If neighbor poisoned our birds, what can I do?

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Yep
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I can hardly wrap my head around anyone pouring poison into another's yard. I do understand 'bad' neighbors. There are not always two sides to every neighbor problem except, perhaps, in the 'bad' neighbor's mind.

I wish you, FFF, all the best in reaching a livable solution to your 'neighbor' problem. 'Twon't be easy.

Love, Linn B (aka Smart Red) Gardening zone 5a - 4b in south-est, central-est Wisconsin
 
Sorry to hear about all this. You have suffered damages. It is quite apparent that the local authorities don't know what to do, or are unwilling to prosecute criminally, which falls on the D.A.'s shoulders as he advises them on what cases he feels are winnable seeing as the county foots the bill for prosecution.

I also concur with several other poster's that something just doesn't sit right. This is a man and his wife whom by all accounts has been more than cordial throughout your 8 year neighbor relationship. Yet now, he is poisoning your livestock. Perhaps age, sickness, or something else has a hold on him. your alternative is to sue him civilly or in small claims.

I believe it is a BIG stretch to call it attempted murder or even child endangerment when he put poison on his side of the fence even though a tiny amount if even measurable was found on your side.

I think the real damages you suffered are the monetary replacement value of your fowl plus the feed to get them to that point. If you go into a court of law with PETA and start crying murder, you will have just lessened your chances with a judge in my opinion. I know you have children, and I know you won't be eating or selling your birds to anyone lest you make the issue much worse because of your knowledge.

I also would think that by now you would have erected a fence of some sort a few feet away from the property line so that your birds can again be free with no possibility of sticking their neck out so to speak.
 
My point was that regardless what is said when lawyers get hold of your case there are no guarantees and DA's know this all too well and most likely they will not spend the resources on a low profile case. If it were a dog then yes they would be all over it.
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If you read through all the posts you will see that he has already admitted doing this to kill the chickens. He has told this to the police. Hf e has threatened to continue to the Dept. of Ag. officer. The grain is gopher bait and it is not legal to put it on the top of the ground. Gophers will not come eat it on top of the ground. The package says using it improperly is against federal law. That's why he's getting citations from Dept. of Ag.

And, (just venting more, sorry), IF our birds were getting on his property, why did he need to bait them where they could reach it from ours. If he stood 10 ft on his side and poured out grain, the birds would go over there if they could. But they can't.
 
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He sounds like someone who lived near me, he didn't like the birds flying over his land (wild birds that is) because they dropped feathers on his land. If the OPS neigbour wants to live in a prissey perfect land where no one has any animal he doesn't like and wants the perfect (unnatural lawn) then why didn't he choose the appropriate place to live a prissey homeowners association. He didn't do that he chose to live in an agricultural zone and in these areas farm animals will be found to expect them not to be there is stupid.
 
But I knew there was more to the story. I'm sorry you are going through this, but you might take this opportunity to take an objective look at your "farm" and how it might impact your neighbors. Maybe the trespassing with the arrows was the final straw

‘I still stand by my comment that you need to objectively look at the entire situation to see what may have triggered this inappropriate, illegal behavior. It can NOT be entirely "I'm right, He's wrong"‘

... Seriously. The neighbor put STRYCHNINE in her yard.He did not put rat poison or anti freeze, he put Strychnine above ground in her yard where her children, animals and food source is.

Strychnine is a white, odorless, bitter crystalline powder that can be taken by mouth, inhaled (breathed in), or mixed in a solution and given intravenously (injected directly into a vein).
Strychnine is a strong poison; only a small amount is needed to produce severe effects in people. Strychnine poisoning can cause extremely serious adverse health effects, including death.
http://www.bt.cdc.gov/agent/strychnine/basics/facts.asp

http://docs.google.com/viewer?a=v&q...4SgvQ_&sig=AHIEtbTbqSoX5i7uQHPIUNsga-tK30RlJA


This is the same poison that was used to kill off the wolf population.


It is a violation of Federal law to use this product in a manner inconsistent with its labeling

From the label (same warning on all brands) http://www.bugspray.net/labels/martins_gopher_bait_label.pdf
 
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I've been following this thread from the beginning, and I must say I found it very disturbing. Freezefamily, I'm so sorry you're going through this.

I also must say that although it's undeniable that every disagreement has two sides, it is absolutely ridiculous to see people on here trying to rationalize this person's behavior. He intentionally put poison on BOTH sides of the fence (pictures proved that) and there have been tests done to prove there was poison. So there isn't much to dispute with those facts, nor the fact that he would know there's twin toddlers next door. The poultry next door appears to have become such an obsession, an enemy, that he went to crazy measures to get rid of them. There is no excuse for it. Poisoning something is a terrible way for it to die, and for this to be done to someone else's pets/livestock/food source is unexcusable. I am glad that freezefamily is taking every measure possible to make sure the neighbor is held accountable, because something just isn't right with that person.... And something isn't right about these posts trying to defend that behavior.

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From the label (same warning on all brands) http://www.bugspray.net/labels/martins_gopher_bait_label.pdf
 
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X2.

Trespassing? With arrows? Really? Good thing her kids didn't kick a soccer ball over the fence or accidentally hit a softball through a window, because when they went to retrieve it and pay for the damages, I guess he'd be fully justified with shooting them in self defense after an unprovoked sports assault.

I'd agree with the poster who suggested to allow that he might be suffering dementia, because he's not a stable, law-abiding citizen. If he is - maybe a call to his rational dentist son to suggest commiting him before he hurts himself or someone else. If he's not, prison, fines, and restitution are the correct avenues.

Edit: and if it were rat poison (Arsenic) or antifreeze, I'd feel the same way. Bait, trap, or even mine your own property if you wish, but this guy poisoned his neighbor's property as well as their fenceline with the intent of enticing her animals to be poisoned.

Edit #2... and the mischevious side of me thinks that a broadcast spreader and 100lbs of dandelion or white clover seeds would be great props for a midnight party.
 
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