Someone Who Shoots Another Person’s Dog
A man shot a dog and was arrested and convicted of mistreatment of an animal. The man admitted to shooting the dog, although he originally claimed that he hit the dog with his car. The man believed that the dog was wild. The vet who examined the dog found bullet fragments in the dog’s brain and nasal cavity but no damage to the dog’s nose, which led the vet to conclude that the barrel of the gun was inserted into the dog’s nose before the dog was shot.
The magistrate court ordered a sentence of six months in jail with work release. The judge found the conduct to be cruel, malice, and no purpose. The judge stated, “I don’t think I can imagine a more senseless, meaningless gesture.” The magistrate then concluded that a jail sentence would serve to deter others from such conduct in the future.
The court noted that a sentence of confinement is reasonable if it appears at the time of sentencing that confinement is necessary “to accomplish the primary objective of protecting society and to achieve any or all of the related goals of deterrence, rehabilitation or retribution applicable to a given case.”
The man argues that because his act did not threaten the safety of a person, but was an act against a dog, he should not be subject to the punishment imposed by the court. We do not believe society’s legitimate interest in punishing and deterring the inhumane acts committed by the man is so slight as he suggests.
Despite the man’s most recent account that killing the dog was merely an instance of poor judgment or recklessness, we emphasize that the man pled guilty to acting “maliciously.” Moreover, the physical evidence introduced at the sentencing hearing shows that he intentionally committed the act of shoving the barrel of a gun up the nose of a dog he happened to find, and firing it. The impact of this type of conduct upon dog owners is often traumatic, particularly where, as here, the dog was regarded as a member of the family.
Dog Bite Attorneys at Brent Gordon Law Firm
Brent Gordon Law has the dog bite lawyers you need to help settle your case. We are experienced, trusted attorneys in the Pocatello and Idaho Falls areas who have handled many dog bite cases. Do not hesitate to call our law firm for a free consultation. We can usually tell you over the phone if you have a good case.
You Pay Nothing Until We Win Your Case
Idaho Falls Law Office
Our Idaho Falls, Idaho law office services clients in and surrounding Idaho Falls, including for injuries and accidents in Ammon, Rigby, injuries and accidents in Shelley and Blackfoot, and injuries and accidents in Rexburg. If you are looking for an attorney in the Idaho Falls area, visit or call our Idaho Falls office now. 3423 Merlin Dr., Idaho Falls, ID 83404 Phone:(208) 552-0467
Gordon Law Idaho Falls
Pocatello Law Office
Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation.151 North 3rd, Suite 202A Pocatello, ID 83204 Phone:(208)232-7274
Gordon Law Pocatello
Brent Gordon Law
Southeast Idaho Personal Injury Attorney Idaho Falls Personal Injury Attorney Pocatello Personal Injury Attorney Blackfoot Personal Injury Attorney Rexburg Personal Injury Attorney Rigby Personal Injury Attorney Car Accidents Worker's Compensation Semi Truck Accidents Motorcycle Accidents Wrongful Death Dog Bite Injuries Slip and Fall Accidents Bicycle Accidents Site Map