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KS: Dog let loose, Kills Chickens, is Shot
Gun Watch ^ | 6 February, 2015 | Dean Weingarten

Posted on 02/08/2015 4:49:27 AM PST by marktwain


In Kansas, a dog owner deliberately let his dogs run loose and unsupervised.  At least one of the two dogs, a 90 lb, 10 month old Presa Canario, attacked a neighbor's chickens, killing some.   The neighbor called animal control, then grabbed a shotgun and went to defend his livestock.   The Presa Canario charged at him, and he shot and killed the marauding animal.  
Shawnee County Sheriff press release:

Upon arrival the Animal Control Officer learned that a Presa Canario breed dog attacked and killed fowl livestock and charged at the fowl livestock owner when he attempted to stop the attack. The owner of the fowl livestock shot and killed the dog before Animal Control arrived.
Killing dogs that are threatening or attacking livestock or humans has long been understood as legitimate and protected under the law.  From nolo.com:
Generally, it's perfectly legal to do anything necessary to stop a dog caught in the act of attacking a person or livestock. A dog's owner is not legally entitled to any money from someone who injures or kills the dog while protecting a person or farm animal from attack. Nor is the person guilty of a criminal offense; many animal cruelty laws specifically exempt the act of injuring or killing a dog in these circumstances.
Kansas law is particularily clear.  It not only allows the livestock owner to kill a dog caught in the act, but to kill a dog after the attack, in a "reasonable time".
 For example, a Kansas jury vindicated a farmer who shot and wounded a dog he found attacking his hogs. He shot at the dog, but it ran away, with the farmer in hot pursuit in his pickup. The dog ran home, where the farmer shot it twice and left it hiding, wounded, under the house. When the dog's owner came home, he rushed the dog to a veterinarian; it eventually recovered. The owner sued for almost $8,000, but the jury came back with a verdict for the farmer. (McDonald v. Bauman, 433 P.2d 437 (1967).) The Kansas statute allows a livestock owner to kill a dog that has been found injuring livestock "a reasonable time" before.
 Owners are responsible for the actions of their animals.   It does not matter if there is a leash law in the jurisdiction where the attack occurs;  the owner is still responsible for damage caused by their animal.  In a strange inversion of responsibility, the breeder of the Presa Canario has put up a "Justice for Marley!!" petition that makes rather extravagant claims, considering that the breeder was not there.   The claims contradict the Sheriff's press release, but confirm that the dogs were deliberately let loose and unattended.  One of the claims is:
However, no chickens were harmed or killed,
How the breeder would know this, as they were not present, is not explained.  

 

This is the Presa Canario that was shot.  The ears appear to be cropped, as is common for this breed.  The breed originally started out as a war dog.  Several attacks on people are listed in the wiki article, but it is impossible to know if the attacks are more or less common than for other breeds.

The breeder of the dog said that they would look into a civil action against the man who was protecting his chickens and himself.  From cjonline.com:
I will be speaking to a lawyer on Monday to see if anything can be done in civil court, and all I’m wanting is justice for Marley.
It seems unlikely that the breeder would have grounds for a lawsuit.  She had already sold the dog, so she no longer has a property interest in it.  In any case, it seems more likely that the owner of the chickens would have a valid claim for damages, as he has dead chickens directly caused by the actions of the dog's owners.

Dogs act differently around other people when their owners are not there.  They act differently when they are with other dogs than when they are alone.  Many dog owners think of their animals as differently shaped humans.  They are not.  They are animals and the animal's owner is generally responsible for the actions of their property.  If the chickens in this case had gone to the dog owner's property and caused damages, such as making a mess, that property owner would be able to claim damages against the chicken's owner.

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


TOPICS: Government; Pets/Animals; Politics; Society
KEYWORDS: banglist; dog; ks; selfdefense
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To: marktwain

Animal owners are responsible for the actions of their animals.

The same can be said of Islam.


41 posted on 02/08/2015 7:38:18 AM PST by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Dr. Sivana

I recall reading an engineering text published around 1905 (I guess) that was about railway track construction. The author had a section on cost estimating for labor and touched on labor hiring concerns. It pretty much said that the well-informed Division Engineer will not allow his Superintendents to mix Italian and Irish in their trackgangs as the Irish are drunks and like to fistfight, and the Italians are hotheads that will oblige the Irish. It also outright said that, while they are strong workers, Negros need to be supervised closely by foremen as they have a habit of stealing chickens from the property owners adjacent to the right-of-way. It wasn’t racist... it was just the simple fact of running a productive Maintenance of Way Department on the railroad.


