Had to shoot a dog - WARNING, GRAPHIC CONTENT!

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Kalenth

Hatching
7 Years
May 5, 2012
7
0
9
Granbury, Texas
My Coop
My Coop
First, a hypothetical. If you want to skip to the meat of the matter, scroll down to the **********.

Neighbor A and Neighbor B have known each other a long time. A has a teenager that has been vandalizing B's property. B goes to A and ask that the teenager not be allowed on the property, but A says it's not their place to control the kid. B says if A's kid vandalizes property again, they will call the cops. Later, A's kid goes to B's property, and breaks out a window, B calls the cops and A is furious that B would act this way, seeing it as a personal act against A. Is this strange behavior?



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Well, it's a sad day for us all, and also innevitable. First let me say that, this is a touchy subject. I'm sure it will offend many a reader and I apologize in advance. I'm writing this to get it off my chest, and to put the issue out so I can stop internalizing it. I'm an animal lover. I've got a dog, chicks, I'd raise a lot more if the wife would let me. I have no issues with anyone's animals, I just ask that people be neighborly to one another... so on with the show.

My brother and I have been close for years. So close that I bought a house 400 feet from his weekend home on the lake. My wife and I moved in, cleaned up, and bought a small flock to use for egg production on our 3 acres. Being a first time chicken owner, protection and safety of my chicks has been a learning experience.

Since I'm here full time, and my brother (and his dog) only come on the weekends, I thought nothing of putting my chickens in a run after they were about two months old. My brother's dog Lacey, being a bird dog, does what comes naturally; comes down to my property and wreaks havok. For a while it was dumping over my trash and dragging it around my lawn, and ended up with her jumping into the run and eating a dozen chickens.

So I bought lockable trashcans. I built a sturdier coop. I gently brought it up to big bro that his dog ate my chickens and dumped trash, and he said nothing. No apology, no locking the dog up on weekends, nothing.

Second flock. 12 more chickens and a much improved coop. During the weekend, I keep them in the coop, hopefully safe from would-be predators. Wrong. Lacey tore into the coop (no easy feat) and managed to destroy five more chickens. At this, I went to my brother and asked for help finding a solution. Locking up the dog, helping me with the coop, or buying new chickens.

I got the typical big bro answer of "don't shoot my dog or else." the "or else" was literally a threat to shoot me. Ok, overreaction... he's big bro and doesn't want to deal with little bro, I get it. He see's this as my problem having chickens, not his problem having a hunting dog run free in a residential area.

Here's where the drama heats up. We're in an HOA. No chickens allowed in the HOA. I'm a rebel. A chicken con. Getting rid of the chicks is an option, but its going to take some time. In the meanwhile, they are here and they are my responsibility. Fast forward another two weekends. Seeing a flurry of feathers outside the house, I go to the front door to see a dog, attacking my chickens. The next moment is pure instinct for this military man. I grab a .22, and shoot at the dog while it runs off, hearing a whimper and assuming I've shot it.

After the incident and another two dead fowl, I call the sheriff and report the incident. I'm outside of city limits, so using a gun isn't an issue here. The sheriff said even having chickens that I'm not supposed to have, I'm in the right protecting my land. Obviously though, that's not an argument I can win with my brother.

Now the details are sketchy, but I've gathered that I shot the dog somewhere that affected it's ability to walk. Surgery was involved. Now we've reached out to the family to say we need to get past this incident, but they seem to think I'm some kind of dog sadist with a vendetta against Lacey. I don't care who's animal it is, I'm just trying to protect my home. Now, being that it's my brothers dog, everything has been complicated 10 fold. Any other dog would have been shot the first time they came on the property and destroyed something. No warning, no debate, just dead dog. I tried to do the neighborly (and brotherly) thing and start a dialog to handle the issue, but with no 2 way debate... that's impossible.

I wish there could have been another solution. I wish my brother would have followed the leash laws and had his dog penned. I wish he could understand that I have a right to protect my property, and I wish that we could put this behind us but I just don't see it happening. It's an unfortunate event that was caused by us both. Him not following a leash law, and me having chicks against HOA policy. But if it's not the chicks, it's the trash, or a car, or a kid... at what point do we have to let family get away with murder, or set a line in the sand and stand firm?
 
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This may sound a little harsh, but at least partially lies at the root of the matter --> it's pretty hard for us to expect other people to "follow the rules" when we're not willing to follow them ourselves. Consider it this way -- if you had been living up to the HOA agreements to begin with (i.e. no chickens allowed), I suspect you wouldn't be having a heartache with your brother/family at the moment.

But -- none of us are saints, and I understand that. We just have to live w/ the consequences of our actions sometimes, and sadly there often aren't a lot of options once we've "jumped off the cliff", even if we're nominally "in the right". Been there & done that personally, too many times... *sigh* Time generally helps to heal things, though, and the good news is that we can usually learn from this sort of stuff and make preparations to avoid that next potential "cliff" in our future.

One idea in this particular case would be to go all out and build a truly dog-proof chicken coop/run for the future. I'm basically thinking "dog kennel" style construction here -- chain link fencing and steel posts or heavy wooden beam framing members. If that sort of thing can hold a dog in, it ought to be able to keep them out as well. I'm a big fan of strong "passive" defence measures like these, since although they may require a little more time/$$$ up front, they generally lead to a lot less effort and more peace of mind down the road. The old saying goes something like "luck and fortune favor the prepared"...
 
