Can I be taken to court without proof?

[pmkk]

Someone shot my neighbor's cat with a 22 caliber rifle. The cat did not die and animal control came around asking if anyone seen anything and everyone said no. When I was asked I told the Animal control officer that I have caught several feral cats (which he already knew cause he picked them up) with a humane animal trap. I even caught the cat in question and recognized it as my neighbor's cat and released it. Told him I also have a BB gun (non-lethal) that I only use to keep feral cats from spraying my house and beating up my outside cat. I have never used it on anyone's pet including the cat in question much less used an actual firearm. The neighbor sent by mail a VET bill for $1450 and said I should pay in 5 day or she was going to take legal action. Is this something she can do? I did not shoot her cat but she thinks I did, we live on Main street, it could have been anyone. No witness, no proof, and I did not do it.

 

[quincy]

Someone shot my neighbor's cat with a 22 caliber rifle. The cat did not die and animal control came around asking if anyone seen anything and everyone said no. When I was asked I told the Animal control officer that I have caught several feral cats (which he already knew cause he picked them up) with a humane animal trap. I even caught the cat in question and recognized it as my neighbor's cat and released it. Told him I also have a BB gun (non-lethal) that I only use to keep feral cats from spraying my house and beating up my outside cat. I have never used it on anyone's pet including the cat in question much less used an actual firearm. The neighbor sent by mail a VET bill for $1450 and said I should pay in 5 day or she was going to take legal action. Is this something she can do? I did not shoot her cat but she thinks I did, we live on Main street, it could have been anyone. No witness, no proof, and I did not do it.

What is the name of your state?

Your neighbor can demand payment but you do not have to pay what she demands. If she takes you to court, your neighbor will need more than suspicion to support her legal action.

 

[pmkk]

Georgia

 

[quincy]

Georgia

Thank you for providing your state name, pmkk.

Your neighbor may suspect that you shot her cat but, with you denying you shot her cat and without her having any proof that you shot her cat, she has little to support a claim. You can ignore her current demand for $1450.

If you are served with a summons and complaint, on the other hand, you cannot ignore this. You must answer the complaint and appear in court.

Good luck.

 

[pmkk]

Thank you. I know you are only getting one side of the story, do you think she has a chance to win. I just don't see how she can pick a neighbor and say pay my VET bill. If she had an eye witness or video of me doing it that would be different, but she has none of that cause I didn't do it.

 

[quincy]

Thank you. I know you are only getting one side of the story, do you think she has a chance to win. I just don't see how she can pick a neighbor and say pay my VET bill. If she had an eye witness or video of me doing it that would be different, but she has none of that cause I didn't do it.

You admit shooting at feral cats and trapping feral cats (including trapping your neighbor's cat once) and you live in the neighborhood, so I can understand her reason for suspecting you of shooting her cat with a 22 caliber rifle.

That said, if you don't own a 22 and there is no solid evidence that you shot her cat, she might have a hard time proving you did.

Is shooting at feral cats with a BB gun legal in your neighborhood? Is trapping feral cats legal in your neighborhood?

 

[pmkk]

Yes, trapping feral cats with a humane trap is what I was told to do by our county animal control, then I would call them and they would come by and pick up the cats. The BB gun is for the feral cats that are to smart to get in the trap, I use a very weak BB gun (won't break the skin) cause I don't want to Kill/seriously hurt the cats, just scare them away from hurting my outside cat, but no, its not illegal to do either. Although, the animal control officer actually said if the cat was on your property hurting your family or animals I would be within my rights to shoot and kill but again thats not what I wanted to do. I have 3 cats and really don't want to kill anything.

 

[quincy]

Thank you for the additional information.

I am glad your intention is not to harm the cats that wander onto your property.

Good luck with your neighbor.

 

[xylene]

I use a very weak BB gun (won't break the skin) cause I don't want to Kill/seriously hurt the cats, just scare them away from hurting my outside cat, but no, its not illegal to do either

Is there a law in georgia that authorizes you to shoot cats with an air gun?

 

[quincy]

Is there a law in georgia that authorizes you to shoot cats with an air gun?

pmkk said using a BB gun in his neighborhood to shoot at the feral cats was not illegal.

 

[xylene]

pmkk said using a BB gun in his neighborhood to shoot at the feral cats was not illegal.

Sounds like officer discretion to me, which is why I asked if there was some authorization, rather than an abscence of prohibition.

a. Cruelty to Animals (misdemeanor charge): A person commits the offense of cruelty to animals when he/she causes death or unjustifiable physical pain or suffering to any animal by an act, an omission, or willful neglect. O.C.G.A. §16-12-4

I don't personally believe he's commiting an act of animal cruelty, but people certainly do get charged for that.

22 is an airgun caliber, though less common than a .177

Perhaps he should stop shooting cats until this blows over and stop making admissions to law enforcement officers.

I don't think "I only pumped it once or twice, can't break the skin." would cut it as a defense.

 

[Zigner]

22 is an airgun caliber, though less common than a .177

.22 is a VERY common rifle caliber.

 

[quincy]

I agree that speaking to the officer as openly as he did probably was a mistake. Although his honesty might not work in his favor in court, I don't know if it is enough for the neighbor to successfully support a case against him

 

[HighwayMan]

I don't personally believe he's commiting an act of animal cruelty, but people certainly do get charged for that.

Actually I think what he did DOES meet the requirements of the statute.

 

[quincy]

Actually I think what he did DOES meet the requirements of the statute.

I think it would be very difficult to support a misdemeanor charge of animal cruelty based on what has been said.