Can I shoot a dog if it is on my property and killing my animals? I saw the other dog standing there, so I shot a second time into the dirt bank to scare them off.”. She said Bayfield Animal Hospital gets dogs with bullet injuries several times a year. Can you shoot that other dog to stop it from killing your dog? Sign up for our daily email newsletter or to receive breaking news delivered to your inbox: Choose from several print and digital subscription packages, © 1996–2021 Durango Herald | Ballantine Communications, Inc. All Rights Reserved. If you were walking in your neighborhood and a loose dog came out and was threatening you, you would be able to use deadly force to protect yourself against that animal, as long as it was reasonable under the circumstances. What one person may perceive as threatening behavior, I just may see a dog being a dog.”. Getting your license back with the Sheriff is an administrative process. What’s the secret to pairing beer with food? Seconds after Jessen and McCauley heard the gunfire, the dogs came running back. Is a new grocery store in Durango’s future? (6) Nothing in this section shall be construed to: (a) Affect any other cause of action predicated on other negligence, intentional tort, outrageous conduct, or other theories; But they don’t stop or notice these nuances: If you or your livestock is in imminent danger, and you’ve tried everything else, only then can you shoot.”, Jon Patla, director of Animal Protection, said the law is “very subjective. By law, a livestock (e.g., hog or cattle) or poultry owner, or his agent, who observes a dog pursuing or worrying his animals, may kill the dog without civil or criminal liability (CGS § 22-358). This is true even though you may have been violating a leash law by allowing your dog to wander onto your neighbor's property. “At first, I thought it was transmission fluid,” Jessen said. One dog was charging at me, my wife, chasing the cats, and when two pit bulls are running at you, it’s like a mountain lion – you’re just trying to protect yourself as much as possible.”. | Terms of Use | Privacy Policy. In terms of what you could be charged with, there’s a litany of charges. “Sometimes, it’s because dogs were chasing ranchers’ livestock. However, if you could articulate that you were in fear that the attacking animal was going to turn its attention and aggression towards you, then you would be able to assert the use of deadly force in self-defense. And that can be more difficult than you would imagine because the sheriff isn’t necessarily bound by the same burden of proof that the DA is bound by, when they are trying to prove this. They say if it threatens your life or others, then you're within the law. If these dogs you are dealing with just seem to be strays or simply wandering the neighborhood, then there is a presumption that someone owns the dog -- even if you don't know who the owner is --- and you could be charged with animal cruelty if you shoot them. Nobody knows if the dog was NOT a mortal threat to you. ... "I do not think there is a law that says you can shoot … Short answer: generally only in self-defense and in fear of bodily harm or death. “But we’ve had troubles in this area. According to the La Plata County Animal Protection incident report that evening, McCauley told officer Gary Skiba that “Penick had made multiple threats in the past, stating that dogs and even people might get shot if they were on his property or if people were using ATVs on the subdivision roads.”. Your ability to use deadly force is at its peak if you are in your home. Reply Link. Civil lawsuits are more successful, he said, citing a 2013 jury that awarded one woman $235 after a man shot and killed her dog after it ran onto his property and killed two of his chickens. The Durango Demons and Bayfield Wolverines girls basketball teams started the 2021 season on Tuesday afternoon at Durango High School. In these states, all of our products and services are underwritten by one of the following Fortegra Companies, depending on the state: Lyndon Southern Insurance Company, Response Indemnity Company of California, Blue Ridge Indemnity Company, and Insurance Company of the South, and are administered by U.S. Law Shield, LLC. Click here. Is this a injures, or administers poison to an animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner's effective consent. Wagner-Lockhard said in terms of temperament, Lexi is a sweet, friendly dog who is calm with strangers. In fact, technically speaking a homeowner doesn't have per se right to shoot even a thief. In the meantime, the men popped the truck’s hood. But unless your dog was posing an immediate threat, there was probably no legal justification for shooting her. Under Colorado law, there’s no specific statute that allows you to discharge a firearm on any animal that’s either attacking you or attacking your dog. So, if a dog is about to attack you or another person, you can rely on necessity to shoot that dog. “I didn’t mean to kill any dogs,” he said. We live in the country, and people dump dogs here and let them run around without tags,” he said. “They don’t chain them up. Can you shoot a dog on your property? Make sure you contact us at U.S. LawShield or me directly at my office, always happy to talk to U.S. LawShield Members about this or anything else. with local authorities about restrictions on specific poisons and toxicants at your location. The arrest shows that you can't shoot a dog just because it doesn't belong on your property. She’d been shot with a .22 caliber.”. too many to count. They could also face criminal charges, including animal cruelty or criminal property damage. Immediately, McCauley suspected his neighbor, Larry Penick, had shot Lexi. This Colorado section contains the anti-cruelty and animal fighting laws. But the law in Colorado would allow you to use self-defense, including deadly force to protect yourself or a third party from what you reasonably believe to be the use of deadly force by another person, or in this situation, an animal. And there are dogs I would put into the aggressive category. Lexi certainly isn’t one of them.”