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Neighbor shot my dog

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Rexlan

You probably are a member of one of those dog rescues who hoard dogs. Can't have a dog unless you have it completed fenced. Some places don't allow a fence so therefore you don't qualify.

Yes, I am responsible for the dogs leaving and turning away for 5 minutes. Have owned dogs all my life and this has never happened. I own acreage so my dogs are not out pooping on neighbors lawns.

I had a cow on my lawn once. Does that mean I could legally shoot it? Free beef?

btw, I am a women and my children are grown and doing well (whatever that has to do with the issue)

The guy that did this is known as the "******* of the county"... and a 8 month old dog is still a puppy...they guy had no right to shoot on some elses property. The property owners have forbid him to ever trespass again or will take legal action.

Will let you know what comes of this...and yes I will spend the money if there is any way to prosecute this AO.
 


Ozark_Sophist

Senior Member
The only way I'd see ballistics coming into play if this is an issue that has occured on more than just this occasion. But even if you could demonstrate through ballistic analysis it was the suspects gun, the hard part would be proving he was the one who fired the shot.
 

Ozark_Sophist

Senior Member
I will spend the money if there is any way to prosecute this AO.
The county would prosecute if there was evidence--you wouldn't have to spend any money (besides which you spent recovering the bullets). It's unlikely the county would prosecute because as I said in my previous post, even if LE can demonstrate it was the suspect's gun used in the dog killing, LE would still have to prove who fired the shot.

You could spend the money in a civil suit where the burdens of proof are less than a criminal case, but IF you won, you would only get the value of your property (dog).
 
The county would prosecute if there was evidence--you wouldn't have to spend any money (besides which you spent recovering the bullets). It's unlikely the county would prosecute because as I said in my previous post, even if LE can demonstrate it was the suspect's gun used in the dog killing, LE would still have to prove who fired the shot.

You could spend the money in a civil suit where the burdens of proof are less than a criminal case, but IF you won, you would only get the value of your property (dog).
Detective didn't know if the county would do a balistic test for a dog, that is why I offered to pay for this.

This guy lives alone and they could get fingerprints, no?

So in a civil suit, is the burden of proof on me?

The shooting of these dogs have upset me to the extent I can't think of anything else. Yes, that is what this 8 month old pup meant to me....silly? maybe

This man owns sheep and horses...but his animals didn't do anything to me.

Will find out today the next step. Stay tuned.
 

Rexlan

Senior Member
Wow Rex, are you sure that was your yard they crapped in, not your cheerios??? :eek: :D
Yes I am quite sure.

Uncontrolled pets are a problem and people just don't care about it. The mentality is there dog does nothing wrong or isn't little rover barking all night cute. All this causes is hard feelings with neighbors.

I keep my dogs home at all times. I fenced my yard to do so at considerable cost. They have 3 acres to "play" in and they aren't at the neighbors house and they are not barking all night. I am also responsible for them and what they do when we are out hunting.

BTW: I don't like cereal :)
 

fairisfair

Senior Member
Yes I am quite sure.

Uncontrolled pets are a problem and people just don't care about it. The mentality is there dog does nothing wrong or isn't little rover barking all night cute. All this causes is hard feelings with neighbors.

I keep my dogs home at all times. I fenced my yard to do so at considerable cost. They have 3 acres to "play" in and they aren't at the neighbors house and they are not barking all night. I am also responsible for them and what they do when we are out hunting.

BTW: I don't like cereal :)
I agree with uncontrolled pets, especially cats, personally, don't like them and NOBODY controls their cats. We have a huge problem with feral cats in AZ, I guess cause they can live here year round without freezing. Anyway.

This poster doesn't really sound like her dogs run loose on a regular basis. But, then again, who knows? I also keep my dogs under control, however, there has been one or two occasions when the one we like to call Houdini has wiggled out the front door past two or three tackles. Accidents do happen, I would hate to think that the neighbor was waiting, locked and loaded, for a free doggie safari.

