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Discussion in 'Legal & Political Archive' started by M67, May 2, 2012.
Estacada man gets jail time for gunning down dog with children nearby | OregonLive.com
As usual, the bureaucratic law is full of crap and the people who enforce it are the scum of the earth.
I have been attacked by dogs. Mace does not work quickly enough. Cops shoot dogs for this same reason, and they carry asps/batons. With the info presented, I hope this guy's atty appeals his sentence.
The quote from the judge is troubling. So if I carry a gun through the course of a day do I intend to use it because I'm carrying it with a "full clip"? Just because I have a gun doesn't mean I'm looking to shoot something/someone.
If you look at the judges statments, she seems a bit out of touch with reality.... Or she is just an anti gun liberal, or both.
"I'm shocked," Norby said. "No one goes out with a full clip (in a gun) to garden unless they intend to use it."
I call B.S. on this. I know lot's of people that legally carry everywhere they go, even in there own home.
"Rapidly firing bullets in a residential neighborhood where children are play is outrageous, Norby said".
Mr Nagle, imo, had great situational awareness. "No human was injured".
"What you did on this day would shock the consciousness" of any community, she said. "It makes me question your mental health."
I question the judges mental health. If you have tried talking to the owner of the dog, to animal control, etc... And they would not help, what choice did he have, but to protect his health and well being?
How long would it have been before some child was a victim of this aggressive dog? How many news reports have you seen of kids, getting killed or mauled by a dog!
609.150 Right to kill dog that harms or chases livestock.
(1) Except as provided in subsection (3) of this section, any dog, whether licensed or not, which, while off the premises owned or under control of its owner, kills, wounds, or injures any livestock not belonging to the master of such dog, is a public nuisance and may be killed immediately by any person. However, nothing in this section applies to any dog acting under the direction of its master, or the agents or employees of such master.
(2) If any dog, not under the control of its owner or keeper, is found chasing or feeding upon the warm carcass of livestock not the property of such owner or keeper it shall be deemed, prima facie, as engaged in killing, wounding or injuring livestock.
(3) No person shall kill any dog for killing, wounding, injuring or chasing chickens upon a public place, highway or within the corporate limits of any city. [Amended by 1975 c.749 s.6]
I value my own skin at least as much as I value my livestock.
the judge is a blithering fool! No one carries a gun without having it fully loaded and perhaps carrying extra fully loaded magazines in the event they do have to use the weapon. This is like saying your had intent to get involved in an automobile accident because you had your keys in the ignition!!
This person is not a judge as she did not make a 'judgement'. She made a non-impartial decision most likely based on her own feelings as opposed to the facts. And her 'full clip' statement is non-factual again, probably based on her own belief (and fear) without any proven or cited statistics. We no longer have Judges - we have liberals who make decisions without considering the facts or laws of the situation but more on their own personal feelings, beliefs and opinions.
I wonder if Ms Judge has a fully loaded fire extinguisher in her kitchen? Or maybe she has it locked up so it cannot be a danger to anyone. Or, just maybe she is so afraid of fire-extinquishers just going off...she doesn't have one at all????
You know, without training and a permission slip from her nanny, fire extinguishers are dangerous.
I sincerely hope Mr. Nagle gets a better lawyer and appeals this. Judge Norby doesn't deserve to be on the bench or even practice law. I wonder where she got her law degree. WeBeLawyers.com?
I heard this on the news this morning and thought this exact same thing. Apparently we are guilty of intending to shoot someone/something if we carry (OC or CC) with a loaded firearm?
so theres something wrong with him for carrying a firearm... dont think so ...
makes me think of barny fife trying to dig his one bullet out of his pocket...
Judge Norby is up for re-election in November. Susie L. Norby - Judgepedia
"[L]arge German Shepherd, a watchdog that would bark and snap."
At 90 lbs the dog's name was "Outlaw", and sometimes "Outlaw" wasn't on a leash.
Seems little to no different than engraving "Make my day" on the barrel of a revolver... Doesn't it?
Anyone else confused or bothered by loose dogs?
I don't give a damn what anyone says, if you want a good dog w/o a leash, get a fenced back yard.
Large dogs can and will be dangerous. If a large dog is uninvited in my back yard and makes threatening gestures, I would try to command it or scare it away first, if that failed, well... Then the dog fails. The owner of the dog should be charged as well...
Next time he should walk a goat to the mailbox?
