Pit bull threatens kids; dad kills dog

[Family_Protector]

http://www.amarillo.com/stories/091106/ ... 2679.shtml

As we have been reminded in past posts - another reason to carry... This is from the Amarillo newspaper 9/11.

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Pit bull threatens kids; dad kills dog

A dad took matters into his own hands when he shot and killed a pit bull Sunday afternoon.
Katy Bryan and her two children were in their yard about 2:30 p.m. when they were confronted by a large pit bull that had been threatening them lately.

"He had been coming around here the past two weeks," Katy Bryan said. "Every time he saw me and my kids outside he would come and start growling and acting real aggressive toward us. Finally, my husband got tired of it and took a shotgun and shot it."

The Bryans, who live in the 100 block of Barton Street in the River Road area, called the Potter County Sheriff's Department and told them what had happened.

"He (a deputy) came out and told us we'd done everything right," Katy Bryan said. "We filed a report and everything. He told us we had the right to shoot any animal that came onto our property and acted aggressive and threatening."

The dog, as described by family friend Bobby Hart, was extremely well-muscled and big by pit bull standards.

"This one must have weighed 85 or 90 pounds," Hart said. "After he was shot, twice he got up and tried to walk off again. The sheriff told him (Erick Bryan) to shoot him again and put him out of his misery. I'll tell you what, when you're dealing with one of these dogs you'd better make sure you've got a big gun."

The owner of the dog didn't come forward and take responsibility for the incident, Katy Bryan said.

"We had one guy who described the dog to a T, and when he went over and looked at him he said, 'Nope, that's not my dog.' We think he's the owner, but we're not sure."

There were no injuries reported in the incident.

In a separate but similar incident Thursday in the 4200 block of West 10th Avenue, Joe Francis said he shot his neighbor's pit bull after the dog attacked and killed his Shih Ttzu.

"My little dog usually stays in the front yard, but this time he got out and ran over to the neighbor's where this dog was," Francis said. "He (the pit bull) just attacked him. My wife was hitting him with her shoe and kicking him. He wouldn't let go."

Francis said he went into his house, got his .22-caliber pistol and shot the pit bull point blank between the eyes.

"It didn't do anything but graze him," Francis said. "I called animal control twice and nobody showed up. After I shot him, they came right out and took a report."

Francis said the neighbor, whose name Francis doesn't know, apologized and later had the animal put to sleep.
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[cyphur]

Only if in persuing other than deadly means to retrieve it would expose you or another to "substantial risk of death or serious bodily injury."

I think trying to get between a vicious dog and its target would qualify.

[longtooth]

Welcome aboard FP. Glad to have you & good to ahve another computer savey enough member to put the needed articles on the board. Good input to start. Looking forward to you contributions.

[KD5NRH]

Intersting thing about protecting your dog:

PC §9.42. DEADLY FORCE TO PROTECT PROPERTY.
<SNIP>

Bolded section = golden to protect your dog?

More relevant in this case, and it doesn't even have to be your dog being attacked:

§ 822.013. DOGS OR COYOTES THAT ATTACK ANIMALS.
(a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:
(1) any person witnessing the attack; or
(2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.
(b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote.
(c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote.
(d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority.
(e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section.

[Paladin]

That first shooting sounds like a clear cut legal shoot.

The second sounds pretty questionable. The shooter may not have gotten in trouble because the dog he shot wasn't seriously hurt.

[barres]

Francis said he went into his house, got his .22-caliber pistol and shot the pit bull point blank between the eyes.

"It didn't do anything but graze him," Francis said.

Man, I thought my dogs were hard-headed!

[stevie_d_64]

Intersting thing about protecting your dog:

PC §9.42. DEADLY FORCE TO PROTECT PROPERTY.
<SNIP>

Bolded section = golden to protect your dog?

More relevant in this case, and it doesn't even have to be your dog being attacked:

§ 822.013. DOGS OR COYOTES THAT ATTACK ANIMALS.
(a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:
(1) any person witnessing the attack; or
(2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.
(b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote.
(c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote.
(d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority.
(e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section.

A statute worth keeping tucked away in a safe place for possible use in the future...

Covers the act...

The only thing I could possibly be concerned about would be someone having a problem with the method used to dispatch the attacking animal...And where it was dispatched...Possibly...

But I would not worry too much about that aspect until after the fact...

Just my .5 cents worth of...???