. A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, or otherwise mistreats or neglects any animal. This is Colorado’s “Make My Day” law. You don’t have to wait for the dog’s teeth to sink in before necessity kicks in. Is it a felony to shoot a loose dog on your property in the state of texas. Sherry, who was at the interview, said Larry had “shot into the air.”, At this point, according to the incident report, Larry Penick “corrected his wife, saying he had shot into a dirt bank,” and, “if I hit a dog, it would have been a miracle.”. You have a right to shoot and kill and animal if it is posing a mortal threat to you or your kids. An earlier version of this story misstated John Jessen’s relationship with Alicia Coniglio. Statute 33-3-106 • Black bears and mountain lions CAN NOT be destroyed when they are causing damage to personal property, including pets. Intentionally torturing a dog or cat is a Class C Felony punishable with a fine of up to $5,000 and/or imprisonment up to 10 years. An injured red-tailed hawk is captured by a Colorado Parks and Wildlife officer. The following sections describe the regulations that pertain to certain types of animals. For the next 15 minutes, the dogs roamed out of sight, as Jessen and McCauley busied themselves with the inner workings of McCauley’s grumpy vehicle. “We’ve seen her many times here, many members of our staff. In a supplementary written statement provided to Animal Protection last weekend, Penick offered a more detailed version of events, writing that on pulling into their driveway and getting out of the car, his wife cried out, and he thought she’d “slipped.” Then he saw one dog chasing his cat, “Roy,” into the carport; then there was another dog chasing another one of his cats, Cori. Report a paper delivery issue/suspend delivery. (f) While the dog is working as a hunting dog, herding dog, farm or ranch dog, or predator control dog on the property of or under the control of the dog's owner. 100% of U.S. LawShield’s insurance administration, technology, and customer service is provided here, in the USA. “But it was blood. Sanus. A person commit… All legal services are provided by independent, third-party program attorneys who are part of the Program. Colorado follows “Stand Your Ground” law. Now, there are other affirmative defenses you could use. During the interview with Skiba, Penick said, he’d arrived home with his wife, Sherry. If the animal isn't a threat, police ask that you call 911. I want to talk to you today about an issue that has come up quite a bit lately and has become a problem for one of our U.S. LawShield Members in particular. Infidel762X51 April 20, … A few other times just walking down the road they come out and attempt to attack but don't when you are watching them saying NO!! I turned and shot into the ground to scare it off. “I chased after them. The next day, Penick told Skiba that he had shot a gun but denied shooting at two dogs that were on his property. The dog accrued hundreds of dollars in veterinary bills. This law allows you to defend yourself without retreating from a fight, first. And while we normally don't think of animal trespassers in this light, perhaps we should. Ok the neighbor is an animal rescue lady however they are so overwelmed with dogs that some run free other day two tried to sneak up on me and bite me. 1.3 Stand Your Ground law. And we’ve had situations where clients are acquitted or the charges are dismissed, and then we’ve got to go back to the sheriff and try to get their license back, their CCW back. Last night some of those dogs tore open 3 of my rabbit cages and killed the rabbits. (Found this article, after first researching rabies from the Colorado P & W site.). What if another dog attacks your dog (while your dog is either out on a walk with you or your dog is on your own property and said dog enters your property) and is killing your dog. After the shooting, Jessen and his girlfriend, Alicia Coniglio, rushed Lexi to Bayfield Animal Hospital. You could be charged with illegal discharge of a firearm or displaying of a firearm. Durango lawyer Kate Burke, who specializes in animal law, said “people seem to believe that if a dog is on your property, you can shoot it. Jessen said the account Penick gave law enforcement made no sense. There is no real necessity defense or affirmative defense in Colorado. Dr. Nannette Wagner-Lockard, who treated Lexi, said the shooting easily could have killed or paralyzed Lexi, given that the bullet entered near her spine and exited through her belly. This site uses Akismet to reduce spam. They also told the guy that if you shoot a dog, with or without a collar, you have to report it … That is, whether or not you can shoot a dog or another animal that is about to attack you or do you have to wait for the animal to actually attack you? Sign up for text alerts on your mobile phone. Fortegra Companies are rated A- (Excellent) for financial strength and operating performance by A.M. Best. It’s kind of a gray area in Colorado law. Can you give me a bit more background information? Penick said he was glad Lexi had survived. You asked what the law is concerning vicious dogs that attack and kill livestock and other animals. According to La Plata County Code, people have the right to shoot dogs “when no other means can reasonably be employed to prevent death, injury or damage to ... persons, livestock, wildlife or property.”, Durango lawyer Kate Burke, who specializes in animal law, said “people seem to believe that if a dog is on your property, you can shoot it. Immediately, they started frolicking with McCauley’s dog, and soon, all the dogs were running around. Whether it's legal to shoot or kill trespassers is one of our most common property