Too Bad it wasn’t a pit bull
The AP:
Brad Hackenberger insists he didn’t want to shoot his neighbor’s yellow Labrador retriever when it came onto his farm 3 1/2 years ago, but the dog’s aggressive actions toward him and his own cocker spaniel Luke gave him little choice.
But because Hackenberger used a “deadly weapon” _ in his case, a .22 rifle kept around the Juniata County grain farm to shoot groundhogs and squirrels _ Hackenberger received a sentence of six months to two years for cruelty to animals, an offense that did not normally involve jail time.
The judge imposed the deadly weapons enhancement, which calls for increased penalties, despite Hackenberger’s lawyer’s insistence it should only apply to cases with human victims. Hackenberger appealed the ruling to the state Supreme Court, which on Nov. 19 upheld the sentence in a 5-2 decision.
So, he shot a dog on his property and it is a crime? Good God, New Jersey sucks. I am amazed that they mentioned the breed in this article. It’s usually rare, unless it’s a pit bull.
But Juniata County District Attorney Andrew L. Winder disputes Hackenberger’s self-defense claim.
“The jury didn’t buy it,” Winder said.
Attorney David Barron, who handled Hackenberger’s appeal, said the decision sets a precedent that could be applied to a number of other crimes where guns or even knives are involved.
First, I don’t think there was a crime here. Second, if the dog he shot happened to be a pit bull, I bet the jury would have been convinced pretty quickly.
December 11th, 2003 at 11:01 am
I wonder if he was driving a “polluting/evil/ sentient” SUV when he decided to shoot the dog?
December 11th, 2003 at 11:58 am
So if your dog got onto your neighbor’s property, and your neighbor shot it, you would be okay with this? No crime?
I should note that I was attacked by a dog when I was 10 or 12 years old, and it was a golden retriever. People insist I must be crazy, because goldens are supposedly the best-tempered dogs ever to walk the face of the earth, but I still have a scar to prove it. I try not to hold it against the breed, but I’m still not a big golden fan because of it. 🙂
December 11th, 2003 at 12:02 pm
Actually, golden retrievers score lower on the temperment test than pit bulls.
If my dog is running loose, it is my fault. Also, as indicated in the story, if the dog attacked my neighbors they are absolutely justified in shooting it. In fact, if it’s on their property, they are justified in removing it. Most neighbors would call the owner or animal control.
But all my neighbors love my dogs. They’d just invite them in for some treats.
December 14th, 2003 at 9:30 pm
I think this is in Pennsylvania. New Jersey doesn’t have a Juniata County. Still sucks thou.
February 6th, 2004 at 4:22 pm
To add to SayUncle’s post, Golden Retrievers are higher on the “dogs that bite” list. I own a American Pit Bull Terrier and know this breed extremely well. My dog has about a 1/100th of the viciousness of the 2 Goldens that my neighbors own who live 3 houses down from mine.
Regardless, in the state I reside in, and most states for that fact, you have the right to use deadly force if you, your family or your livestock are in danger.