Ohio man charged for shooting dog

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Ohio man charged for shooting dog

Postby M-Quigley » Wed Jan 10, 2018 8:20 am

http://www.chroniclet.com/cops-and-cour ... s-dog.html

It is not known how a new law related to animal cruelty known as Goddard’s law will affect this case.

Goddard's Law, or House Bill 60, was signed into state law in June 2016 making it a fifth-degree felony to knowingly cause serious physical harm to a companion animal. That includes depriving a pet of food, water or shelter, or inflicting long-term pain. Punishment could be six months to a year in jail and a $2,500 fine.

Online court records through the Elyria Municipal Court does show Kilgore as being charged with the low-level felony.


Currier also said — depending on the new Goddard’s Law — the suspect may not be released immediately.

“He might not even have a bond, he’d probably have to see a judge,” he said.

Goddard’s Law, or House Bill 60, was signed into state law in June 2016 making it a fifth-degree felony to knowingly cause serious physical harm to a companion animal. That includes depriving a pet of food, water or shelter, or inflicting long-term pain. Punishment could be six months to a year in jail and a $2,500 fine. Galloway said she wasn’t that interested because the damage already had been done.

“No matter what happens to them it’s never bringing my little baby back,” she said choking back tears.

Michael Karst, an animal and dog law attorney, said it depends on certain circumstances if the suspect was legally justified in shooting the dog.

“Any time you’re trying to break up a dog fight, there’s always a risk that you’re going to get hurt or that somebody else is going to get hurt, but using deadly force or firing your weapon to save your animal probably isn’t the best idea,” Karst said.

Using a non-lethal weapon may have lessened the charges because lawyers also would look at the proportion of force used, he added.
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Re: Ohio man charged for shooting dog

Postby JustaShooter » Wed Jan 10, 2018 10:47 am

Given the information in the article, it doesn't appear to me that he was justified in shooting his neighbor's dog.
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Re: Ohio man charged for shooting dog

Postby marca » Wed Jan 10, 2018 1:33 pm

I guess that dogs are now people too, thus creating the new job of "dog attorney ". I can only shake my head.
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Re: Ohio man charged for shooting dog

Postby Bruenor » Wed Jan 10, 2018 2:16 pm

What's that old saying.. "Good fences make for good neighbors" ? Not sure what kind of fence they have if the dog can stick his head through it and attack an animal on the other side. Or a dog standing near near the fence so their tail is sticking through to the other side and can be pulled by a dog over there.
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Re: Ohio man charged for shooting dog

Postby M-Quigley » Thu Jan 11, 2018 10:04 am

Bruenor wrote:What's that old saying.. "Good fences make for good neighbors" ? Not sure what kind of fence they have if the dog can stick his head through it and attack an animal on the other side. Or a dog standing near near the fence so their tail is sticking through to the other side and can be pulled by a dog over there.


Although there are some completely solid fences out there, most of the ones I've seen have some small opening in them, large enough that a tail could possibly fit through. The head of a full grown Husky however is a different matter, which is allegedly what happened in the 2nd incident.

from the news link:

A 6-foot high wooden privacy fence that has small spaces between the fences that the dogs could touch each other separates the two homes.
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Re: Ohio man charged for shooting dog

Postby catfish86 » Sun Jan 14, 2018 12:12 pm

As a dog owner who has had a fair share of incidents with dogs loose and attacking causing me to have researched the law (I am a paralegal so I am trained), I have to say this guy is not justified in shooting on more than one level.

First, as to fencing, mend the fence. Simple as that, you have a history of problems, it is a property line fence, plug the holes. I have bricks laid along a stretch my dog has crawled under, a wood railing at another and have repaired other sections.

Second, the dog bite statute specifically allows for shooting an attacking dog with a specific exception for a dog attacking another dog or a cat. While a lot of leeway in past incidents I am aware of is given to a human walking a dog, that is mainly because how is the human to know who is being attacked. This is a case of just shooting the dog attacking your dog and the statutory protections do not apply.
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Re: Ohio man charged for shooting dog

Postby Bruenor » Wed Mar 07, 2018 6:53 am

Not sure how you show that a dog previously 'lunged at' someone, unless you have video. Evidence must have been good enough for the Grand Jury.

http://www.chroniclet.com/cops-and-cour ... s-dog.html

A Lorain County grand jury decided an Elyria man who shot and killed a neighbor’s dog in January should not face felony charges.

Lorain County prosecutors presented the case against Timothy Kilgore, 28, to a county grand jury to consider — a fifth-degree felony charge of cruelty to animals was up for consideration as well as discharging a firearm in the city limits — and the grand jury returned a no bill, meaning no charges are forthcoming.

Kilgore’s attorney, Kenneth Lieux, said additional evidence — in the form of photographs, witness testimony and the veterinarian records for Kilgore’s two dogs — was presented to the prosecutor’s office and grand jury.

“We presented information that the neighbor’s dog had previously attacked the Kilgores’ dogs and lunged at their 2-year-old daughter,”
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