“At first, I thought it was transmission fluid,” Jessen said. U.S. LawShield is a Legal Defense for Self-Defense Program. It’s gotten kind of out of control.”, Though Skiba photographed blood stains at the Penicks’ house, “on the concrete pad under the second-story deck,” LPCAP concluded “that there was insufficient evidence to show probable cause that animal cruelty was committed.”. Infidel762X51 April 20, … You could be charged with illegal discharge of a firearm or displaying of a firearm. CAN I SHOOT A BLACK BEAR OR MOUNTAIN LION IF IT IS ATTACKING MY DOG OR MY LIVESTOCK? With the choice of evils defense, you’d be able to argue if you were being charged with a crime, that you really had no other choice under the circumstances but to employ the use of deadly force, or to shoot this animal that was coming after you or threatening to attack you. There are several doogs in the neighborhood that roam at night. You have a right to shoot and kill and animal if it is posing a mortal threat to you or your kids. Although most animals people keep as pets are allowed within the City, certain regulations apply to each kind of animal. Jessen said the account Penick gave law enforcement made no sense. “I chased after them. They say if it threatens your life or others, then you're within the law. Durango lawyer Kate Burke, who specializes in animal law, said “people seem to believe that if a dog is on your property, you can shoot it. Whether it's legal to shoot or kill trespassers is one of our most common property law questions. too many to count. If these dogs you are dealing with just seem to be strays or simply wandering the neighborhood, then there is a presumption that someone owns the dog -- even if you don't know who the owner is --- and you could be charged with animal cruelty if you shoot them. A few other times just walking down the road they come out and attempt to attack but don't when you are watching them saying NO!! “Sometimes, it’s because dogs were chasing ranchers’ livestock. Colorado follows “Stand Your Ground” law. All of these bring either misdemeanor or felony range charges and, more importantly, as a collateral consequence you could lose your CCW privileges as result of this. Sign up for text alerts on your mobile phone. Dr. Nannette Wagner-Lockard, who treated Lexi, said the shooting easily could have killed or paralyzed Lexi, given that the bullet entered near her spine and exited through her belly. Last night some of those dogs tore open 3 of my rabbit cages and killed the rabbits. Can I shoot a dog if it is on my property and killing my animals? It is at its weakest if you are only defending your property, not your person. The sheriffs in my experience, really take the offense reports and whatever’s been written in those offense reports as gospel. The following sections describe the regulations that pertain to certain types of animals. Can you give me a bit more background information? “We’ve seen her many times here, many members of our staff. One dog was charging at me, my wife, chasing the cats, and when two pit bulls are running at you, it’s like a mountain lion – you’re just trying to protect yourself as much as possible.”. Whether or not you’ve done this or not in a criminal form. (f) While the dog is working as a hunting dog, herding dog, farm or ranch dog, or predator control dog on the property of or under the control of the dog's owner. Person convicted could also be made to pay for the cost of care of the animal. 1.3 Stand Your Ground law. If you were walking in your neighborhood and a loose dog came out and was threatening you, you would be able to use deadly force to protect yourself against that animal, as long as it was reasonable under the circumstances. “They don’t chain them up. Jessen feared his dog might die after it was shot last week. Click here. “But it was blood. That is, whether or not you can shoot a dog or another animal that is about to attack you or do you have to wait for the animal to actually attack you? I want to talk to you today about an issue that has come up quite a bit lately and has become a problem for one of our U.S. LawShield Members in particular. The nearly fatal shooting of a dog last week in La Plata County is raising questions for neighbors and law enforcement about what constitutes animal cruelty in a county where guns and unleashed animals are facts of rural life. The first three were fine. 9.) But there are exceptions—certain circumstances when people have the legal right to kill a dog. Likewise those construction folks likely are doing work for a company that has a legal easement, that is the right to legally enter and work upon your land to do what they are doing. In an interview, Penick told the Herald that he is a dog-lover, and he shot his gun only to scare the dogs away. “You just can’t go off and shoot somebody’s pet without any warning, like knocking pans together, or yelling at them, talking to their owners.”. What if another dog attacks your dog (while your dog is either out on a walk with you or your dog is on your own property and said dog enters your property) and is killing your dog. I’m going to be searching every square inch of our property for skunks. There is no real necessity defense or affirmative defense in Colorado. In terms of what you could be charged with, there’s a litany of charges. Jon Jessen shows the entry wound from a .22-caliber rifle near the spine of his dog, Lexi. In a supplementary written statement provided to Animal Protection last weekend, Penick offered a more detailed version of events, writing that on pulling into their driveway and getting out of the car, his wife cried out, and he thought she’d “slipped.” Then he saw one dog chasing his cat, “Roy,” into the carport; then there was another dog chasing another one of his cats, Cori. Jessen feared Lexi might die. with local authorities about restrictions on specific poisons and toxicants at your location. If a dog belonging to somewhere else enters a farmer’s land, it amounts to trespass. Sign up for our daily email newsletter or to receive breaking news delivered to your inbox: Choose from several print and digital subscription packages, © 1996–2021 Durango Herald | Ballantine Communications, Inc. All Rights Reserved. Short answer: generally only in self-defense and in fear of bodily harm or death. Jon Jessen drove to his friend Patrick McCauley’s house northeast of Durango, bringing with him three beloved dogs and no small amount of auto-mechanic goodwill: McCauley’s 4Runner was having problems, and as a favor, Jessen agreed to take a look at his truck. An earlier version of this story misstated John Jessen’s relationship with Alicia Coniglio. But usually, it’s about people’s willingness to resort to a firearm before taking some other steps, such as talking to owners or other measures to try and stop unwanted animal behavior.”. My thoughts are what if a skunk is rabid, do I have a legal right to shoot a skunk if I have reason to believe it has rabies & is showing signs of agression. According to La Plata County Code, people have the right to shoot dogs “when no other means can reasonably be employed to prevent death, injury or damage to ... persons, livestock, wildlife or property.”, Durango lawyer Kate Burke, who specializes in animal law, said “people seem to believe that if a dog is on your property, you can shoot it. But the fourth, Lexi – a 6-year-old pit bull mix belonging to Jessen’s girlfriend – was covered with a dark, slippery wetness. It’s kind of a gray area in Colorado law. Jon Jessen, together with his pit bull mix, Lexi, at his Durango home, days after Lexi was shot while running off leash in La Plata County. An injured red-tailed hawk is captured by a Colorado Parks and Wildlife officer. Seconds after Jessen and McCauley heard the gunfire, the dogs came running back. U.S. LawShield is not a law firm. All legal services are provided by independent, third-party program attorneys who are part of the Program. 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