery, and I cried. That's the reality of country living.

It never occurred to any of us to call 911, administer mouth to mouth, rush the dog to a vet or blame or sue the driver who hit him. He certainly didn't hit the dog deliberately, it was a pretty awful experience for him too, as anyone who loves them who has ever hit an animal will testify. If your stock gets out on the road and someone hits your pet horse with a car, you are liable.
Same should go for dogs, IMHO.

The statute used to fine the people who called 911 was based on the idea that the ambulance received the garbled message from them that "Shorty is dying. He can't breathe, He's having a stroke!" and they rushed out, thinking they were going to be treating a dying person, burning the county's gas and using resources that might very well have been needed in a real emergency. I agree. It was improper to use our tax provided resources to rush out and humor these people about a dog. They could have driven the dog to the vet.

The thing I find hardest to accept is the elderly, wheelchair bound door neighbor, too fragile to do anything at all, including go over and see about the dog yet who could actually see the whole episode from their house.....in intimate detail. And who didn't have a cell, or a land line, or a "I've fallen and I can't get up" monitor (which incidentally are associated with and require a telephone line). Okay, we are pretty rural still in some parts of the state, but leaving a helpless and immobile elderly person alone without resources to obtain help or call the fire department if they needed to is elder abuse.

 

[LdiJ]

Justy....I am from such a rural area of TN that I actually lost a dog this way once. Our yard dogs, which were large hounds and curs, never house dogs, never leashed, would lie in the dirt road because the dust did make it a little cooler. And one of the three or four cars that came that way in a day actually hit the dog. The driver came up to the house, apologised, my grandpa put the hopelessly injured dog out of his misery, and I cried. That's the reality of country living.

I agree, that is the reality of country living.

It never occurred to any of us to call 911, administer mouth to mouth, rush the dog to a vet or blame or sue the driver who hit him. He certainly didn't hit the dog deliberately, it was a pretty awful experience for him too, as anyone who loves them who has ever hit an animal will testify. If your stock gets out on the road and someone hits your pet horse with a car, you are liable.
Same should go for dogs, IMHO.

Here I disagree a bit, the dog was on its own property and the officer behaved in a very callous manner. No audit lottery here but the officers command needs to know about it and at least an apology/explanation is due.

The statute used to fine the people who called 911 was based on the idea that the ambulance received the garbled message from them that "Shorty is dying. He can't breathe, He's having a stroke!" and they rushed out, thinking they were going to be treating a dying person, burning the county's gas and using resources that might very well have been needed in a real emergency. I agree. It was improper to use our tax provided resources to rush out and humor these people about a dog. They could have driven the dog to the vet.

While I agree with this wholeheartedly, I still think some compassion is in order. Like maybe a warning ticket rather than a fine the first time.

The thing I find hardest to accept is the elderly, wheelchair bound door neighbor, too fragile to do anything at all, including go over and see about the dog yet who could actually see the whole episode from their house.....in intimate detail. And who didn't have a cell, or a land line, or a "I've fallen and I can't get up" monitor (which incidentally are associated with and require a telephone line). Okay, we are pretty rural still in some parts of the state, but leaving a helpless and immobile elderly person alone without resources to obtain help or call the fire department if they needed to is elder abuse.

I absolutely can believe this. There are many elderly people who have no families to help them, living solely on fairly small amounts of social security. While kindly neighbors often try to make sure that they are fed, few people would take on a telephone bill for anyone. In rural areas cell phone service is often spotty at best, so even kindly adding an elderly neighbor to your family plan isn't much of an option. I live in a big city, am a tax professional and I have called elder protection more than once when I realized that I had a client who had little money, no resources, no family, no help and who obviously could not care for themselves. That doesn't always mean that their brains are not sharp or their eyesight poor either.

 

[anearthw]

I worked as a 911 operator for many years, it was quite common for pet owners/citizens to phone 911 when an animal was hit by a car (although in the rural areas it was moreso to advise of the road obstruction, like a moose or whatever). Standard procedure is to just give them the phone number to animal control/vets or tell them to drive to a vet. If it was not busy, we'd contact animal control ourselves. Of course, when people are not clear about what's happening or lie about it in order to get medical services, that is an abuse of the system.

The police officer should have contacted animal control in that situation, not leave the dog. It is the owners fault for this dog to be out loose, but leaving it was not the right thing to do.

I really doubt this is even a true story though, I have a hard time believing he would do that, and even moreso, that there is some old person watching in a wheelchair with no phone, how exactly does this person get food? Contact the outside world? If this location is that remote, then a dog being hit by a car is just part of daily life. If it's true, well, that doesn't change anything, the OP can complain to the police department but that's that.

 

[CJane]

The police officer should have contacted animal control in that situation, not leave the dog.

In my area, "animal control" IS the Sheriff's department. So, the deputy would be calling in ... himself.

But we don't even know if the deputy KNEW he hit the dog.

It is the owners fault for this dog to be out loose, but leaving it was not the right thing to do.

The dog was "Out loose" on the owner's property, at least, according to the post. As JAL said, I've had my acreage fenced with "invisible fencing" for years. My dogs stayed in my yard, and yes, occasionally slept on the driveway. Someone pulling into the driveway and hitting them cannot just transfer responsibility to me because my dogs were "loose" inside the yard to which they were confined.