home intrusion scenario question

[ginman]

SCENARIO

House in rural area, middle of the night, front door opens dogs approach barking/growling. Home owner runs half way downstairs lights the situation up with flashlight, sees unknown intruder beating dogs head with blunt object, dog is potentially being killed. Intruder is standing in doorway or on front porch while beating dog to death, home owner fires two shots back to back shots killing intruder. What is the correct way for the home owner to handle this, without endangering himself and being arrested? P.S. He loves his dog like family, so extreme emotion is occuring while he sees dog being killed.

[dls]

I would/may be in fear of the lives of My Family and Myself in that situation.

[clbshooter]

You say the front door opens. Was force used? Invoke you right to an attorney before saying anything to the authorities. Just my 2 cents worth. Good luck.

[TRICKSTER]

Timing and basis of this post coincidental? I hope so, but call me sceptical.

http://www.lehighvalleylive.com/bethlehem/index.ssf/2011/08/man_salutes_slain_freemansburg.html

[TrailerparkTrash]

Look, most cops out there are not going to "pencil-F$#%" a legitimate home owner who used self defense.

Many cops will ask the home owner (victim), "so, when you came down to rescue your dog, did something perhaps happen that you suddenly perceived that the suspect was now going to turn that blunt object on you?" (If that's what really happened. ) The cop is not going to make something up, but after all the adrenaline, gunsmoke and pandamonium settles down, the cop may ask some questions of a person to jog their memory. Critical incidents happen in a matter of militseconds!

It's pretty easy and REASONABLE to articulate that when you came down to free your dog, the suspect perhaps looked toward your direction with an angry face and took one step toward you with the raised "blunt object" in his hand. This may or may not occur, but it's something you must evaluate in the hypothetical scenario that was presented. Then again, the mere presence of a firearm pointed at the man killing your dog just may deter the suspect too. He may stop his attack, or he may turn his attack toward you. All I'm saying, is be careful and be ready for anything.

[Samuelx]

Timing and basis of this post coincidental? I hope so, but call me sceptical.
http://www.lehighvalleylive.com/beth...emansburg.html

My first thought too - but I think it was coincidentally on purpose...

[monk]

Look, most cops out there are not going to "pencil-F$#%" a legitimate home owner who used self defense.

Many cops will ask the home owner (victim), "so, when you came down to rescue your dog, did something perhaps happen that you suddenly perceived that the suspect was now going to turn that blunt object on you?"

It's pretty easy to feel and also REASONABLE to articulate that when you came down to free your dog, the suspect perhaps looked toward your direction with an angry face and took one step toward you with the raised "blunt object" in his hand. You therefore instantly felt threatened that he was going to kill you. You shot him to stop the threat.

Enough said.

This can be proven wrong by investigators. The angle he fell, how his body was lying, how the dog was positioned, etc. Best to just call an attorney as opposed to attempting to "get your story straight" with LEO.

[ginman]

No relation to article. I live on a farm in a rural area, we had a dog get shot outside of our house earlier in the year. Meth is rampid in the area, we have had tools, a mini dirtbike and some other random items stolen. Recently one of the cousins living on the property has been having serious problems "again" with her tweeker boyfriend. Personally I suspect his group of guys are responsible for the things happening. They are unpredictable and potentially violent. I wont say any names but in the area I live, people know who they are and I dont know why they are still running free. I have found chains cut leading into the backyard and seems like every night I wake up to the dogs barking, I keep them inside now. I could go on for awhile about confrontations and sheriffs being called and finding drugies passed out in the pool house. Needless to say I have grown paranoid, my father in law and I were discussing what we would do if one came into the house. I know the dogs would charge and I know a crowbar would be needed to get through the front door. Calling the attorney would be a must, I just wanted to see what kind of reponses I would get from LEO's, and thank you for the replies.

[G-forceJunkie]

I'm not a cop...but dogs are property, you typically cannot kill someone over property. Now, a forced entry in the night by an armed intruder, I would feel my life was being threatend and act accordingly, dog or no dog.

[Samuelx]

SCENARIO

House in rural area, middle of the night, front door opens dogs approach barking/growling. Home owner runs half way downstairs lights the situation up with flashlight, sees unknown intruder beating dogs head with blunt object, dog is potentially being killed. Intruder is standing in doorway or on front porch while beating dog to death, home owner fires two shots back to back shots killing intruder. What is the correct way for the home owner to handle this, without endangering himself and being arrested? P.S. He loves his dog like family, so extreme emotion is occuring while he sees dog being killed.

No relation to article. I live on a farm in a rural area, we had a dog get shot outside of our house earlier in the year. Meth is rampid in the area, we have had tools, a mini dirtbike and some other random items stolen. Recently one of the cousins living on the property has been having serious problems "again" with her tweeker boyfriend. Personally I suspect his group of guys are responsible for the things happening. They are unpredictable and potentially violent. I wont say any names but in the area I live, people know who they are and I dont know why they are still running free. I have found chains cut leading into the backyard and seems like every night I wake up to the dogs barking, I keep them inside now. I could go on for awhile about confrontations and sheriffs being called and finding drugies passed out in the pool house. Needless to say I have grown paranoid, my father in law and I were discussing what we would do if one came into the house. I know the dogs would charge and I know a crowbar would be needed to get through the front door. Calling the attorney would be a must, I just wanted to see what kind of reponses I would get from LEO's, and thank you for the replies.

With every additional post, I'm suspecting that the story will become more and more convoluted. I think it would be best that you ask someone local (LEO or DA/Deputy DA), who is privy to the COMPLETE situation, as to what your options are. Sounds like having your cousin find another place (far away) to live might be a good start.

[Uriah02]

SCENARIO

House in rural area, middle of the night, front door opens dogs approach barking/growling. Home owner runs half way downstairs lights the situation up with flashlight, sees unknown intruder beating dogs head with blunt object, dog is potentially being killed. Intruder is standing in doorway or on front porch while beating dog to death, home owner fires two shots back to back shots killing intruder. What is the correct way for the home owner to handle this, without endangering himself and being arrested? P.S. He loves his dog like family, so extreme emotion is occuring while he sees dog being killed.

The way this is written is as though the home owner is shooting to save the life of the pet. A pet however much pet owners will contest this, is not a person and therefore not entitled to the sitipulations to use lethal force against if being attacked. Now if the home owner got the attention of the attack and the attacker ceased hostilities from the animal to the home owner, good shoot. It is not a clean shoot to attack someone for attacking your or anyone else's pet.

[Jwood562]

" Damn the intruder was coming at me and yelled he was going to kill me!"

[TrailerparkTrash]

Exactly whay jwood said above. I also think that the question should be answere by an experienced cop or criminal defense or prosecuting attorney. Everyone else is just speculating.

[johnthomas]

I'm not a cop...but dogs are property, you typically cannot kill someone over property. Now, a forced entry in the night by an armed intruder, I would feel my life was being threatend and act accordingly, dog or no dog.

In California you are correct. Most of us feel differently about our pets, but they are not family members. In the eyes of the law, it is no different than killing someone that is stealing a can of corn, you cannot kill over property.

[socalocalypse]

You want to meet your maker and explain to Him why you took a man's life over an animal?

The best advice I've heard is say at most 'I was afraid for my life. I won't answer questiins without an attorney'

Just my 2 cents, sorry I don't have a good legal answer but in this state I think you'd get jailed since a dog is property. In Texas you could beat criminal but good luck beating the civil case.

Shooting someone, no matter the cause, is a good way to wreck your life.

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