Neighbor shot my dog

[1000Sparks]

What is the name of your state? Wisconsin

Was "babysitting" a friends dog, mixed lab. My 8 month old Shepherd was with her in the backyard. I came in and out of the house for 5 minutes and they were both gone. I know now that the older lab likes to bum.

Was all over the neighborhood to EVERY house..no one saw them. Put up signs and drove all the streets, offered a $1000.00 reward for their safe return or info.

Find out 2 weeks later another neighbor found them dead...one near the woods and the other in the woods. I know who shot them but am sure he won't admit it. He did not shoot them on his property.

Called the sheriff's department and they are investigating. I said I was willing to pay for the ballistic testing so the county wouldn't be responsible.

We have taken the dogs to the vet to retrieve the bullet/pellets (did this after the Sheriff's department told us to).

I have heard it is a felony in my state. Is this true? Have checked and can't find anything.

Also, I am awaiting further instructions from a detective.

What evidence must I have to get a search warrant on this man's guns to prove he shot them? Is circumstantial sufficient?

I want to do this legally but want this horrid person to pay for such a mean/nasty thing he did to those wonderful dogs and my family.

 

[BelizeBreeze]

and once you have the ballistics report how are you going to prove the neighbor shot the dog?

 

[sgtdanmurphy]

Were they on your property?? or were you violating the animal control ordinances by letting them run wild? You are liable for the damages caused by the dogs if so and someone may have been within their own rights to shoot them.


whoever said felony is full of bull... if it could be considered mistreatment it would be a misd.

http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=WI:Default&d=stats&jd=top

 

[Ozark_Sophist]

Speaking from my own experience with the laws of my state, there are only two legal reasons to shoot a dog which are if the dog is in the act of attacking a person or chasing or killing a domestic animal.

Note: This is Missouri. I had it handy and didn't have time to look it for your state.

Dogs may be killed, when.
273.030. If any person shall discover any dog or dogs in the act of killing, wounding or chasing sheep in any portion of this state, or shall discover any dog or dogs under such circumstances as to satisfactorily show that such dog or dogs has or have been recently engaged in killing or chasing sheep or other domestic animal or animals, such person is authorized to immediately pursue and kill such dog or dogs; provided, however, that such dog or dogs shall not be killed in any enclosure belonging to or being in lawful possession of the owner of such dog or dogs.​

 

[fairisfair]

Were they on your property?? or were you violating the animal control ordinances by letting them run wild? You are liable for the damages caused by the dogs if so and someone may have been within their own rights to shoot them.


whoever said felony is full of bull... if it could be considered mistreatment it would be a misd.

http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=WI:Default&d=stats&jd=top

yeah right, the number of cities and municipalities that allow vigilante dog hunting are endless

.

 

[1000Sparks]

I want to follow the law

I am in the country where everyone knows each other.

We don't have ordinances but if someone is having problems with an animals they are suppose to call the constable.

If I get the balistics and his gun it can be proven it was his gun that shot them. (or is the sheriff's department just trying to apease me here?)

These dogs are pets..one had a bright orange collar, the other red...with tags.

These were friendly dogs. This man shot him on someone elses property just for meannesss..

If I can't do anything legally, there are many people who said they would "take care of him"...whatever that means?????

I loved my Shepherd and know I can't be compensated for feelings. I just want this man to pay in one way or another.

What must I have to prove he did it, if not for his guns? What do I need to get a search warrant? People in the area are very PO'd.

 

[moburkes]

Who is responsible for the dogs getting out of the yard? If the dogs were run over by a vehicle, would the driver be responsible? How much, in comparison to the person that "allowed" them to get loose?

 

[fairisfair]

I am in the country where everyone knows each other.

We don't have ordinances but if someone is having problems with an animals they are suppose to call the constable.

If I get the balistics and his gun it can be proven it was his gun that shot them. (or is the sheriff's department just trying to apease me here?)

These dogs are pets..one had a bright orange collar, the other red...with tags.

These were friendly dogs. This man shot him on someone elses property just for meannesss..

If I can't do anything legally, there are many people who said they would "take care of him"...whatever that means?????

I loved my Shepherd and know I can't be compensated for feelings. I just want this man to pay in one way or another.

What must I have to prove he did it, if not for his guns? What do I need to get a search warrant? People in the area are very PO'd.

He is not going to be forced to turn over his guns, just because you think he might have done it.

I am sorry for the loss of your pet, and in no way condone anyone shooting them, barring them being in the act of attacking another animal or person. However, even it you were to get the evidence that you needed, and actually won this case (both being highly unlikely) you would only receive the market value for the dogs so unless only personal satisfaction is your goal, even if you "win" you are going to lose.

As for threats from the other townspeople, I would caution you to distance yourself from any discussion or actions in those areas.

