Gilbert man shoots at family dog after it bites his daughter in face
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Thread: Gilbert man shoots at family dog after it bites his daughter in face

  1. Gilbert man shoots at family dog after it bites his daughter in face

    Gilbert man shoots at family dog after it bites his daughter in face

    by Nathan Gonzalez - Feb. 17, 2010 06:40 AM
    The Arizona Republic

    A Gilbert man faces a felony weapons charge for shooting at his German shepherd after it bit his daughter in the face Sunday.

    Kevin Townsend, 49, was charged with one count of discharging a firearm within town limits, a class 6 felony.

    The incident began about 5:46 p.m. when Townsend's 11-year-old daughter was in the family's backyard on the 2500 block of E. Via De Palmas, north of Riggs and Higley roads, Gilbert police said.

    The dog bit the child on the face, and Townsend allegedly grabbed a gun. He fired "multiple shots" at the dog, but one bullet strayed and broke a window at a nearby house.

    The girl was transported to Gilbert Mercy Hospital with non-life threatening injuries.

    The dog was not harmed, but Townsend arranged for someone else to take it, said Sgt. Mark Marino, a police spokesman.
    NRA Life Member

  2.   
  3. Cool

    He needs a good lawyer and a good jury. His actions may have actually saved his daughters life. A large German Shepherd is a dangerous beast when out of control. Perhaps better shot control would have been easier to defend.

  4. I agreed with you, Alaska444!

    But the AZ's Section Code Law :
    Arizona Revised Statutes §13-3107 Unlawful discharge of firearms; exceptions; classification; definitions

    A. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.

    B. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless the dangerous nature of the felony is charged and proven pursuant to section 13-604, subsection P, the provisions of section 13-702, subsection G apply to this offense.

    C. This section does not apply if the firearm is discharged:

    1. As allowed pursuant to the provisions of chapter 4 of this title.

    2. On a properly supervised range.

    3. In an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief of police, but any such area may be closed when deemed unsafe by the chief of police or the director of the game and fish department.

    4. For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.

    5. By special permit of the chief of police of the municipality.

    6. As required by an animal control officer in the performance of duties as specified in section 9-499.04.

    7. Using blanks.

    8. More than one mile from any occupied structure as defined in section 13-3101.

    9. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.

    D. For the purposes of this section:

    1. "Municipality" means any city or town and includes any property that is fully enclosed within the city or town.

    2. "Properly supervised range" means a range that is operated:

    (a) By a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school, or

    (b) Approved by any agency of the federal government, this state, a county or city within which the range is located or

    (c) With adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property.


    I assumed the police don't recognized the section number 9.


    9. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.
    NRA Life Member

  5. That's the Mesa area, since when do they care about the parts of AZ law that make it legal for you to defend yourself? I know people over there who are harrassed by the Mesa PD for OCing legaly....

  6. #5
    Article does not say what if anything the girl was doing when this happened. Was she pestering the dog. Kids some times can torment a dog until it bits them. Some dogs do not make good family dogs and some people do not make good dog owners.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

  7. #6
    Join Date
    Mar 2010
    Location
    Yuma, AZ
    Posts
    71
    It’s been posted many places on the web and taught by the professionals. If and when you discharge your gun and the police arrive, they are not your friends, regardless of the circumstances!
    For what its worth, I am a former LEO.
    “Monsters are real and so are ghosts. They live inside of us, and sometimes they win.”
    ~ Stephen King

  8. Saber, I am wondering he was doing "self-defense of another person against an animal attacks". That's what the section #9. But he was felony for discharged within city or town, that's silly. Just wondering.
    NRA Life Member

  9. #8
    I would defend my daughter but I wouldn't miss.
    Avidshooter (Texas)
    "The real destroyer of the liberties of the people is he who spreads among them bounties, donations and benefits." -- Plutarch

  10. #9
    Join Date
    Jan 2010
    Location
    Kentucky
    Posts
    699
    Complicated.....

    He's mostly in trouble for missing and shattering a window, by any definition that is negligence.

    If it had not been for that, he probably would have gotten out of trouble.

    Practice, practice, practice.....

    I have to say I agree AvidshooterTX.

    Once he fired the first time and missed, I suspect that the dog was running in fear and his chances of hitting him were greatly lessened at that point. If the dog was running and no longer attacking his daughter, he lost protection under that subsection because the dog was no longer threatening the life of his daughter.

    That being said, I completely understand why he kept shooting at the dog and if it were up to me, I'd let him go. I'd also have the dog captured and put down.

    Sorry to you animal lovers, but I have no tolerance for any animal that attacks a child FOR ANY REASON. This is why I don't have pets.

  11. #10
    Quote Originally Posted by Unfettered Might View Post
    Complicated.....

    He's mostly in trouble for missing and shattering a window, by any definition that is negligence.

    If it had not been for that, he probably would have gotten out of trouble.

    Practice, practice, practice.....

    I have to say I agree AvidshooterTX.

    Once he fired the first time and missed, I suspect that the dog was running in fear and his chances of hitting him were greatly lessened at that point. If the dog was running and no longer attacking his daughter, he lost protection under that subsection because the dog was no longer threatening the life of his daughter.

    That being said, I completely understand why he kept shooting at the dog and if it were up to me, I'd let him go. I'd also have the dog captured and put down.

    Sorry to you animal lovers, but I have no tolerance for any animal that attacks a child FOR ANY REASON. This is why I don't have pets.

    If an animal attack is unprovoked then I agree. There are some dogs that are more dangerous than others. There are however people that are so mean that they abuse and torment an animal long enough until the dog attacks. I have known cases like that. They are the same type of psychos that can beat a baby to death simply because they are just plain evil. There are as I have said some people that should never have animals and also never have children.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

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