And cereal is a part of a well balanced meal. don't you watch the commercials??
You can't tell me you don't enjoy a handful of fruit loops every now and then??? LOL;)

As for you OP, you seem intent on your pursuit of this case, so the best we can do is wish you luck. I think you are letting your emotions override your sensibilities, but hey, who are we to judge??
 

Rexlan

Senior Member
I agree with uncontrolled pets, especially cats, personally, don't like them and NOBODY controls their cats. We have a huge problem with feral cats in AZ, I guess cause they can live here year round without freezing. Anyway.

This poster doesn't really sound like her dogs run loose on a regular basis. But, then again, who knows? I also keep my dogs under control, however, there has been one or two occasions when the one we like to call Houdini has wiggled out the front door past two or three tackles. Accidents do happen, I would hate to think that the neighbor was waiting, locked and loaded, for a free doggie safari.

And cereal is a part of a well balanced meal. don't you watch the commercials??
You can't tell me you don't enjoy a handful of fruit loops every now and then??? LOL;)

As for you OP, you seem intent on your pursuit of this case, so the best we can do is wish you luck. I think you are letting your emotions override your sensibilities, but hey, who are we to judge??
I agree with you EXCEPT for the ceral bit! I had a bowl of fruit this AM.

It sounds to me like the dogs are loose all of the time. I agree completely that any of them will get loose rarely if a reasonable effort is made to contain them. Mine have. But, I find it hard to believe that this "shooter" is lurking for an opportunity ... but if he is then he is a wacko! She did say the "shooter" (I like that phrase) had sheep so ther is a good chance the dog was agitating them.

Here is the law BTW wich the OP could have easily found. Obviously, this could have become a VERY expensive dog and impounded daily I would guess.


174.042 Dogs running at large and untagged dogs
subject to impoundment; penalties. (1) DOG RUNNING AT
LARGE. (a) Except as provided in par. (b), a dog is considered to
be running at large if it is off the premises of its owner and not
under the control of the owner or some other person.

(b) A dog that is actively engaged in a legal hunting activity,
including training, is not considered to be running at large if the
dog is monitored or supervised by a person and the dog is on land
that is open to hunting or on land on which the person has obtained
permission to hunt or to train a dog.

(4) PENALTIES. If the owner of a dog negligently or otherwise
permits the dog to run at large or be untagged, the owner shall forfeit
not less than $25 nor more than $100 for the first offense and
not less than $50 nor more than $200 for subsequent offenses.
 

Rexlan

Senior Member
Detective didn't know if the county would do a balistic test for a dog, that is why I offered to pay for this.

This guy lives alone and they could get fingerprints, no?

So in a civil suit, is the burden of proof on me?

This man owns sheep and horses...but his animals didn't do anything to me.

Will find out today the next step. Stay tuned.
CERTAINLY the burden of proof is on you ... this isn't Russia you know! Geeze!!

So now you admit that your dogs run loose. Since they are loose and out of your sight how do you know where they are and what they are doing? Fact is that you don't. You said if they got run over by a car that is OK, but if they get shot that isn't. Common denominator is the dog is loose ... your fault.

We don't have ordinances but if someone is having problems with an animals they are suppose to call the constable.
If your county doesn't have laws (Ordinance) about loose pets/dogs then you're in the stone ages. Civilized people do have rules about this and I doubt there is one that says to call the constable. If anything you would call animal control. I think you are making things up. The State has uniform laws about loose dogs ... go read them.

If you let the dogs run loose then unfortunately they can and will get smacked because of you. 5 minutes isn't the issue .... what about the remainder of the 24 hours in that day? You stand there and watch right?

Your dog got shot because it wasn't home ... your fault. Unless you're in Nevada I don't think cattle have open range and are generally fenced. They do get out; however, this is not the case here. You have a loose pet, dog, and it isn't home so you don't have a clue where it is or what it is doing. Maybe it is over at this persons place chasing the sheep for fun. Now you are wasting the taxpayer money with the county for you personal problems.

If you want satisfaction then sue the guy in civil court. What is so hard about that?