law questions. With the choice of evils defense, you’d be able to argue if you were being charged with a crime, that you really had no other choice under the circumstances but to employ the use of deadly force, or to shoot this animal that was coming after you or threatening to attack you. I have run them off several time. Then, the men heard gunshots: bang, bang. Patla said while dog shootings are not uncommon in La Plata County, it’s rare for authorities to bring animal-cruelty charges. We are proud to say U.S. LawShield is underwritten by a Fortegra Company in many states. All of these bring either misdemeanor or felony range charges and, more importantly, as a collateral consequence you could lose your CCW privileges as result of this. U.S. LawShield is not a law firm. Updated: Thursday, Feb. 19, 2015 4:03 AM, Gallery: Durango basketball teams take on Centauri, Gallery: Bayfield at Durango girls basketball. Also if somebody denies it was (the owner, animal rights groups and other assorted riff-raff) you have the law on your side if you are on your property. Now, you would not be able to articulate a reasonable explanation to law enforcement if you were just using deadly force or discharging your firearm to protect your own dog. If they come back and try to get the rest can I shoot them legally? ! Likewise those construction folks likely are doing work for a company that has a legal easement, that is the right to legally enter and work upon your land to do what they are doing. Learn how your comment data is processed. What’s better, a cupcake or a gluten-free cupcake? Everyday Heroes and Your Home Defense Guide to Calling 911, Larceny, Robbery, & Burglary: 3 Perils of Shopping | California, Theft, Robbery, & Burglary: 3 Perils of Shopping | Illinois, Theft & Robbery: 2 Perils of Shopping | Pennsylvania. Whether or not you’ve done this or not in a criminal form. Shelley wishes his neighbor would have called him. “You just can’t go off and shoot somebody’s pet without any warning, like knocking pans together, or yelling at them, talking to their owners.”. But the fourth, Lexi – a 6-year-old pit bull mix belonging to Jessen’s girlfriend – was covered with a dark, slippery wetness. Membership in the U.S. LawShield Legal Defense for Self-Defense Program is not a guarantee of any particular outcome. U.S. LawShield is a Legal Defense for Self-Defense Program. In an interview, Penick told the Herald that he is a dog-lover, and he shot his gun only to scare the dogs away. Although most animals people keep as pets are allowed within the City, certain regulations apply to each kind of animal. It’s gotten kind of out of control.”, Though Skiba photographed blood stains at the Penicks’ house, “on the concrete pad under the second-story deck,” LPCAP concluded “that there was insufficient evidence to show probable cause that animal cruelty was committed.”. My thoughts are what if a skunk is rabid, do I have a legal right to shoot a skunk if I have reason to believe it has rabies & is showing signs of agression. Under Colorado law, there’s no specific statute that allows you to discharge a firearm on any animal that’s either attacking you or attacking your dog. The nearly fatal shooting of a dog last week in La Plata County is raising questions for neighbors and law enforcement about what constitutes animal cruelty in a county where guns and unleashed animals are facts of rural life. He said one dog, which he described as a “mongrel looking” and “speckly,” attacked Sherry and his cats. It is at its weakest if you are only defending your property, not your person. Under most (probably all) common law States in the United States the general answer is that no a neighbor does not have the right to shoot anyone or a dog just because they trespass. Jessen feared Lexi might die. He said he hadn’t tried shooing the dogs away or making a loud noise. “It certainly appears that she was shot from above,” she said. Instead, we have something called the choice of evils. He called the game commission and the people there told them point-blank that if you see a dog chasing deer on your property, not only should you shoot the dog but you have an obligation to do so. On arriving at Chelsey Acres on Florida Road (County Road 240) last Monday, Jessen let his three dogs bound out of the car. Person convicted could also be made to pay for the cost of care of the animal. Jon Jessen shows the entry wound from a .22-caliber rifle near the spine of his dog, Lexi. But there are exceptions—certain circumstances when people have the legal right to kill a dog. The first three were fine. Aktualności; Usługi; Specjaliści; Galeria; Kontakt; Diety; can you shoot a dog on your property in colorado Some of these exceptions are written into state and local laws, while courts have recognized others. Jon Jessen, together with his pit bull mix, Lexi, at his Durango home, days after Lexi was shot while running off leash in La Plata County. CAN I SHOOT A BLACK BEAR OR MOUNTAIN LION IF IT IS ATTACKING MY DOG OR MY LIVESTOCK? 9.) However, police say it depends on the situation as to when you can kill an animal. Doug Richards here for U.S. LawShield of Colorado. Jon Jessen drove to his friend Patrick McCauley’s house northeast of Durango, bringing with him three beloved dogs and no small amount of auto-mechanic goodwill: McCauley’s 4Runner was having problems, and as a favor, Jessen agreed to take a look at his truck. DurangoHigh School girls and boys basketball teams take on Centauri High School on Tuesday night at DHS. Proposed Durango lodgers tax increase to make April ballot, Avalanche danger suspends search for missing skiers near Silverton, 8th Ave. Tavern shooting suspect faces seven counts of attempted murder, Suspects arrested at gunpoint face charges, Durango police say, Our View: Good customer service is literally remarkable. It ran around me and towards the road. 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