Use of deadly force to protect medical service dog - Page 2
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Thread: Use of deadly force to protect medical service dog

  1. partial apology

    Quote Originally Posted by bofh View Post
    So, what you say is that you can't cite a law or a case that supports your position and you offer instead a lot of hand-waving and an irrelevant comparison. Got it. Good luck with that in court, because that's not how this works. That's not how any of this works. Please cite the law that justifies using deadly force against a person to save the live of a service animal.

    A law stating that killing or permanently disabling a service animal is a felony is irrelevant. What you think the law "suggests" is irrelevant. The only relevant statue is that homicide is unlawful, unless explicitly stated otherwise, such as in the case of self defense or defense of another person. It there is such a thing that a service animal is considered such another person, then this must be written in the law. Any interpretation by you what the law "suggests" is irrelevant.

    It is funny that you choose an ill-conceived example using a PD, as police officers often unnecessarily kill service animals. I guess their owners could have lawfully killed those police officers then, right?

    Kansas Cop Kills Army Veteranís Service Dog, then Issues him Two Citations
    San Diego Police Shoot Man's Service Dog Dead After Responding to Domestic Violence Call
    Service dog shot by police officer loses leg, charges against owner dropped
    Service dog died after shot seven times by Pueblo police
    I was relying upon memory,which it seems is defective in this case . Seems service animals aren't considered as persns ( yet ). So if you kill one you can't be charged with murder or manslaughter. Also seems that legal protections extend only to rescue or law enforcement animals .Laws concerning the latter cary but in my state of Texas if you kill a police dog you can be charged with animal cruelty,a third class felony carrying a maximum sentence of two years in prison and a $10 k fine .To answer your question both no they can't. The officer however can be charged with animal cruelty though this seldom happens . What usually happens in these cases is that the PD gets sued.

  3. Seems like my memory is defective on this. Service animals aren't considered as persons (yet). So you can't be charged with murder or manslaughter for killing one. Also seems legal protections are extended only to rescue or law enforcement animals. Laws vary but in my state of Texas if you kill a police dog you can be charged with animal cruelty which carries a maximum sentence of two years and a $10 k fine and is a third class felony. To answer your question bofh no they can't , though the officer can be charged with animal cruelty though this seldom happens. Far more common is the PD gets sued.

  4. Justification is in articulation. Frisco, what do you mean by this? ***GASP***

    If you say "That mothereffer tried to shoot my dog, so I blew his butt away"....then you're going to have a hard time selling it.

    However, if you are forced to fire to stop a deadly attack and articulate it this way: "I was walking with my dog and that man pulled a gun/knife and I was forced to fire to stop his attack. You can see the gun/knife on the ground by his right/left hand. I want to cooperate fully, but I am really shaken up right now and will wait until my legal counsel is present before I answer any more questions".

    You have been totally honest. You WILL be shaken up (but don't try the BS Bubba "faking a heart attack" dodge). You have pointed out critical exculpatory evidence (the gun/knife), and you have asserted your right to remain silent until your lawyer shows up. Then...STFU. At this point, you have hit the brief highlights, placed yourself as the intended victim, and got made the positive claim of self defense.

    Saying NOTHING as some idiots recommend will generally get you into cuffs, into jail, and into a whole metric pantload of charges because the responding officers have NOTHING to go on and an uncooperative suspect who is now standing over a dead body with a smoking gun in their hand. Remember, dipwad attorneys who advocate saying NOTHING are used to defending GUILTY people, not honest people who righteously defended their life against an unprovoked deadly attack.

    There is no time for detached reflection in the face of an upraised knife...if Subject A pulls a knife/gun and you believe you are in "immediate and otherwise unavoidable danger of death or grave bodily harm" then you have the right to act in immediate self defense. Personally, I see no difference in 45 degrees of muzzle angle between pointing a deadly weapon at my dog, or pointing that same weapon at me. See what I am getting at here? You were not "merely defending your property in the form of your dog", you were responding to an immediate deadly threat which you perceived to be directed at you.
    Attached Images Attached Images Use of deadly force to protect medical service dog-woof-woof.png 
    You can't always be safe, but you can always be dangerous.

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