Ballistics, finger prints, search warrants ... sounds like too much TV.
 

fairisfair

Senior Member
thank you for the statute, it enabled me to quickly find this one

http://www.legis.state.wi.us/statutes/Stat0174.pdf

see 174.01 which mandates the ONLY conditions under which one may legally shoot a dog.

Again though, this case is going nowhere and I think we all realize that.

Fruit huh? Personally, I don't do breakfast at all, ( I hear the food pyramid fixing to crash down on me) but I am telling you, fruit loops, straight out of the box around midnight, nothing like it.:p
 

CJane

Senior Member
So in a civil suit, is the burden of proof on me?

This man owns sheep and horses...but his animals didn't do anything to me.

Will find out today the next step. Stay tuned.
Yeah, the burden of proof is going to be on you.

And all this man has to do is say that the dogs - one of whom is bred specifically for 'chasing' herd animals - were chasing his horses/sheep and he feared they were going to do harm to his valuable livestock, and so he pursued and shot them.

Probably perfectly legal, if distasteful. Though, I'm in MO as is Ozark who already posted our laws on the subject.

Bad things happen to dogs who run loose. That's why they shouldn't run loose.
 

CJane

Senior Member
If your county doesn't have laws (Ordinance) about loose pets/dogs then you're in the stone ages. Civilized people do have rules about this and I doubt there is one that says to call the constable. If anything you would call animal control. I think you are making things up. The State has uniform laws about loose dogs ... go read them.
Not that I'm excusing OP at all, but there are no leash laws/fencing laws out where I live (in the county). There's no animal control in the county either - it's a town thing. So basically, you have an issue w/someone's dog on your property, you call the sheriff. And he's going to say "If it comes back, shoot it."
 
Rexlan

You assume too much and didn't comprehend what I wrote.

I have acreage/woods....I NEVER allow my dog out alone without watching her...have never let my dogs on anyone's property....this was one of those

"two occasions when the one we like to call Houdini has wiggled out the front door past two or three tackles. Accidents do happen, I would hate to think that the neighbor was waiting, locked and loaded, for a free doggie safari."

and yes, this guy carries a gun with him like he's hunting.

This was NOT on his property..he was walking in the woods of some friends of mine..when he shot both of them

My dog (8 months old) was no where near his sheep or horses.

Whatever I paid for my dog is not in question here (although I bought her for a companion and for taking to the hospital/nursing homes/etc. like I have my other dogs.

My dogs have NEVER run at large....this was an accident and yes, the guy is wacko--- called the AO of the county
 

CJane

Senior Member
This was NOT on his property..he was walking in the woods of some friends of mine..when he shot both of them

My dog (8 months old) was no where near his sheep or horses.
Here's what you're not understanding.

You not only have to PROVE that he's the one that shot your dogs, you're going to have to PROVE that he did so illegally and maliciously.

PROVE that they weren't on his property AT ALL THAT DAY.
PROVE that they weren't chasing his horses/sheep/cats/pet squirrels AT ALL THAT DAY OR EVER.
PROVE that even if he was walking in the woods when he happened upon the dogs that they did not behave in an aggressive manner towards him.

Because see, he doesn't have to prove that they did anything. You'll have to prove that they didn't.
 
CJane

Thank you. I guess I do know that I have to prove it.....kinda like a murderer going to trial even though they have proof he did it...

I may let this go. But am going to his place on Saturday to talk to him and see what he has to say...will take someone with me...

I'm still major PO'd.
 

Rexlan

Senior Member
Thank you. I guess I do know that I have to prove it.....kinda like a murderer going to trial even though they have proof he did it...

I may let this go. But am going to his place on Saturday to talk to him and see what he has to say...will take someone with me...

I'm still major PO'd.
CJane is right on the money here so listen to the advice.

Cool off and forget it. Learn your lesson because it is your fault. I for one do not believe for a minute that you stand there and supervise your dog when you turn it out for business. Not buying it, and I think you let the dog out to run. My opinion.

And why in the world would you want a German Sheppard for a house/lap dog ... too funny.

Free advice ... don't start a confrontation with the guy. It could get ugly.

If you could find this website why in the world couldn't you Google Wisconsin dog law? Pretty easy.


Good luck
 

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