It sounds like the dog cant walk any more but it still alive so...problem solved the dog wont come get your birds any more and you brother wont have to worry about it running off! Now go slap your brother for being an a** the first time you told him about the dog!
 
Unless the laws have changed you can legally be charged with animal abuse in Texas. Not for shooting the dog but for not killing it with the first shot or making sure after it was shot it was dead. We came into this problem when my horse was attacked by a neighbors dog. Said nieghbor decided to fix the issue himself. He shot the dog and it escaped into another neighbors property. The dog was taken to the vet by the owners of the property. The dog being microchipped was traced back to the dogs owner. The dogs owner admitted to shooting the dog and why. He ended up with a $200 fine and community service. Granted this was 10 years ago. His crime was not in the shooting of the animal but in making sure it did not suffer.

The law in Texas is definitely different now though I doubt it was ever as you described. A common misconception is that animal cruelty laws are meant to ensure animals are killed humanely. A glance at the statutes of several states, including Texas, reveal that animal cruelty is defined as unjustifiable neglect, injury, or killing of an animal. It no longer (or never did) turns on whether the animal suffered.

Most states only allow veterinarians or euthanasia techs to euthanize injured animals. If you shoot a dog and that stops its attack on livestock, you cannot finish it off nor are you under any legal obligation to do so. In fact, it's possible you will go to prison for doing so. While it may seem like the ethical and traditional thing to do, it's not legal. If you don't believe me, give your state statutes a careful reading and do it with a clear mind.

The Texas statute:

Quote:
Both killing AND injuring an animal fall are considered animal cruelty in Texas. A clean kill exposes you to a charge of animal cruelty just the same as injuring it.


Disclaimer: I am a lawyer but I don't practice animal law. This is not to be construed as legal advice. If in doubt, read your state's laws and consult a local attorney.
 
Wow. That's some story. I'm sorry for all that you are going through. It is sad that your brother has no regard for your chickens. What if you owned, say a bear and it killed his dog? Hypothetical, of course, but how would he feel if something happened to his dog? Can you put up a privacy fence?
 
im guessing A is you B is your brother and KidB is his Dog

in that case you where right but......


you should not have shot the dog

i hate dogs myslef but wouldnt kill an animal just like i wouldnt shoot at a buglar in my property

infact in UK there was thge scandal of the old farmer who shot a burglar and was jailed for life because he staked the burglar out in his own home and shot him dead [buglar was stupid to actually come back]

you mention brother makes is harder 10 nfold im confused as to 2 things

one if your so close to your brother you movce up the road then why some much indifference

ans also its your bother can he not come to a solution

i find neighbours can be real hard to come to an agreement with but my brother easy i ask and we come to an agreement [were brothers after all]



this is a complicated one
 
Burglars are irrelevant to this. This is not a human being, this is a dog killing livestock. What are the laws in your area regarding that? Most places support killing a dog who is harassing livestock or poultry.


Family makes no difference to me in anything. I personally make no special concession for family. Sounds like the brother sure didn't care about family.
hmm.png
I'm sorry for your situation. It's bad enough when it's a neighbor, but with a family member, the other family members will certainly take sides in it.
 
You had to do what you thought it was best to do after you warned your brother or informed your brother of your intent of shooting the dog after it goes after your chickens.

Having chickens in HOA has nothing to do with this setting nor should be counted against you. What if you have pet rabbits and the dog got in a killed it? Same principle. You protect what is yours, your livehood. If it has something to do with HOA, that is YOUR problem and HOA problem, NOT your brother's problem. That would be a different agenda here and not all HOA are created equal.

Brother didn't care about his dog, simply put. He was neglectful about supervising his dog or if the dog repeatly gets out, it is his responsibility to take care of the dog and make sure its secure and so forth.

Who is at fault? The brother that has the dog. No ifs, ands or buts about it.

If possible, put electric wires around the run to keep the dogs away from the chickens.
 
You had to do what you thought it was best to do after you warned your brother or informed your brother of your intent of shooting the dog after it goes after your chickens.

Having chickens in HOA has nothing to do with this setting nor should be counted against you. What if you have pet rabbits and the dog got in a killed it? Same principle. You protect what is yours, your livehood. If it has something to do with HOA, that is YOUR problem and HOA problem, NOT your brother's problem. That would be a different agenda here and not all HOA are created equal.

Brother didn't care about his dog, simply put. He was neglectful about supervising his dog or if the dog repeatly gets out, it is his responsibility to take care of the dog and make sure its secure and so forth.

Who is at fault? The brother that has the dog. No ifs, ands or buts about it.

If possible, put electric wires around the run to keep the dogs away from the chickens.
Agree 100%!! I see you are in Texas, as am I. You have done nothing legally or morally (IMO) wrong. You have a duty as well the right to protect your livestock, HOA rules not withstanding. HOA rules do not have the force of law. They are a civil contract.

http://www.animallaw.info/statutes/stustxhealth_s_822_013.htm

Your brother does, under Texas law owe you for the cost of your birds. (See Sec. (c) in the above statute.)
 
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