My neighbor shot my golden lab, is there anything I can do?

HEARTLESS DOG KILLER, I live in Battleboro, Redoak Area of North Carolina
On Monday May 18,2009 I took my 11 month old Golden retreiver outside to visit his favorite tree. I thought he would be alright for just a moment without the lease.
(An indoor dog otherwise) He slipped from my hands and ran to a neighboring field that is usually
electrified with a few goats inside. The fence had been turned off that day, so my dog ran under it
and stood at a good distance from the goats barking and wagging his tail. I stood at the fence
calling my dog to come back. The land owner pulled into his driveway and got out of his car so,
I purposely called for him louder so this heartless and cruel man would hear that I knew he was in
there and that I was trying to get him. When this man looked at me, I knew he heard me and that he
knew I was getting my dog. I ran back into my house to grab his leash and when I got into my front yard,
this cruel, heartless man shot and killed my dog ON PURPOSE!!!!!!
We called the police but because this menace to society lied and said my dog was hurting
his goats, there is nothing we can do to make this aweful man pay for what he has done.
On many, many occassions, this man’s goats have wondered onto our property eating
countless plants and flowers but, we have always guided them back to their home UNHARMED!!!!!
My dog’s name was Waffles and was the sweetest, most gentle dog I have ever had the pleasure
of knowing. My son saved him from an animal shelter that was about to put him down. I could
never express how deeply we loved him and how much we will miss him. The pain this has caused
me inside has been immensly increased by knowing that such an evil person
can live right in your own back yard without having to answer for his actions,
seeing this man and reliving it through the eyes of three broken hearted children.
I don’t want to hear any critisium, I just want to know if I have a leagal leg to stand on since the owner saw me calling my dog. We had the lab since she was a puppy.

21 Responses to “My neighbor shot my golden lab, is there anything I can do?”

  1. Birddogger Says:

    I’m really sorry about your dog that is truly horrible.

    There’s a couple applicable laws here that can be found here
    http://www.animallaw.info/statutes/stusncst19A_20_130A_201.htm#s67_1

    Shooting a dog, even on your own property is considered felony cruelty to animals. The basis for being able to shoot a dog (even on your property) can be found in these sections:

    Chapter 67. Dogs. Article 1. Owner’s Liability.

    § 67-3. Sheep-killing dogs to be killed

    If any person owning or having any dog that kills sheep or other domestic animals, or that kills a human being, upon satisfactory evidence of the same being made before any judge of the district court in the county, and the owner duly notified thereof, shall refuse to kill it, and shall permit such dog to go at liberty, he shall be guilty of a Class 3 misdemeanor, and the dog may be killed by anyone if found going at large.

    Chapter 67. Dogs. Article 1A. Dangerous Dogs.

    § 67-4.1. Definitions and procedures

    (a) As used in this Article, unless the context clearly requires otherwise and except as modified in subsection (b) of this section, the term:

    (1) "Dangerous dog" means

    a. A dog that:

    1. Without provocation has killed or inflicted severe injury on a person; or

    2. Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of this subsection.

    b. Killed or inflicted severe injury upon a domestic animal when not on the owner’s real property; or

    c. Approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack.

    § 67-14. Mad dogs, dogs killing sheep, etc., may be killed

    Any person may kill any mad dog, and also any dog if he is killing sheep, cattle, hogs, goats, or poultry.

    In all cases, it is only justifiable after an attack has already occurred. There is no provision for killing a dog with suspicion of an imminent attack. His assertion that your dog was threatening to hurt the livestock.

    He can very easily be convicted of felony cruelty to animals unless he can prove that the dog attack and seriously injured one of his animals. He’s also open to civil suit. A man was charged with the felony and the owner was awarded $10,000 in a suit. Go through the police and find a good lawyer.

  2. Aduial Says:

    I am so sorry. That is a horrible! I can’t imagine… I am so sorry.

    You should file a report with the police anyway, even if he lied. Take him to court for animal cruelty.

    I can’t believe someone would do this.

