Luring a Dog Into Your Yard to Kill It.

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Latest post Sat, Dec 13 2014 5:52 AM by Kalu. 4 replies.
  • Fri, Dec 12 2014 6:33 PM

    • Kalu
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    Luring a Dog Into Your Yard to Kill It.

    A man and his wife rent a house and move in. They've been there for about five months. The couple hates dogs and cats and have threatened to kill all of them in the neighborhood. This isn't in the city, and there is no leash law. The dog is kept behind a fence. The couple has constantly and consistently provoked, taunted, and teased the dog from behind the fence. The people who own the dog were having the fence repaired and the man took that opportunity to lure the dog out of its yard and into his yard, with food, to try and kill it. He had a stick of some sort and beat the dog until he couldn't swing the stick any longer. The entire neighborhood heard the commotion and by the time everyone got out there it was over.

    A woman and her two very young children witnessed the event in it's entirety. The lady went to the sheriff's department make a report on what she saw and the deputy told her that the man did nothing wrong. Is it not at least animal abuse? I did not know that it wasn't illegal to do that.

    State of MS (Mississippi) 

  • Fri, Dec 12 2014 6:48 PM In reply to

    • DPH
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    Re: Luring a Dog Into Your Yard to Kill It.

    Visit the following website and read up on what can and should be done:

    http://www.hssm.org/how-you-can-help/reporting-abuse-neglect/

    Maybe somebody should lure this guy out into the street and then run over him a few times.  Just saying....

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • Sat, Dec 13 2014 3:37 AM In reply to

    • AARDVARC
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    Re: Luring a Dog Into Your Yard to Kill It.

    The dog is kept behind a fence....and the man took that opportunity to lure the dog out of its yard and into his yard

    So the dog is kept behind a fence...except when it's NOT kept behind a fence. That is the responsibility of the owner, regardless of what the neighbor may do to "lure" the dog anywhere, and regardless of the fence being ineffective during the state of being repaired. If the owner, through their negligence, allows the dog to escape the property, bad things can happen to the dog - not only nasty neighbors, but cars, teenagers with a mean streak, other dogs, etc. In a courtroom, if the dog could get out of the yard for ONE reason, it could get out of the yard for ANY reason. 

    The problem the deputy (and the DA further along anyway) likely had with a criminal charge is that the neighbor likely told the deputy that the dog approached him on his own property and he defended himself against the dog. The neighbor has no burden to retreat from a rogue animal on his own property. WHY the dog went on the man's property generally isn't an element of the crime since the dog's owner has the burden of keeping the dog on their own property and apparantly failed to do so. If the neighbor's actions were inconsistant with self defense, such as securing the dog and then beating it, the witness can certainly attempt to bring their complaint up the deputy's chain of command or even attempt to speak to a DA to see if they'll file charges themselves, but as a general rule, unrestrained dogs are predictably going to come out on the loosing end of some 98% of cases. Sad, and maybe even cruel, but generally both civil and criminal law is pretty clear about both the onus for keeping dogs contained and the ability to defend oneself or others on their own property when that onus isn't met. 

    Very sad for the dog, yet all too common.

     

  • Sat, Dec 13 2014 5:12 AM In reply to

    • Kalu
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    Re: Luring a Dog Into Your Yard to Kill It.

    @DPH - I have filled out the form and am waiting for an answer. And you know what, if someone did run over that guy a few times I would turn my head and go back in my house and leave him lying there. After seeing the viciousness of what he did, I hope he gets what he's due. The lady said he traumatized those two children, and she's very upset about it. I'm grown and it traumatized me. I was shaking and crying for hours afterward. 

    Thank you very much for your reply. 

  • Sat, Dec 13 2014 5:52 AM In reply to

    • Kalu
      Consumer
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    • Joined on Sat, Oct 18 2014
    • MS
    • Posts 15

    Re: Luring a Dog Into Your Yard to Kill It.

    @AARDVARC - Some background on this dog; This dog has never attacked or harmed anyone. It is not vicious. In fact, the dog is a local hero for saving a little girl from being hit by a vehicle. All the children in the neighborhood love this dog, and the dog loves them. Since this man moved in the dog has had to be kept behind the fence for its own protection. But the man still manages to find a way to get to it. An owner can secure a dog a dog but when you have someone intentionally enticing and luring the dog, yes, the dog may get out.  

    So, it's legal for me to walk down a street and find a dog that I don't like and lure him out and try to beat it death? Wow is all I can say to that. Just wow.

    Now for a little background on the man. He is convicted felon. He was also just caught stealing cable from the next door neighbor to whom the dog belonged. He is extremely angry about this and has threatened to kill his neighbor and his neighbor's entire family. Even their cat. And of course the dog that he's been after since he got there. He thinks his neighbor and/or someone in the family turned him in for stealing the cable, but they didn't know about it until he was charged with the crime. All of the provoking and teasing of the dog by this couple is well documented. She goes out into the yard several times a week, carrying a stick, and screams as loud as she can and curses the dog, among many other things. 

    I guess I misunderstood the law when I read it.

    https://www.animallaw.info/statute/ms-cruelty-consolidated-cruelty-statutes

    This section constitutes Mississippi's anti-cruelty and animal fighting provisions, which were recently amended in 2011. The pertinent anti-cruelty law, § 97-41-1, states that any person who intentionally or with criminal negligence overrides, overdrives, overloads, tortures, torments, unjustifiably injures, deprives of necessary sustenance, food, or drink, cruelly beats, or needlessly mutilates any living creature , is guilty of a misdemeanor. The cat and dog cruelty provision, § 97-41-16, was significantly amended in 2011. This section, known as the "Mississippi Dog and Cat Pet Protection Law of 2011," makes it a misdemeanor to intentionally or with criminal negligence wound, deprive of adequate food, water, or shelter, or carry or confine in a cruel manner, any domesticated cat or dog. Aggravated cruelty occurs when a person with malice intentionally tortures, mutilates, maims, burns, starves or disfigures any domesticated dog or cat.


    Article § 97-41-16

    (2)(a) If a person shall intentionally or with criminal negligence wound, deprive of adequate shelter, food or water, or carry or confine in a cruel manner, any domesticated dog or cat, or cause any person to do the same, then he or she shall be guilty of the offense of simple cruelty to a dog or cat. A person who is convicted of the offense of simple cruelty to a dog or cat shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00), or imprisoned not more than six (6) months, or both.

    (b) If a person with malice shall intentionally torture, mutilate, maim, burn, starve or disfigure any domesticated dog or cat, or cause any person to do the same, then he or she shall be guilty of the offense of aggravated cruelty to a dog or cat.

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