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That's the only way to stop this kind of thing.

No, it's not the only way. The dog's owner could have cared enough about it to keep it out of the yard of a neighbor who owns other animals. Granted, the guy shouldn't have used a mallet to kill a little-bitty weiner dog that probably wouldn't hurt a flea, and he's probably a few sandwiches short of a picnic.

But what if it had been a pit bull or a Rottweiler in his yard? Could/should he have assumed the worst and killed the dog without penalty? The law doesn't make distinctions on the breed or the size of a trespassing animal, so if the guy would have been right in killing a sinister-looking large dog, how can he be penalized legally for killing an ankle-biter?

In my opinion the charges are baseless and should be dismissed. The cop who wrote the summons probably only did it because the dog's [irresponsible] owner was wailing like a banshee over the dead dog and the cop didn't want the owner's anger directed at him. The guy with the mallet protected his property, his animals, from a potential threat that was not supposed to be in his yard. Again, to qualify, the guy is still wrong for killing such a little dog, unless it was actually attacking one of his own animals, which I don't believe it was. Him being a veterinarian only amplifies his impropriety.

Great job! I really didn't imagine anyone could be as persuasive as you have been on behalf of this jerk. You make some good points, I must say.

I still think it's important that an example be set. Fining or jailing him for a while might deter some people, but only those who learned about it. Feeding him to dogs would get more publicity (I think) and would send just the right message to others. I'm sorry, but that's just the way I feel about this.

This story doesn't pass "Even the most Rudimentary" "Smell Test!"

There MUST be a "Lawyer" in there--somewhere!

None of the "Miniature" pet Species are a Credible Threat to ANYTHING!

The ONLY "miniature" threat to ANY LIVING CREATURE is a "Miniature Lawyer!!"

Doc

Good post.

Be prepared for extreme whacko feedback. Too many people at FR are more than willing to usurp anything that is yours, just because they believe "they have rights". These whackos don't care about anyone else besides themselves and will resist to the death the concept that they have a responsibility to their fellow citizens.

This has already been evidenced by some of the responses to this article.

The cop who wrote the summons probably only did it because the dog's [irresponsible] owner was wailing like a banshee over the dead dog and the cop didn't want the owner's anger directed at him. The guy with the mallet protected his property, his animals, from a potential threat that was not supposed to be in his yard.
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You don't get it. Despite the law, people feel that their dogs are members of the family. AND, it's the court judge who put the charge on the vet after he was originally released without charges. Beyond that, if the guy was so interested in protecting his yard and had chickens and rabbits there, why didn't he fence his yard? After all, anything that attracts interest can be considered "an attractive nuisance" (a legal term). If your kid wanders in the vet's yard should he have permssion to beat your boy with a stick? No? Why not?

The law doesn't make distinctions on the breed or the size of a trespassing animal, so if the guy would have been right in killing a sinister-looking large dog, how can he be penalized legally for killing an ankle-biter?

Interesting rationale. What if the lab was a puppy?