While on a walk to baseball with my daughter we were attacked by two labs while were running loose. I killed one with my baseball bat. The police are threatening to charge me. What can I do?

Question

A situation happened to me and my family a couple of weeks ago that has me puzzled about law enforcement. It started with my wife my, two children, and myself walking our 2 GSDs. We live in a small town and about 1 block from our house our neighbors 2 labs rushed us. They were both snarling with their hair raised up on their backs. We were on a public sidewalk and I grabbed my kids and put them behind myself and my big male GSD. My male did not growl or snarl and the hair never did raise up but he would not budge. Finally the owner of the dogs came running out and grabbed their dogs. I told them that we were going to have to come back by to get home and please tie them up. They called me a few choice names and it really made me mad. Cussing at me in front of my children who are only 4 and 6 and who were also scared to tears. I decided to call the law and make a report in case something like this ever happened again.

I spoke to our county police station who pretty much blew me off, telling me that it would be handled by the county dog catcher. 2 days ago, my 6 year old was riding her bike past the house when the dogs went after her. I was about 10 steps behind her and told her to stop as I thought that she had put them in prey drive, and then I started to whistle to get them away from her without trying to get them in a frenzy. Here they came and CRACK, I hit the first on with the aluminum ball bat that I had been carrying. { She was on her way to T-Ball practice}.Anyway the dog never moved again, and the other one ran off. The owners of the dog had been watching the whole thing from their house, and came running out to see about their dead dog. I was very upset that they had witnessed the whole thing and had not come out to help me and my daughter, and I told them so. Now I am a dog lover but if a dog acts aggressive I am not going to wait around and see if it is going to bite my family or not.

Anyway we went to practice and while we were there the cops showed up. They wanted to ask me a couple of questions about what had happened. Here I am coaching 12 little girls and now they want to know about the dog.

It turns out that the owner of the dogs had been issued 5 tickets for their dogs running loose. Also the dogs had bitten their own son and they still kept them and did not tie them up. I am being sued by the owners and might also have to face charges of cruelty to animals, since the dogs did not actually bite my daughter. The county dog catcher said that the dogs were overly playful and that they would not bite but were just trying to play.

Is it this way all over the United States or am I just being screwed? I forgot to mention that the owner of the dogs just happens to be on the county board, which writes the checks for the police dept. What would you have done?

Eric

Accepted Answer

I would begin by contacting you District attorney. I would write a detailed report explaining the history of the situation. Write how you knew these dogs were dangerous, that you had already been attacked once. Write in detail how you were in fear of your daughters life and your life when you hit the dog. You stress this issue. You also stress the total lack of interest by the police officers that you complained to on the first attack – go and see if you can locate the person you talked to and name them.

See what the DA’s attitude is. If it’s not good then you tell the DA that you are going to go to the newspaper and the Mayor. If the dogs owner thinks they are going to sue you – then you sue him. The best defense is a well laid out offense.