42 posted on 02/08/2015 7:49:12 AM PST by Rodamala
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To: Delta 21

Exactly what I was going to say to that moronic statement. He DID get justice, just like Mike Brown.


43 posted on 02/08/2015 7:58:33 AM PST by the OlLine Rebel (Common sense is an uncommon virtue./Federal-run medical care is as good as state-run DMVs.)
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To: ridesthemiles

I know an old lady that shares an old prospector’s log cabin in the Colorado Rockies with a hybrid wolf. He showed up one day out in the high mountain meadow and was socializing with the horses. Not chasing them, just really lonely. Apparently his owners could not handle him... so they dumped him at 1000th on the road over Guanella Pass. “Woofie” is sweet and shy, but part wild and a real handful... he chewed up anything chewable in the house, destroyed the pantry door going after a mouse, and worse, would be locked up in the house when mommy was away and he would go and piss on the woodstove. I would have left him outside.


44 posted on 02/08/2015 7:59:10 AM PST by Rodamala
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To: Erik Latranyi

Good riddance-a person has the right and obligation to protect his property including livestock. I have free range guineas and chickens and of course the sporadic attack and predation by coyotes and foxes. They take one chicken and split. Far worse are the attacks by domestic dogs-they kill all they can and leave them laying. A blue heeler killed 18 guineas in a rampage one morning-neighbor shot and killed him. I see roaming dogs on my place periodically and don’t harm them unless they are attacking my livestock. If they cross that line they get a ticket across the rainbow bridge.


45 posted on 02/08/2015 8:00:55 AM PST by TnTnTn
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To: antidisestablishment

My aunt has a farm. Literally right next door to her paddock area, which includes a big chicken pen, is a small house and yard. She came out for chores one morning to find the neighbor’s little Jack Russell type terrier had killed ALL her 30 chickens. We visited in the season after this and asked her why no chickens. She did not have any hatchlings yet availabe.


46 posted on 02/08/2015 8:03:17 AM PST by the OlLine Rebel (Common sense is an uncommon virtue./Federal-run medical care is as good as state-run DMVs.)
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To: Bogey78O

Hopefully his grandpa never caught grandma banging the Kirby vacuum salesman... would be grounds for shootin’. Heh.


47 posted on 02/08/2015 8:05:21 AM PST by Rodamala
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To: samtheman

I agree. It’s only decent to report it even if you do not know of an owner.

Not all dog owners will pursue it, either.

If you do not report, and the owner finds out, either by some cupircumstantial evidence or you let something slip, I can see one being sued for obfuscation or whatever pertains to lying about what is, after all, another person’s property, as well.


48 posted on 02/08/2015 8:08:21 AM PST by the OlLine Rebel (Common sense is an uncommon virtue./Federal-run medical care is as good as state-run DMVs.)
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To: ridesthemiles

Autocorrect fail. 1000th = eleven thousand feet (elevation).


49 posted on 02/08/2015 8:09:04 AM PST by Rodamala
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To: marktwain

To replace a good laying hen will cost around $30 each in these parts. A good breeding rooster even more. Common sense dictates the dog owner needs to pay damages for loss of livestock and lost income (future unrealized egg production) to chicken owner. Plus any damages to pen and equipment caused by dog. Plus a dead dog disposal fee. Plus cost of ammunition.

The dog could have done even more damage if the owner had not intervened. It ain’t cheap to raise chickens anymore. If the dog is a repeat chicken killer or a continual threat, he needs to be put down.

I am always amazed at the lack of common sense urban liberals exhibit when it comes to running a rural farm and a livestock operation. I wonder if the dog had broken into an urban antique china shop, damaged the inventory, and was killed by the store owner trying to protect his life and property, if they would feel any differently? Would they demand the store owner reimburse the dog owner? I think NOT!

The world has gone to h*ll, particularly in the big cities. Urban liberals think the rest of the world is uncivilized by their progressive standards and superior way of life. Boy are they going to be surprised when the SHTF.

A country boy can survive...


