Pups on the Ground

[12-GAUGE]

I'm very sorry to hear this. Press charges! You owe it to the dog.

[007pennpal]

You should press charges and sue, because your other dogs need protection. I don't like calling cops or lawsuits, but outlaw justice can get you into trouble. Neighbor problems are tough. You can't just go stomp em like I used to.
Sean

[schnell]

In court their statement would be "i was defending my livestock", which is the standard justification/defense here.

NM is wierd though and has a "fence out" law regarding livestock intrusions. My UKC hound is technically livestock, also. That gives enough room for a hostile argument in front of a judge in civil court. Which would go which ever way the judge felt that day. This course would only make it more difficult neighborhood wise.

However, he did effectively steal my livestock, by killing and burying it on his property. A sherrif could be sent over to investigate theft of my livestock, which could invoke criminal charges. This was witnessed by the other neighbor who told me. Even with collars removed he can be ID'd by the microchip, without me having to do a positive ID on his corpse. In such a case I would merely be the victim and a witness, not the plaintif.

This is just me mulling it over after crying for two days. Though, I'm not an attorney, I've certainly paid a few. Courts are long and painful, for both sides, usually.

I think some friendly, (ie not me) neighborhood communication might get the point across. My neighbors across the street are livid, because they had been looking for their dog for three days, before finding the guy in the process of carrying my dog to it's grave. They stopped because they thought he had a calf that needed help. They told him it was my hound, then came and told me that evening after simmering over it.

There's an elementary school on the other side of the street across the way about 100 yards, where my hound was probably shot. If half the neighborhood is pissed AND there's an elementary school he's shooting next to he'll be a short timer in this region.

This is a rural neighborhood where folks have horses and cows in their yards. Mostly a pastoral community. Not many folks, word gets around.

Sorry to conjecture, just kinda trying to purge my mind and order my thoughts. I'm pretty sad.

[nmplott]

Dogs are not livestock, and unfortunately the livestock inspector will completely back up the neighbor. A chicken has higher value along the livestock tree. Sad but true.

[schnell]

That's kinda what I figured.

I've pretty much come around to the realization that I'm the negligent party. My critter was in their space - my fault.

I'll still try to do the friendly neigbor thing and request that he contact me if there's ever a future hound loose, provide my number, offer a reward for recovery, etc.

Unfortunatley, even though I was home, the wind blew my gate ajar several times that day (I reset it a couple times). I think Bacchus just went out the front as it was blown loose. Couple hours later and I had my upset neighbor (not the shooter) from across the street telling me what happened.

I believe I heard his dog shot about a week ago. I heard gunfire (3 shots) from a rifle and thought it was in my yard about 8 or 9 o'clock in the morning. I grabbed a weapon, investigated, counted my critters and looked around. It sounded as if someone had been shooting from the road into my yard. All was well in my yard, didn't see anyone, so did a once over and came back in. Now, I'm pretty sure he was shooting across the street on the lot backstopped by the elementary school. There are a couple cows there. The neighbor who came and told me, "lost" his dog that day.

After looking over the laws, there's not much in my favor. The only actionable item is him discharging firearms within 150 yards of our houses and the school. (6 houses + school) This could be worked with. But i still think some friendly community encouragement will go farther than lawfare.

I think I should mourn, and then make damn sure I keep my hounds in order from now on.

He spent >$0.25 to destroy my <$2500 and years of effort. With relative immunity. It's a lesson I wont soon forget.

[12-GAUGE]

If you don't believe that the law looks down upon shooting a firearm within close confines of a school, you are sadly mistaken. You are trying to justify your neighbors ignorance. The law should be contacted, and this should be investigated by them. Even if he has to take the day off to appear in court, it at least leaves a message. Being kind to this type of person is why they continue to do it. There are no penalties for them. If it happened to me, it would have never been posted, and the neighbor would know my name above all others. They would hide anytime I came around. Write that down.

[JJL]

By the sounds of it he's shooting everyones dogs in the neighborhood. If it was my neighbor hood there would be one hell of a bomb fire. BRING MARSHMELLOWS!!

[schnell]

If you don't believe that the law looks down upon shooting a firearm within close confines of a school, you are sadly mistaken. You are trying to justify your neighbors ignorance.

I think you misunderstood me.

My point is that I have no civil case under NM statutes. The state of NM, however, may have a criminal case against him for the inappropriate gunfire.

If I call the sherrif and say "he shot my dog in his yard", I will likely be warned or cited.
If I call the sherrif and say "this guy is shooting next to our house and the school", then the sherrif has something to work with.

I know it sounds nitpickin' but NM law is not like the other states, and not subtly either, it's tradition is based on Spanish law. It has more in common with the old Napoleonic codes represented in La than any other state in the USA.

The law should be contacted, and this should be investigated by them.

I agree.

Even if he has to take the day off to appear in court, it at least leaves a message. Being kind to this type of person is why they continue to do it. There are no penalties for them.

Kindess to the cruel is cruelty to the kind.

By the sounds of it he's shooting everyones dogs in the neighborhood.

Yep. But now the whole neighborhood knows about it and it's no longer an anonymous action.

[schnell]

There's been some expansion of this topic in my thread "are hounds livestock?" in the general forum.

[007pennpal]

Well, whatever happens, I'm sorry you lost your dog. And, I'm glad you posted this. It might help me prethink future reactions to bad things. Hopeful I can have half the self control you have. Doesn't mean I won't stomp the crap out of somebody, but at least I can think about how not to get caught first.
Sean

[schnell]

Thanks 007.

[hounds343]

yea do you have any males left and how do you go about gettin ahold of you , about gettin one booked , my name is scott and im interrested in two male pups, you can call me at 970-428-2263 , and would love to hear from you