No this man should not be prosecuted and here's why...Leash law, leash law, leash law. Every state has one and if you think yours doesn't think again. The dog owners are obviously at fault for not keeping their animals restrained. It's the dog's owners responsibility to keep track of their animals. Everyone has the right to protect their property and if you don't then their is something wrong. Sorry, but I wouldn't take the wait and see approach either, I'm not going to wait until the dogs have killed half (or even one) of my chickens or bit myself or a member of my family. Don't get me wrong, I love dogs, especially mine, but dogs are not people, they are predators and should be treated as such.