Property Invasion, Damages, Trespass defending property rights

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saralaw

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My jurisdiction is: in

I was charged with property damage for shooting a neighbor's dog with a bb gun on my property, that died (freaky) on their property. The dog had been on my property attacking my cat before and my daughter was even bit in the process. The dog came over again several weeks later ready to attack again so used the air rifle to get the dog off property. Have been told the whole matter is political since it involved a "harmless" dog and it really wasn't hurting anything. the previous attack was never reported. the prosecutor wants a deferred prosecution and restitution on the dog. Do I not have the right to protect my property? What do you think a judge would say? I do have statements and evidence from the dog bite even though not reported to animal control at the time. Didn't mean to kill the dog, but dealing with untruthful neighbors. Take the deal or let a judge decide?
 
Did you ever tell your neighbor about the problem with their dog going on your property? Give them a warning? Did your CAT ever trespass on someone else's property?

And you killed it with a BB gun, you didn't think that was possible as you must have fired it at a pretty high velocity.

It sickens me that you were given a deal. What I'd like is for you to go to trial, see how that works for you, and see what most people feel about your actions.
 
you sound like an asshole. Yes, the neighbor was aware of the first attack and was trying to retrieve the dog while it relentlessly kept going back for more, while my daughter stood by with blood running down her hands. The cat did not trespass on their property to my knowledge. The dog came over to mine each time. Sounds like irresponsible pet owners that have no regard for my animal or daughter.
 
Really, you don't have all the facts, sorry for the curt remark. Cat is an primarily an indoor cat and goes out when we are there. It was on the deck in my sight when the dog came up to attack while the cat was in my wife's arms. jumping up, growling and showing teeth is regarded as vicious in my opinion. Many more facts. Just trying to keep it short. Thanks for the advice without all the facts. It wasn't a high velocity bb gun either....
 
I'm curious about many things. What are the police arguing?

What did you do right after you shot their dog?

You mention the dog freakishly died at your neighbor's property. Does this mean that there is a dispute over if the dog was in your property or not?

I'm sorry, but I don't believe your story. However, it would be a jury of your peers. Maybe you can pull the wool over their eyes. For the sheer audacity of the thing, I want you to go to trial.
 
Are you really curious or have you made up your mind? The legal system is entirely new to me, so was quite naive about innocent until proven guilty. The police were sympathetic to the situation and said "don't beat yourself up. you have the right to defend your property." the bb gun was aimed at the concrete as it lunged for the cat. The dog yelped and ran back to the owner's property. The owner was there and aware of the bb gun and even told my wife,"just shoot the dog in the rear and it won't come back." the owner carried the dog over an hour later to say they found the dog dead in their field. So, yes, I thought that was freakishy, because I didn't know a dog could die from a bb. And yes, I did apologize and felt terrible even though I felt provoked. the charges didn't come until 1 week later through the prosecutor's office with "their" story of a dog that wouldn't harm a fly, didn't bite our daughter, never attacked our cat and so on. Odd things happened along the way: my statement to the police-gone, story from a vet that it was a bullet- I only own a bb gun, animal control report of dog bite and cat attack- missing (I took my daughter to doctor to have scars examined) and they report by law. there is more, but it seems you already think made up your mind like the prosecutor's office in the beginning, with limited facts. I am an honest man that takes full responsibility for my actions. I think the legal system was manipulated before all the facts were present. Whether you believe I should rot in jail for this or not, I wanted to know what my rights were in this case. I guess people like you were making the decisions that day. Now the judicial system makes perfect sense to me....Tell me, you are not a judge?!!!!
 
It's truly amazing the conspiracy against you. I recommend you keep careful notes, and contact Oliver Stone when all is said and done.
 
what are ALL the facts then? Why do you seek advice without giving all the necessary facts? Is it that you have to make them up as you go along?
 
I think I will contact you since you have been so helpful even with your sarcasm. This was the wrong site to seek support. Maybe the NRA would be more appropriate....I guess I was confused again on human intellegence and logic.
My answer concerning property rights never was answered......That is the real question, not jumping to conclusions on what you think took place and the punishment you feel deserving. Although the outcome has come with regrets, don't make me choose between my pet and yours. Would a bat or shovel had better results? If the intention was to harm the animal, i would have chosen one of these methods.
 
It seems your story keeps changing. . .

What changed? The stupid incident is so long drawn out, I didn't know how much would be relevant to answering the question of property rights! I have better things to do than make up stories. If I had plain shot the dog and was wrong, I would step up and say, "fine. I did it", but there is way more to the incident than I did it..the police said I had the right to defend, so suprised when this developed into charges. Not now, since people like you aren't interested in listening to both sides.
 
Maybe you should investigate the grassy knoll. Do you have a Zapruter film?

Another possibility is space aliens. Since everyone was in agreement about your killing the dog at first, then, all of a sudden, everyone was making up stories in line with each other.

Maybe you should move.

or

maybe this is all just a hilarious episode of Punk'd or Candid Camera, and it'll turn out the dead dog was really a dolly.
 
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