50 posted on 02/08/2015 8:12:15 AM PST by Texicanus (Texas, it's like a whole 'nother country.)
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To: marktwain

Just a point in fact:

When we got chickens, we were a bit concerned about our German Shepherd, as she gets a raw diet of chicken and turkey.

Without any training at all, it was quite amusing to see the chickens get out and peck around her in the yard while she lay outside. She could care less, but...then again, they weren’t running either (her weakness is her prey drive).

Draw your own conclusions, but agreed on the owners of the dog.


51 posted on 02/08/2015 8:14:59 AM PST by logi_cal869 (-cynicus-)
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To: Abathar

You think maybe that got him attention from the cops?

He complains, the cops come, eye around his place. Notice all the dogs that appear to be guarding something. No visible source of income.


52 posted on 02/08/2015 8:26:00 AM PST by Bogey78O (We had a good run. Coulda been great still.)
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To: the OlLine Rebel

No, not exactly. Justice applies only to humans. You’re both wrong (you and the dog’s owner). Justice is irrelevant in this situation.


53 posted on 02/08/2015 8:30:53 AM PST by Henry Hnyellar
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To: Old_Grouch

It was a “wonderful” dog just like yours that chewed through chicken wire and killed my 10 chickens just for the sport of it. Chickens we had raised from 2 days old. If I had caught the dog I would have shot it and if it was still alive I too would have bashed his head in. How ignorant of you to elevate YOUR pet above another’s. You talk of the dead chickens as if they can be replaced but your dog cannot. I think you referred to them as just “ plain white chickens”. Well guess what scooter, your dog is now just a “plain dead dog”.


54 posted on 02/08/2015 8:47:43 AM PST by wheat_grinder
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To: Bogey78O

I think things died in our driveway to be honest, this guy was a pretty big fish supposedly and it was major news when the raid happened.

Would be kind of cool if it was the reason though, never thought about it but the guy was really being a total ass in front of the cops that day. They had to calm him down a couple of times when he started yelling threats about lawyers and stuff.


55 posted on 02/08/2015 9:15:58 AM PST by Abathar (Proudly posting without reading the article carefully since 2004)
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To: marktwain

Those Presa Canario’s are supposed to be one of the most aggressive breeds. Remember that woman that got mauled to death in the hallway of her highrise in I think NYC? Presa’s.


56 posted on 02/08/2015 9:26:53 AM PST by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Abathar

A lot of times cops are looking for crimes with some questions. It may seem innocuous but they pick up on certain profiles that most folk don’t.

They may have asked him about how many dogs he had, which kind, where he was, what kind of work he does, and a whole slew of other leading questions meant to reveal personal information.

Like this. “How many dogs you got there? ... All big dogs? ... Are they trained as guard dogs or just personal pets? ... Must cost a lot to feed them. ... So when they got out you were at work? ... Visiting a friend?”

All the while the cop is thinking “this guy is shady as all hell” and putting the name in the back of his brain as a possible guy to keep an eye out for.


57 posted on 02/08/2015 9:37:33 AM PST by Bogey78O (We had a good run. Coulda been great still.)
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To: Georgia Girl 2

Yes indeed. It was in San Fran, IIRC, and the whole back story involved all kinds of the special weirdness and perversity that San Fran is famous for.

But yeah Presa Canarios are known for their high potential to be especially dangerous.


58 posted on 02/08/2015 9:46:39 AM PST by To Hell With Poverty (All freedom must be transported in bottles of 3 oz or less. - Freeper relictele)
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To: Old_Grouch
Sorry bro, very bad turn of events, but I still have to come down on the side of the neighbor. It sucks, I know. It was a mistake, and a brief one. Still, things happen and the neighbor really wasn't acting maliciously towards you. I'm sure if he knew it was your dog, he would have gotten the animal and held it for you. But he didn't.

God bless you and may He lessen your pain.

59 posted on 02/08/2015 9:58:19 AM PST by Lazamataz (With friends like Boehner, we don't need Democrats. -- Laz A. Mataz, 2015)
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To: To Hell With Poverty

Yes a lot of dogs will kill chickens but the Pitt Bulls and the Presa’s are just dogs that you need to keep contained. Not running around free as they are more likely to go after a person than a wayward Beagle.


60 posted on 02/08/2015 10:00:22 AM PST by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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