Small terrier shot and killed by drunk cattle farmer - what to do?

Question

We live in a rural area and I am aware that some dogs will "run" cattle. However, I have never witnessed my dog in the 4 years that we have had her "run" this man's cattle. We heard shots then I heard yelping. I rushed out to find my dog 20 feet into the neighbors yard writhing on the ground and him coming toward her with a high powered rifle. When he got close enough to me, I smelled alcohol and he admitted that he had been drinking when I asked him. He admitted to having been arrested several times as well. Almost boasting. The police were called but nothing came of it. My question is, Alabama has a code about lawful fences and I am not able to determine if his one wire fence that is 3 feet above the ground attached to posts 20 feet apart is lawful and if this is a course of action to take. By the way, his dog and his cows come over into my yard all of the time. His solution is to walk across my yard with a rifle and shoot into the air to chase them back while the kids are there.

Answer 1

Sorry to hear this happened.

Unfortunately a livestock owner has the right to shoot/kill any animal that is posing a threat (perceived or intended) in most states. This doesn't make what this person did right though.

There also isn't any law on the books in most states about discharging a firearm while drinking. If your local authorities didn't do anything about it, then you are probably at the end of the rope regarding legal actions you can take against this person.

Starting a feud regarding his fences may not be the wise thing to do either. Rather than get into a legal pissing match it might be best to just pose the question to the local authorities and ask their advice in regards to if the fences are legal or not.

His actions regarding shooting into the air, now there is something you can legally do something about. Report him anytime he is discharging a firearm in an unsafe manner. Try to catch him on video doing this if at all possible.

If all else fails, work up your property into an officially recognized backyard habitat or wildlife reserve. This will give you other legal options regarding his actions.

My one warning would be to never confront the man when he has a firearm. I am a responsible firearm owner and avid hunter. Having said that, this man's actions are reprehensible in the extreme. Most responsible firearms owners would never use them as he does, and with alcohol mixed in... well things could get ugly REAL quick :(

Answer 2

What an awful thing to happen to you. I'm very surprised that the police did nothing, considering the state your neighbor was in, but I'm afraid there's little you can do at this point.
As you probably know, any livestock owner has the right to shoot an animal that is threatening his livestock. Now, I don't believe for a minute that your little dog was even capable of harming the cattle, but that will be your neighbor's excuse, and he will use it to his advantage.
I am also wondering if your state has leash laws like we have here in Michigan. This man could have used this against you, but you can use it against him too; call the authorities next time his dog wanders onto your property (not to mention his cattle!) BTW, a "fence" consisting of a single wire doesn't sound very lawful to me. How is one wire going to confine cattle?
In the future Hon, I think your best option is the Invisible Fence. Take care, good luck to you, and I'm sorry this awful thing happened to you.

Answer 3

I am not sure the fence thing will help since your dog was in his yard. The owner of a dog is required to keep them in their yard. That means you in this case. Why did you not have a fence around your property. I do however think that you could get the man in trouble if his dogs are on your property, because he is not keeping them restricted to his property in some way. I think it is awful that your dog was killed and I am sorry. You maybe able to bring some kind of animal cruelty charge against him, but I doubt it will stick. I would also call the cops anytime this man shot a gun into the air around any children. I also suggest you put up a fence of your own before owning anymore dogs. That way you and your dogs should be protected, and his animals will not be able to come onto your property. I am so sorry about your dog, but I do not think you will get anything done to this man in a court system.

Answer 4

In most every state,if not all they have a law protecting livestock.It doesnt matter if your dog did anything or not,If with the cows--the farmer had a right to shoot it. I am sorry about your loss.Perhaps you need a fence around your yard. I think if you own a pet it is best to have a fence,kennel or keep them on leash.

Answer 5

First let me offer my condolences. I am sorry to hear that people are so cruel. Secondly, call animal control, they can file charges on the man, most of the time. You can also report his animals being over there. You can also notify the police of him using this rifle in an area with children, call in enough times and they will do something. As for his fence, animal control may be able to let you know who to contact, or get on-line and do some research.

Answer 6

God, that's really sad! That crazy redneck needs to be taught a lesson. Maybe you should kill some of his cows for running off your children! Not really. I think you should call a lawyer or someone who knows what the fence regulations are. Then, if it's not lawful then sue or do something about that(sorry idk what the real course of action would be). If it is lawful then get him for trespassing. Put up private property and no trespassing signs, then when he and his cows come over call the police or get a camera-- something! this guy needs to get in trouble one way or another. Good luck and sorry about your poor puppy. )=

Answer 7

Not sure what can be done since your dog was on his property. But as far as being drunk and having a loaded gun and firing it, I would think something should be done about this person before someone gets killed. Especially children. And next time his cows and dog comes into your yard call the authorities, don't call him..

Answer 8

One question...

Why was your dog outside, off leash, unsupervised?

Your dog is your responsibility.

Not sure what the law states in Alabama, I'm guessing the lawful fence thing would only apply if his animals were in your yard. I doubt he is responsible for building fences to keep your dog out.

Answer 9

i don't know, i'm thinking the best way to go is to pursue the drunk and using a firearm attack. i'm sure there are laws about being intoxicated and using a firearm. Other than that, you'd need to look at case law to determine what a 'lawful fence' is. sounds like you may need an attorney.

Answer 10

You have a dangerous redneck living next to you. If you feel it is worth it, you should sue him in civil court and try to claim some damages, or at least get an order that he cannot come onto your property and must build a proper fence.