CHL holder shoots, wounds pit bull in Dayton

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M-Quigley
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CHL holder shoots, wounds pit bull in Dayton

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http://www.whio.com/news/crime--law/pet ... Bc9J2nA9L/" onclick="window.open(this.href);return false;
DAYTON — The owner of a dog shot in the leg by a neighbor Saturday afternoon was cited for the dog getting loose.

A woman called police around 1:45 p.m. and said three or four shots were fired at her dog, which she described to dispatchers as a “non-aggressive pit bull,” according to a Dayton police report.

When police responded to a home in the 400 block of Red Haw Drive, they found the family’s pit bull-American bulldog mix named Tank was shot in one of his right legs, with the bullet going all the way through.

The officers’ assessment of Tank coincided with the owner’s description of the dog’s demeanor.

"Tank was wagging his tail and was extremely friendly," an officer noted in the report. "While we were outside with Tank a neighboring cat came over. Tank did not chase or bark at the cat."
The report is possibly not relevant to something that happened after the officer's arrival. A couple of years ago, one of my daughters lost two dogs at the same dog attack from a neighbors pit bull, who had come onto her property to attack the dogs. My daughter had a gun but it was in the house, locked up and unloaded. She tried hitting and kicking the dog, but that was useless.
She went inside the house to get a knife, but by that time the dog was done and went back to it's owners property. Animal control was called, and when they came out the pit bull was the friendliest dog you'd ever seen (when the owner was standing next to it). No one ever saw or heard of it ever killing any cats or any other animals either, just other dogs.
A resident two doors down who shot Tank had a valid CCW permit. He told police the dog came into his yard and that he feared it would attack him or his two poodles. He said he fired two shots from about 5 feet away, and that the dog then ran away, the report stated.

The neighbor told police the dog was vicious because he believed it to be the offspring of a dog that two years ago killed his dog.
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Re: CHL holder shoots, wounds pit bull in Dayton

Post by JustaShooter »

The neighbor told police the dog was vicious because he believed it to be the offspring of a dog that two years ago killed his dog.
That's a pretty flimsy rationale if you ask me. You can't just shoot the dog for being in your yard because you think it might be vicious, it has to be coming toward you like it is going to attack or is trying to bite you, etc. And it has to be acting aggressively toward *you*, not your two poodles.
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Re: CHL holder shoots, wounds pit bull in Dayton

Post by DOA33 »

The neighbor told police the dog was vicious because he believed it to be the offspring of a dog that two years ago killed his dog.
Sounds like a case of he wanted revenge.
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M-Quigley
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Re: CHL holder shoots, wounds pit bull in Dayton

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JustaShooter wrote:
The neighbor told police the dog was vicious because he believed it to be the offspring of a dog that two years ago killed his dog.
That's a pretty flimsy rationale if you ask me. You can't just shoot the dog for being in your yard because you think it might be vicious, it has to be coming toward you like it is going to attack or is trying to bite you, etc.
I agree, if that was the sole reason the shooter claimed the dog was vicious. There may have been other statements made by the shooter that were not reported in the article. I'd like to see a copy of the police report.
JustaShooter wrote:And it has to be acting aggressively toward *you*, not your two poodles.
That is the way the law technically reads, although the law doesn't seem to be applied that way in Cincinnati :roll: If the shooter is ever charged, we'll see if a Dayton judge feels the same way I guess. It seems a little strange to me that under Ohio law you can shoot a dog that is attacking your chicken, but not the family pet. :?:
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Re: CHL holder shoots, wounds pit bull in Dayton

Post by AlanM »

M-Quigley wrote: That is the way the law technically reads, although the law doesn't seem to be applied that way in Cincinnati :roll: If the shooter is ever charged, we'll see if a Dayton judge feels the same way I guess. It seems a little strange to me that under Ohio law you can shoot a dog that is attacking your chicken, but not the family pet. :?:
IIRC not if it's a pet chicken, only if it's "live stock". If the owner has named it and doesn't plan on eating it you can't shoot it.
If it's a laying hen all bets are off.
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Re: CHL holder shoots, wounds pit bull in Dayton

Post by DontTreadOnMe »

AlanM wrote:
M-Quigley wrote: That is the way the law technically reads, although the law doesn't seem to be applied that way in Cincinnati :roll: If the shooter is ever charged, we'll see if a Dayton judge feels the same way I guess. It seems a little strange to me that under Ohio law you can shoot a dog that is attacking your chicken, but not the family pet. :?:
IIRC not if it's a pet chicken, only if it's "live stock". If the owner has named it and doesn't plan on eating it you can't shoot it.
I don't believe that's right:
955.28 Dog may be killed for certain acts - owner liable for damages.
(A) Subject to divisions (A)(2) and (3) of section 955.261 of the Revised Code, a dog that is chasing or approaching in a menacing fashion or apparent attitude of attack, that attempts to bite or otherwise endanger, or that kills or injures a person or a dog that chases, threatens, harasses, injures, or kills livestock, poultry, other domestic animal, or other animal, that is the property of another person, except a cat or another dog, can be killed at the time of that chasing, threatening, harassment, approaching, attempt, killing, or injury.
Also, I don't believe that law prevents you from trying to stop a dog that is actively attacking your own innocent dog or cat, up to and including using deadly force. That would be a pretty extensive limitation on your property rights. However it does mean that the protections stated under this law wouldn't (necessarily) apply. For instance, you can't shoot and kill someone else's dog that's merely acting aggressively towards your own.

The Cincinnati example I'm aware of (and there are probably others) was of a dog that attacked another dog that was doing nothing aggressive. The dog locked on and wouldn't let go. Several people tried using non-lethal force to get the dog to stop. When that failed, lethal force was used.
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Re: CHL holder shoots, wounds pit bull in Dayton

Post by Brian D. »

I know the judge from that Cincinnati case, I meant to ask him about it back then, but didn't run into him for a few months. Will try to quiz him next time, since y'all reminded me.
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M-Quigley
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Re: CHL holder shoots, wounds pit bull in Dayton

Post by M-Quigley »

AlanM wrote:
M-Quigley wrote: That is the way the law technically reads, although the law doesn't seem to be applied that way in Cincinnati :roll: If the shooter is ever charged, we'll see if a Dayton judge feels the same way I guess. It seems a little strange to me that under Ohio law you can shoot a dog that is attacking your chicken, but not the family pet. :?:
IIRC not if it's a pet chicken, only if it's "live stock". If the owner has named it and doesn't plan on eating it you can't shoot it.
If it's a laying hen all bets are off.
YMMV
When it comes to chickens, I've got it all covered. If it's a hen and it's not laying eggs, it's getting named, and that name will be "Supper". :mrgreen:
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