Is it leagl?-not HTA related | GTAMotorcycle.com

Is it leagl?-not HTA related

omnivore

omnivore

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Dog breaks leash and runs into corn field when 2 kids are walking dog (one 16 and one 11)

2 kids commence looking for dog and calling it.

Dog wanders over to neighbour's house, 3-400' away.
As neighbour hears kids calling the dog, he comes out with loaded shotgun. As kids spot dog on the neighbours lawn they start to approach dog "Oh Sam there you are...come here Sam"....Then neighbour, knowing fullwell the 2 kids are approaching, raises guna nd shoots dog right in the face. Dog didn't approach neighbour, growl, bark or anything.

Did the neighbour break the law?

Dog was shot tonite....during my neice's 16th birthday. She is heartbroken, and the 11 yr old is abviously shaken. He was less than 50' from the dog when it was shot.

Took alot of might to prevent my brother from taking the gun and shoving it right up the old man's arse.

I am looking for case law. I have found one 4 month old case in Sudbury that stated you cannot kill a dog on your property unless you are victim of, or witnessing an attack, or if you have livestock and dog is in the process of killing livestock. I want to see this man charged, and am pushing my brother to sue for the dog, vet costs, euthanasia, and trauma and scarring on his children.
 
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Good god man .. that is terrible!

I would of definately called the police for a start. Civil action would be next ...

Than again i probably would of taken it upon myself for a huge payback to this chump.
 
omg that is horrible, make a report with the police and they should be able to help you with the route to go. I would have him charged and sued.
 
Now here's a thread that can use my opinion.

Taze the old koot and shoot him in the face !
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That's awful. Were the police involved? Certainly sounds like an improper use of a firearm.
 
Police were called, and they told my bro to take dog to seek help or have it put down...and they would come out tmw for full investigation. Happened just outside of Long Point.

I am currently writing a letter to the paper, and will then start publishing facts all over the interenet for any and all who will isten. If nothing else, I hope anaimal activists will make this old bastard's life a living hell.
 
Going to the paper is a good idea.The cops didn't show up?I would be demanding action he shot an 11yr old childs dog in front of him.I would have to question the mental stability of this person and the ethics of the police publicly for not showing up.
 
Was he waving the gun menacingly at the kids? That could be seen as assault with a deadly weapon. There might be some laws about discharging a weapon when there are people around.
 
Long Point, huh? Farmland? If he's got livestock then he may be "justified", under the law. That's not the same thing as being right.

Is there history between the two families?
 
No livestock. The old man lives in a house, not on a farm. The female dog is pretty big (80 lbs ish) and menacing looking (half Rottweiler, halfmongrel). When she is home, she is a defensive dog that does and will bark at any tresspasser who comes, including us when we visit. However, a quick walk over to her and pet her, and she remains quiet for the rest of out visit. She is about a yr old, and has never bitten or attacked anyone, although she has barked at many I am certain.

The old man was inside his home, no livestock outside, around 8 pm. Dark outside. It's not like the dog approached him while he was gardening and he was afraid. he was safe in his home, so even if he wants to use the excuse that he was defending himself, he could have just stayed behind locked doors. He specifically chose to come outside with a loaded shotgun, with no warning, talking or yelling. The dog was just sniffing around his yard. The kids said she didn't bark, growl or anything. He just raised the gun and fired. He had to have heard them calling her,as they were just in his side yard. My neice and nephew were so close, that they said their ears rang for hrs. The old man didn't even give them an opportunity to leash the dog, or call her away.

The OPP apparently came tot alk tot he old man. I have no idea what was said or if he is being charged-yet. The OPP didn't come to my brother's cuz he told the OPP he wouldn't be there-he'd be rushing the dog an hr away to the nearest animal clinich that was 24 hrs.

Today hopefully I will find out more. In the next few days, I will also be calling the OPP and SPCA and the Brantford Expositor and Simcoe paper as well.

History is that the hosue my bro bought was a repo from the bank. COmplete shack with squatters iving in it with no water or hydro etc. It took 1.5 yrs to make it a home (my bro builds homes for a living). Yes he got a very good price on it, but threw tons of money and thousands of hrs of his time at it too. Then when my bro wanted to buy his 11 yr old a small CRF50 dirtbike he asked the neighbour if it'd be alright to ride it on the perimiter of the fields that the old man owns (leases out to local farmers) around their place. The old man abrubptly said "hell no!" in their conversation, and that was that. Other than that conversation, the man hasn't even had one conversation with my brother in 1.5 yrs.
 
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It is my understanding that you have the right to defend yourself when in danger but the shooter would not have been in danger if he stayed in the house. The OP doesn't mention the potential of harm to livestock.

I would caution against publishing threats or evidence on the Internet. It could backfire. (However I do know of a situation in New Brunswick where a guy did a similar thing and got so much flak he had to leave town.)
 
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Oh I am not dumb enough to publicly threaten anyone, don't worry,LOL.

There are a number of stories of people who have been run off by animal activists , like the one you mention in NB. A lady put a bunch of cats in bags and drowned them etc, and had a continuous problem with harassment that she literally went into hiding.
 
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Skip the newspapers, until you know what's going on (if anything) with police. You do not have an absolute right to discharge a firearm, even on your own rural property.
 
omnivore said:
A lady put a bunch of cats in bags and drowned them etc
Click to expand...

Your supposed to use a nylon stocking ;-)

I would guess this is how 90% of unwanted cats are dealt with outside urban and suburban settings.
 
While the shooter may have the right to discharge a firearm on his property legally, depending on the local laws, the courts would take a very dim view of someone firing a gun when there are children in close proximity. A load of buckshot can travel 50' in a very short time. That alone sounds like careless dicharge of a firearm.
Definitely seek a lawyers advice.
 
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