 

[1000Sparks]

Thanks for the responses.

"As for threats from the other townspeople, I would caution you to distance yourself from any discussion or actions in those areas.
Reply With Quote"

I have said I don't want anyone hurt..and won't discuss it with anyone now.

My question is, what do I need to get a search warrant for his guns?

If there is no chance then why did the sheriff's department say to get the bullets from the dogs (another expense)??

I guess deep down I don't expect to win.

and no, being hit be a car it TOTALLY different and that would be my fault.

This was an intentional act and I feel I want him punished for what he did, even if it is only for the price of the dog.

 

[moburkes]

Whose fault is it that the dogs were loose? What percentage of the responsibility does that person have?

 

[fairisfair]

I am sorry, but don't you think if they thought a successful prosecution was likely, they would be forking out the money for any kind of ballistic tests??

Let's look at it logically, you have two dogs, apparently shot, yes, you can prove that they were in fact shot, (hence removal of the bullets) you only think you know who did it, you have absolutely NO evidence against this person. I am not sure that you even COULD get ahold of his guns for ballistic testing, and let's just say that you could. and let's even say that it was his gun. Now prove that he did it. See, it just really goes nowhere. And, you are talking thousand and thousands of dollars in testing and expert witnesses.

I do agree, there is a big difference between an accident and an intentionally cruel and needless killing of an animal. You may just have to move on, and hope that whatever retribution system is in place in this world, has it's eye on him.

 

[moburkes]

My point isn't the accident vs. intentional. My point is, what responsibility does the person who let the dogs loose, bear on the situation. Sorry for the confusion.

 

[fairisfair]

My point isn't the accident vs. intentional. My point is, what responsibility does the person who let the dogs loose, bear on the situation. Sorry for the confusion.

I agree that given the dogs were never out, this probably would have never happened.
I just don't see how the owner (of the dogs) would bear responsibility in an act of unnecessary intention.

If I am underage and I leave and go to the store after curfew and someone shoots me, is it my fault that I got shot? I mean, I am out after curfew, but does that give someone the right to shoot me?

Now, if infact the animals were attacking either other animals or people, and somebody shot them, then heck yes, the owner would be responsible.

ya know I luvvvvvv you mo, but I just don't agree on this one.

 

[Rexlan]

Well I think the owner of the dog is the problem. I live in the country too and dogs run loose ... owners say they never leave there property which is BS. They come here and crap in my yard, driveway and dig in my garden. People think because they are in the country they can just **** anyplace .... dogs too!

This bleeding heart is crying because his dog is loose and it's likely not the first time. Who knows what the dog was doing or into? This is a simple fact however, if the dog was home and under the control and supervision of the owner it would not be DEAD!

How does this Sherlock know where the dogs were shot? Maybe they were taken there and dumped .... maybe they were threatening someone ..... maybe they were taking a dump in the local church parking lot and someone went wild, shot them and then took them to the woods .... who knows!!! For certain, this owner/babysitter doesn't.

moburkes This guy isn't going to answer your question ... he knows he is the responsible party and he has already tried to shift the blame the other guys dog who is a known "bum". Too funny ... imaging what a piece of work his kids will turn out to be

Bottom line: You can sue the party you think is the "shooter" in civil court. If you win you can recover the value of the animal. Should not cost you more that $15-20K and I urge you to proceed.

BTW: You're going to be in a tough spot if some difficulty comes to your suspect and he/she finds out since you have made this a public issue.

 

[fairisfair]

Well I think the owner of the dog is the problem. I live in the country too and dogs run loose ... owners say they never leave there property which is BS. They come here and crap in my yard, driveway and dig in my garden. People think because they are in the country they can just **** anyplace .... dogs too!

This bleeding heart is crying because his dog is loose and it's likely not the first time. Who knows what the dog was doing or into? This is a simple fact however, if the dog was home and under the control and supervision of the owner it would not be DEAD!

How does this Sherlock know where the dogs were shot? Maybe they were taken there and dumped .... maybe they were threatening someone ..... maybe they were taking a dump in the local church parking lot and someone went wild, shot them and then took them to the woods .... who knows!!! For certain, this owner/babysitter doesn't.

moburkes This guy isn't going to answer your question ... he knows he is the responsible party and he has already tried to shift the blame the other guys dog who is a known "bum". Too funny ... imaging what a piece of work his kids will turn out to be

Bottom line: You can sue the party you think is the "shooter" in civil court. If you win you can recover the value of the animal. Should not cost you more that $15-20K and I urge you to proceed.

BTW: You're going to be in a tough spot if some difficulty comes to your suspect and he/she finds out since you have made this a public issue.

Wow Rex, are you sure that was your yard they crapped in, not your cheerios???