Seriously that is a little messed up. I thought of a case down in California in which a concealed carry person shot the neighbors dog that charged him in full view of several people on a typical suburban block. The only difference was he was walking his chihuahua. No charges were filed and the LEA stated it was justified. American Bully Shot By Fearful Dog Owner; Pitbull look-a-like shot and killed by man walking his dog. - KTXL
Don't EVEN get me started. For the last several years my fence-line neighbor on the back of my property has had two huge Rottweilers that literally patrolled my fenceline, would lie at the base of the fence and go berserk whenever I was behind my house - kind of like my back yard. I called the Sheriffs dept on several occasions and told them about this and in all honesty nothing had happened yet but with a small child at home I was concerned. They told me the owner could be cited for menacing dogs and whenever I wanted they would send an animal control person out and basically follow me around on my normal pursuits for 15 minutes and if during that time they witnessed what I described they would go slap a $250 per dog fine at the owner. I told them I really did not want to be bad guy here and would try to deal with it on my own but I did add that they needed to understand these dogs were not a couple of Bengies but probably 150 lb + each dogs straight out of hell AND if one or the other ever made it through my fence I would dump it on sight, to which the deputy essentially told me I would have the right to do, If I was threatened by them. They knew about them as they had complaints from other people in the past. Finally about two years ago I was looking out my back window and one of them was halfway under my fence. I told my daughter to stay in the house and I jumped in my pickup and drove down my road and up to the back of his property to as close as I could get and saw the owner standing at the fence line and I told him I had put up with this long enough and he needed to do something about it NOW! I must have made an impression as he apologized and immediately went to work repairing the hole and told me one of the two was ailing (I had previously noticed it limping) and was dying but he was prolonging the inevitable with meds. I softened a little but I was still firm about the length of time I had put up with it and was trying to be the good guy by by not going legal with him. Long story short he finally had the one put down and the other he calls in whenever I am outside and it is barking. Time finally cured a large part of the problem but I'll admit, there were times when frustration drove me to to the point of concocting 'alternative' ways of dealing with the problem.......
I don't understand what reason there would be for the prosecutor to push for charges in the first place, that's just insane
seems like its too late for OFF or anyone else to help?
Had a similar issue a few years back with a rather large Saint Benard the neighbors had. All it took was a .38 fired off and the dog ran from the noise. After that I only needed to clap when it was barking cause I came out my back door or in the yard, would run away pretty quick.
I wish I had it that easy! The Rotts I had to deal with were not intimidated by anything and were obviously bent on getting through my fence and attacking. The sounds coming out of them could have been used as sound effects for a cheap SyFy channel movie and they bounced around like rabid Wolverines whenever I was out. Many times I would leave a beater 12 Ga. prepositioned at my woodshed during the day I knew I could get to quickly if necessary. Vicious dogs are FAR more dangerous than any gun ever was or will be. Beat me up if you want over the worn out excuse of 'No breed is genetically dangerous it's just how they were raised' Well that may VERY well be but if a dog (such as these Rotts) can flip on a dime from being their owners' loving little fur balls to schizo, vicious, slobbering and snarling creatures slamming at a fence JUST because someone opens a door then there is something wrong with them mentally and there is only one answer for that. I had one of those loving fur balls also once - but he was the same when ever anyone was around - probably too friendly but then he was a Black Lab, of good lineage and great disposition. Of all the Labs I have been around only one I encountered in my life concerned me. On the flip side probably 80% of Rotts I have even been around have been of similar disposition as my neighbors. A few years ago I drew down on a charging Rott when I was hiking with my daughter at Fall River Falls. The owner was only a few feet behind and called it back. There are far more vicious dogs now than I ever remember when I was younger. But then again there are far more, shall I say non-mainstream people who seem to be the predominate owners of said dogs also.
RV those Rotts were 'packing up' to hunt you. That's why,when the one died the second one would go inside for the owner.
I am not defending the judge,by any means.From her statements,she is obviously way off base on this
The only thing I see the guy did wrong was to empty his gun on the dog.Heck if the Judge had seen any LEO shootings,where they spay 100 rounds and 3 hit someone,she probably figured he was as bad a shot. Just sayin'
As far as the dog,the guy was afraid of it.That was the other problem. I quit being afraid of dogs when I got my Rot mix and realized how easily the can be taken care of.
Yes you do have to be willing to get bit.
So how would I have dealt with it? Dress appropriately,leather welding jacket and gloves and waited for him to come get me. Wrap your arms with an extra shirt for some cushion
A couple zip ties or duct tape later,you take the dog back home,tell the guy the next time the dog comes back dead.
But there would never be a next time.The dog would run if you came in it's yard.
And yes I have gotten into the middle of dog fights multiple times.Once you are the aggressor they kinda want to stop
Pits and AMSTAFs can be a little different.They don't seem to feel pain,or register pain,I don't know.
But maybe if he had just shot the dog once,instead of emptying the 'clip' ?