  3. Lisamaree Says:

    Talk to someone at your local animal welfare league, they will be able to help you. While the police can’t help you the Animal Welfare League may be able to launch some sort of civil proceeding.Sorry for the loss of your dog xoxoxox

  4. <3 Chiweenie, Chorkie Says:

    actually you can try to take them to civil court but i doubt you will win because he was on the other mans property, you can try to contact your local aspca and see if they will file cruelty charges on him though! i’m sorry about your loss

  5. Sett K Says:

    Go and shoot him back! That bastard must pay!

  6. nightmusic Says:

    I’m sorry.

  7. moondog Says:

    I’m so sorry you lost your dog in this terrible way. You and your children must be heartbroken.

    Unfortunately the idiot who shot your dog is within his rights. Your dog should not have been on his property or hanging around barking at the darn goats. Sadly you have no legal recourse.

    Next time his goats wander onto your property call animal control to come and take them away.

    If you decide to get another dog fence in a house yard so your dog can be safely contained outside.

    Rest In Peace, Waffles.

  8. Bobby Says:

    i would definitely go to a local aspca or animal cruelty center to see what advice they have because they specialize in things like this… i am really really sorry for what happened.

  9. M C Says:

    I am so sorry for your loss. That is absolutely horrific. I don’t know NC law, but there must be something you could do, like filing a civil suit. I hope that man burns in hell.
    Here is a link to Animal Legal Defense Fund, maybe that can get you started:

    http://www.aldf.org/article.php?list=type&type=3

  10. Allison Says:

    That stupid son of a bitch.
    Excuse my French, but that retard needs to feel what it’s like to lose something so precious to you.

    Please don’t kill his goats or hurt the stupid old man, he’ll pay one day. But that dosen’t mean you can’t put a brown paper bag filled with dog crap, and set it on fire and ring his doorbell and run. God, that makes me so mad.

    I would file a police report anyways, and if your totally clueless about the law, like I am, then I would definitely contact your local animal shelter and ask them about it.

    I am so deeply sorry about your terrible loss. A perfectly healthy, beautiful, sweet, and completely innocent dog had to pay the price because the old man has a screwed up head. Maybe you should light firecrackers and throw them in his yard. Cut his goat’s fence in several different places at about 1 in the morning. Sue him for everything he’s got.

    I cannot believe people can get away with such things. He should be executed. Dogs are equal to humans, kill a dog you pay the death penalty.

    I’m sorry for my negativity and agressive-seeming behavior, it just infuriates me he can get away with something so cruel.

    Once again, I am terribly sorry.

  11. Jareth's Trousers Says:

    I am so sorry. What a dlck! There’s a special circle in Hell reserved for people like that.

    I really don’t know what you can do unfortunately. I would call the cops again and explain the situation. See if you can talk to someone else. Maybe you could talk to a lawyer. Or maybe just take him to small claims court. You don’t need a lawyer for that. I’m not sure if small claims takes cases like this, but I say give it a shot. At least ask. If they say no, then at least you know instead of wondering if you could have done anything.

    My biggest problem with this is that you were right there. It’s not like your dog got out and was being menacing giving the guy no choice but to defend himself and his animals. It’s like this SOB didn’t even give you a chance. What about him letting you into the yard to physically take hold of your dog? It sounds like he was just looking for an excuse which is very disturbing.

    The next time his goats come onto your property, call animal rescue or the cops. I do not by any means want the goats hurt, but perhaps if something could happen so they are taken away from him and given to a sanctuary or petting farm/zoo… Refuse to let him on your property to get his goats back. He can’t enter your property without permission. Post some No Trespassing signs around so he can’t claim whatever he’d try to claim.

  12. cat & jo Says:

    I doubt there is anything you can legally do. You (and your neighbor, if contacted by the police) would have verified that your dog was off leash and on his fenced property. Even if your dog only barked at the goats, that man could have had the legal right to shoot your dog if he felt his goats were threatened or even just said he felt they were threatened.
    Because something is legal does not mean action taken is morally right, but the law is concrete. It does not consider what the man may have been thinking if it spells out that a person can shoot an animal on their property if the person says it was threatening his livestock.
    You are a better person than this man is, because you guided his goats back to his land when they got out. That is the neighborly thing to do. What he did was heartless and not neighborly but probably fell within the bounds of the law in your area.
    If I didn’t love animals, the next time those goats got in my yard, I’d be tempted to have a Barbecue. I wouldn’t suggest that though, because it is not the animals fault, which I know you are aware of.
    I am very sorry to hear about the loss you and your children have had.

