Ed Harris Redmond man shoots dog attacking chickens remember me????

I'm so sorry to hear that this is still causing problems with your family. Please let us know if you need any letters, emails or calls made.

I'm beginning to think that there needs to be a legal defense fund set up for people having chicken related legal issues. We could call it the AChLU (American Chicken Liberties Union)
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Edited to Add: I agree that you should counter sue. He's probably thinking that your insurance company won't want to go to court and will just settle. Easy money for him and his lawyer - higher premiums or cancellation for you.
 
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Let us know if there is anything else you need BYCers to do to help. I am asking the heavens to look kindly on you, your family, and your animal family.
 
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You may be joking here, but I have been thinking that it wouldn't be a bad idea for all us chicken folks to unite and create a team that could help to fight miseducation, rights violations, and legal problems when they arise. I can't lead the charge, but if someone has some energy and some knowhow, I think it should be pretty easy to get the support.
 
With now seeing such issues affect a local friend of mine I have become aware of how bad this type of fight is. Completely rediculous! I am happy to write emails for anyone who needs support....
 
Hello all

I have spoken with most our city officials now. I've been asked to speak at the next city council meeting and tell my story. Hoping this may changes some things. We can change thing together you all helped last time. The criminal charges they were dropped. You all have been more than a good neighbor. Please write these people. Tell them to change the laws. Protect the law abiding citizen and punish the law braking dog owner…

Mayor George Endicott
716 SW Evergreen Avenue
Redmond, OR 97756

Councilor Ed Boero
716 SW Evergreen Avenue
Redmond, OR 97756

Councilor Joe Centanni
716 SW Evergreen Avenue
Redmond, OR 97756

Councilor Shirlee Evans
140 NW Dogwood Avenue
Redmond, OR 97756

Councilor Camden King
716 SW Evergreen Ave
Redmond, OR 97756


Councilor Ed Onimus
716 SW Evergreen Avenue
Redmond, OR 97756

Councilor Jay Patrick
716 SW Evergreen Avenue
Redmond, OR 97756

Spoke with the Police Chief Ronnie Roberts and honestly there is not much that can be done. He said the best thing I can do is put a fence up or get rid of the chickens (the risk or liability) I’m going to die before that happens.

Police Chief Ronnie Robert
777 SW Deschutes Ave.
Redmond,OR 97756
 
Spoke with the Police Chief Ronnie Roberts and honestly there is not much that can be done. He said the best thing I can do is put a fence up or get rid of the chickens (the risk or liability) I’m going to die before that happens.

Whaaaat? Why can't they crack down on loose dogs? That makes no sense at all to me, that you are required to do more than the law asks of you and they can just blatantly disobey the laws and let dogs run off-leash! Insanity. I wish you all the best, though.​
 
For the newbies how about a little background. A little letter from your lawyer saying we will fight this and are filing a lawsuit too for: loss of or cost of replacing birds, harassment, defamation of character (if they are speading lies) ect. (a long list I am sure) and all lawyer fees. All future communication or correspondence will only be accepted through our attorney. Make sure they know you intend on seeking payment for all your attorney and court fees in your suit.
 
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Most rural jurisdictions have laws that allow a dog that is harassing stock to be killed. Do those laws hold in the rural part of your county? If not, do they at least hold in other counties in your state? Does your jurisdiction have a leash law? Was Gapp in violation?

It does not sound like you have been keeping your chickens in violation of your local codes (correct me if I'm wrong here) ... so is your police chief suggesting that your chickens constitute an attractive nuisance because they may attract the attention of dogs that are illegaly running at large? That does not sound like an argument that will get him far, as the same could be said for letting your children play in their yard or ride a bike down the street. The fault here was with the dog owner. I would ask the police chief if this is the case. Ask him if he considers the chickens an attractive nusance because they attract the attention of dogs running at large. If he says "yes", ask him if you get rid of the chickens, must you still fence in your children because they are also an attractive nuisance to dogs running at large? He'll suddenly defer to the city attorney, who will know wha the heck an attractive nuisance is, and he'll find himself straightened out on the issue.

I think there's a bit of placing dogs someplace between chickens and people in terms of value and rights going on with your officials. However, unless there is an explicit law to that effect (highly doubtful), dogs are animals in the eyes of the law. So are chickens. They are both property.

As for Gapp getting a lawyer and pursuing civil action, I'm not surprised. If he can get any sort of result, whether it be a judgement or a settlement, he can tell himself it was your fault and not his that his dog ended up dead. The burden of proof is on him regarding his claim that you "hunted" his dog. Your having called the police yourself immediately after the incident, and before Gapp arrived on the scene would cast substatial doubts upon his allegation with any reasonable person. I am not a lawyer, but I can't see him being able to sufficiently substantiate such an accusation to get a judge to agree to a trial. Has Gapp's lawyer told you that they intend to file suit, or is he merely hinting at it and sounding threatening? That might actually be pushing things close to being actionable on your part. Between the false accusation and the mailbox stuffing, he could be getting himself in trouble.

I don't honestly see what he can go after you for. The cost of replacing the dog at most. He's going to be hard pressed to make any believable case for "emotional distress" over a dog he had for about a week, that he cared enough about to let it off leash and out of sight for what, an hour or thereabouts?

Can you post email addresses for the officials you referenced? I'm sure many emails will be sent if you do.
 

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