shoot a dog in defense & go to jail

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  • Kirk Freeman

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    Mar 9, 2008
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    Lafayette, Indiana
    The media often misreports cases. I've been in several where I have asked my co-counsel "just what trial was that reporter attending".:D

    Good lesson to remind us all not to be so quick on the trigger. If I see dogs, I'm just going inside and call the cops. I'm not rushing to the threat to put myself in the jail going zone.
     

    Kirk Freeman

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    Mar 9, 2008
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    Lafayette, Indiana
    a problem is, in some counties I have called the Sheriff about roaming dogs and been told "just shoot them". a problem is, in some counties I have called the Sheriff about roaming dogs and been told "just shoot them".

    Which counties are these? Who told you? The receptionist who also tells people that the Lifetime LTCH is going away?

    What have I told you about listening to the legal advice of cops?

    Do you know what the police technique of "sucking in" is?:D It's like baiting but a little different.
     
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    Jul 3, 2008
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    central indiana
    The media often misreports cases. I've been in several where I have asked my co-counsel "just what trial was that reporter attending".:D

    Good lesson to remind us all not to be so quick on the trigger. If I see dogs, I'm just going inside and call the cops. I'm not rushing to the threat to put myself in the jail going zone.

    but what if there is no "inside" we don't know how big of a property Yerk was on & how far from his tractor was he?

    Last time I had to shoot dogs I was 1/4 mile from the nearest road, in thick brush, and had 3 dogs coming at me..

    it was a stray pack, but I did not have time to check them for tags..
     

    femurphy77

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    30   0   0
    Mar 5, 2009
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    S.E. of disorder
    Is this the same shooting incident from last year in which the two property owners had exchanged words on several ocassions about the dog issue ? IIRC the shooter told dog owner he would shoot the dogs on sight the next time they came on the property. It was investigated and there was some vague evidence that the shooter dragged the corpses onto his property to coroborate his story. Vague memory, tired typer, maybe not the same incident but the names seemed familiar.
     

    foszoe

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    24   0   0
    Jun 2, 2011
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    The media often misreports cases. I've been in several where I have asked my co-counsel "just what trial was that reporter attending".:D

    Good lesson to remind us all not to be so quick on the trigger. If I see dogs, I'm just going inside and call the cops. I'm not rushing to the threat to put myself in the jail going zone.

    What if the dog has one of your chickens hangin out of its mouth?
     

    Kirk Freeman

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    9   0   0
    Mar 9, 2008
    48,074
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    Lafayette, Indiana
    but what if there is no "inside" we don't know how big of a property Yerk was on & how far from his tractor was he?

    If no inside then it is not helpful to run towards the danger with your gun.

    Yes, we do know how far he was from his tractor he was as the TV-18 report (if accurate) said he was working on it when he grabbed his gun and moved toward the dogs.

    Remember, other people love their dogs, often more than their children. No matter in what capacity you use your firearms there will be consequences. We need to be ready for those consequences.
     

    chasekerion4

    Sharpshooter
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    14   0   0
    I would offer the following points...

    First, the story says 59 year old. The reporter in the video says 89. Obviously she dropped the ball on that one.

    This will certainly not be a popular opinion here, but I see it as a man going to investigate like he had authority. He asked for a conviction when he went after something that he might not have had any business going after.

    Nowhere does it say the dogs were on his property. The story says he went to a field. Who's field?

    There must be more to this story, or the shoddy reporting simply left out a lot of facts.

    There's a reason he was convicted, and I get the feeling it's not because the dogs stormed onto his property towards him as though he was completely caught off guard and innocent.
     
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    Oct 11, 2011
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    1
    That law was passed recently due to many hunting dogs leaving the property they were hunting on and get shot by the other property owner. Dogs dont know where property lines are and sometimes run onto neighboring properties. I was at the Indiana Deer and Turkey show and the DNR was talking about the new law. A person cannot shoot any vertebrae animal out of season (if it has one or not) unless it is damaging property or posing a imediate threat to do harm. So just a dog running on your property does not give you the right to shoot it. Last winter one of our dogs broke out of our fenced in back yard and someone shot it. Never found out who it was. So if I was on the JURY it would have been GUILTY all the way. The shooter went after the dogs with INTENT to do them harm. Case closed!!!
     

    Kutnupe14

    Troll Emeritus
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    Jan 13, 2011
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    +1 to Vitamin K. Now we seem to be getting the real story. I personally don't think I have ever met a "vicious" hunting dog. I'd more than likely drop the gun and rough house a bit with them. Did these dogs "attack" Mr. Yerk, or were the simply on the trail of something. And he both both dogs down with a .22? People with hunting dogs know that they are not only loyal to their owner, but also to one another. If you put one dog down, I assure you that 99% of the time the other one is going to stop whatever it was previously doing and see too its injured companion. Did Yerk take that opportunity to take down the other dog? I think there is certainly more to this story, and based on Yerk's other cases, his shooting seems a bit iffy. I think he did it becasue he was mad that they were on his property.
     

    TTravis

    Master
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    1   0   0
    Sep 13, 2011
    1,591
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    Plainfield / Mooresville
    "The owner of the two dogs, Paul Applegate Jr., told the court during the trial he wasn't hunting coyotes on Yerk's property, the two hunting dogs just got away from him."

    Hunting coyotes with dogs???? That is a new one on me. What kind of dogs were they? I thought you hunt coyotes by sneaking up on them or putting out bait and watching them from a blind. I've never tried it myself. The farmers around me are friendly and have no problem with me taking my bird dog for walks through their fields and even doing some shooting if I want to.
     

    Harry2110

    Master
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    2   0   0
    Apr 11, 2011
    1,617
    38
    Indianapolis
    So you can kill a person but not a animal man I hope I could eventually become my AV(part lynx) as then you couldnt even shoot at me(endandged in states and not 100% human).
     

    Homebrew

    Shooter
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    6   0   0
    Oct 18, 2011
    273
    16
    There has to be a lot that is not being mentioned. Kudos to vitamink for that extra info.

    You know, I saw this on the news last night, and none of the family members seemed to upset.
     
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