  13. catkeypurr Says:

    None, sorry.
    The dog was on his property.
    Morally wrong & legally at fault are two different things.

  14. Diane Says:

    theres a law for animal protection you can file a case against your neighbor

  15. Christina S Says:

    Sorry for your lose i truly am, but you should have ran into that Field to get him leash or not. and you ran into the house you don’t know if your dog went to the goats. he has a right to defend his animals. i don’t know about laws where you are but here your dog can be shot(clean shot) for going near livestock they consider it harassment.
    becasue it was a clean kill (sorry i know thats not the nicest term) and it was to protect his animals he did nothing wrong though a good neighbor would have shot in the air to scare him.
    I am sorry.

  16. Tracy Says:

    I am so so sorry to hear that happened to your poor dog. Your heart must be absolutely broken. It is so sad that there are such cruel heartless jerks in the world like that man. Your dog probably didn’t even have time to hurt his goats. You should see if you could file a report with the police. I do think you have a leg to stand on in court. I am wondering that maybe if you call some one such as the ASPCA or some animal organization such as that they could help you get started on a lawsuit. I understand how devastated you must be. Just remember that you are and incredible pet owner and you took amazing care of your sweet Waffles while he was with you. You gave him a good life. You rescued him. Take care of yourself and I wish you all the best at getting back at that Absolutely evil man. Again, I am so sorry to hear about your loss.

  17. ANGELA H Says:

    I am pretty sure regardless of the fact your dog was on his property that it is illegal to shoot a dog unless it is posing a harm to another animal or person, and he should have the burden of proving with photographic proof and/ or a veterinarian’s testimony or statement that his animals had been injured and needed care. If he cannot prove that your dog was harming his animals it is his word against yours and he can face animal cruelty charges which can result in jail time, fines and removal of all animals from his property and him not being allowed to own an animal ever again. You dog should have been leashed, and you were breaking a leash law technically, or he should have been trained but regardless you should not have been shot. Try getting a conviction on him for this. If you can’t I would shoot his goats next time they come onto your property. If he is not going to get in trouble for shooting your dog how can you get in trouble for shooting his goats?

  18. Shannon Says:

    Today my little maltese was bitten maulted 21 times by my neighbors pitt bull. He almost killed him. He ran out the garage an into their garage because he loves the lady next door. She never said sorry or anything.My poor baby got a fractured leg and stables all over his left side. The laws are not fair. Their dog comes in my yard I am afraid of him and he has jumped slightly at me a few times. I am surely afraid now that he has attacked my dog. He pulls down my trash he roams the neighborhood wth no leash. Animal control of wake county said that we have to take pictures of the dog being out without a leash. Then they can do something.I can’t do anything if the dog comes on my property. This is wrong so if my dog comes back I a afraid he is going to attack him I am afraid if we kill him we could get a charge. What do we do?

  19. Justin Says:

    You can’t do anything, Should be on a leash or fence. We have goats and I would have done the same!

  20. Kristin Says:

    Justin, if a dog was simply barking at your goats you would shoot it? Heartless.

  21. marcia Says:

    I am so sorry for your loss. I have just recently has the same thing happen to me with a neighbor wwho deliberately killed my beautiful 2 1\2 yr. old german shepherdd pure bred that we had since he was nine weeks old. He would not hurt anyone or anything. Just loved to be petted and attention but they shot him and hauled him off in the jwoods and that is how we found him. I had just jgot home from work and let him loose to get exercise and went in the jhouse for something and he was gone and then i started to call and call and told my husband he wasnt comeing and we jboth searched and my husband found him way off in the jwoodss jby the neighbors sfence line shot twice and si did call the cops and filed a report but they didnt even go and ask them any questions or nothing. And their animals have been on my property many of times their horsehas been in our yard numerous of times ands i let them come cand get it and their dog has charged me so many times when i would walk up MY driveway to get the mail but i never once harmed any one of their animals but they shot and killed mine . So I want to express my uheartfelt and sincere sympathy to you and your children because I am still having a hard time of getting over the loss of my dog who jI loved like a child and was more than a dog to me he was a friend and conmpanion and so much more. Sorry for your loss and i truly have to believe that some day they will get their punishment. Thats what keeps me sane.