A family friend of mine is going to court for killing his neighbor's dog. That dog, (a pit bull), has been a danger to the neighborhood for a long time. The owner's neighbor's, including my friend, and the city, have all told the owner a number of times to keep the dog restrained or to get rid of it, but they refused. A little while ago, the dog got out and badly mauled my friend's 7 year old daughter. As I understand it, the girl's ankle was nearly crushed, and there was a good deal of tissue damage to her calf. She has been in the hospital for 2 days now. Later that day, he walked into the owner's front yard and shot the dog a number of times, killing it. Nobody has told me what specific charges he is facing. This happened in Anaheim, Ca. What could he be charged with, and what possible sentence could he recieve?
2006-07-02 06:42:30 · 10 answers · asked by Incorrectly Political 5 in Politics & Government ➔ Other - Politics & Government
Could he sue the dog's owner for criminal negligence?
2006-07-02 06:45:10 · update #1
not too sure about Cali laws, but most states, after receiving a complaint like this, would have had the law enforcement go to the owners residence and seize the dog themselves, then they would have put it down anyways....i would tell your family friend to tell the owner of the dog to keep his mouth shut about shooting the dog, or he will face a lawsuit for neglect and criminal negligence. they could possibly charge the owner with more than that. i had a neighbor who had that happened, exact story except the person who got hurt was a grown man just walking down the street. he killed the dog later, but the owner got in big trouble and the other rott's had to be put down also. he had like 6 dogs total. so....it would probably be smart for the owner to not pursue anything unless he wants to be charged also and even face having to foot the hospital bills for the little girl.
go to www.911lawyer.com
2006-07-02 06:51:53 · answer #1 · answered by meld1707 3 · 2⤊ 0⤋
While your friend's desire for vengeance is certainly understandable under the circumstances, he should not have taken the law into his own hands. If he had killed a person who had attacked his daughter, he'd be labeled a "vigilanti". I'm sure that the courts would have taken action against the dogowner and may have even ordered the dog to be euthanized. Your friend should have remained calm and worked through the legal system, but I'm sure he understands that in hindsight now. I believe he could be charged with cruelty to animals and perhaps also a weapons chargeand I"m not sure of the penalty that carries in California; perhaps the court will take the aggravating circumstances into account. He needs a good attorney both for his own situation as well as for a possible civil lawsuit against the dog owner. I remember of a case where a Rottweiler killed someone and the owners were charged with murder, so perhaps the dog owner could be charged with assault, but that's up to the city or state as far as the criminal charges go.
2006-07-02 07:00:25 · answer #2 · answered by BrokenWing 1 · 0⤊ 0⤋
Well, he could be charged with animal cruelty or animal torture, both of which are felonies and carry serious penalties. He might also be charged with destruction of personal property. There's a good chance that he could get off on a temporary insanity charge though, or he might be offered a plea bargain considering the circumstances. I feel bad for your friend, but he should have let the authorities handle the situation.
Follow up: Yes, he should sue the owner for criminal negligence, but he'll probably get slapped with a destruction of personal property charge. He would've been much better off if he had not killed the dog.
If no one is pressing charges against the owner of the dog, someone should. He is clearly guilty of negligence. After that attack, the dog would probably have been put down as soon as the police got involved, so your friend shouldn't have (forgive the pun) jumped the gun on this one.
2006-07-02 06:49:07 · answer #3 · answered by Dr Answerswell 3 · 0⤊ 0⤋
Wow, what an awful story! I would have done the exact same thing! Unfortunately the law is jacked up. He may get convicted of something even though he shouldn't in my opinion. But I really think he could sue the dog's owner. I've actually heard of dog owners who have been told they have to put their dog down after it attacked a child, so...
2006-07-02 06:51:43 · answer #4 · answered by ? 2 · 0⤊ 0⤋
As a parent, I think he did the right thing. I love dogs-I've even had a pit. But if one attacked my daughter, I'd shoot it. I'd be real tempted to shoot the dog's owner, too.
But the guy did take the law into his own hands, and we are a society of laws. If he has to pay a fine, though, I would see if some locals wouldn't be willing to donate money to help him pay it.
2006-07-02 07:00:02 · answer #5 · answered by kelly24592 5 · 0⤊ 0⤋
I'm so sorry for your friend's daughter, and the anguish it has caused her daddy. Personally, I have no problem with what he did, but I really don't know the law. I don't think any court would throw the book at a father who was just trying to protect his family from further harm.
2006-07-02 06:47:16 · answer #6 · answered by LeAnne 7 · 0⤊ 0⤋
It comes down to this, he took the law into his own hands. And for that alone, he'll be punished, even if the dog was a menace.
2006-07-02 06:46:38 · answer #7 · answered by biggupp (דוד) 5 · 0⤊ 0⤋
if animal control did nothing about the dog and your friend killed it-it is considered a "property crime". I don't know your state laws.
2006-07-02 07:06:05 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Despite the provocation, he took the law into his own hands.
Potentially a fine and probation.
2006-07-02 06:45:56 · answer #9 · answered by Anonymous · 0⤊ 0⤋
the dog deserves it!
2006-07-02 07:06:02 · answer #10 · answered by Anonymous · 0⤊ 0⤋