Police Shoot Dog, another one, write the Texas Legislature

"police were forced to shoot to death a pit bull dog that was in the backyard when it reportedly approached the officers in a threatening manner"  No LEO of Cleveland, TX, you were NOT forced to draw your weapon and shoot.  You made a choice.  I am sick to death of seeing words to this effect on a nearly daily basis!

"A person commits an offense if the person intentionally, knowingly, or recklessly: (2)  without the owner's effective consent, kill,... an animal" Texas Penal Code Sec. 42.092  LEOs are exempt: "(e)  It is a defense to prosecution under Subsection (b)(2) or (6) that: (2)  the person killed or injured the animal within the scope of the person's employment as a public servant".  In it's great wisdom, the Texas legislature has given blanket approval to public servants to kill our pets without showing the least bit of reason or just cause.  Clearly Texas LEOs take that defense at face value.

1) We need to push our prosecutors to bring charges against these LEOs.  This is an affirmative defense, not a waiver of prosecution.

2) Can the Texas legislature give blanket permission to anyone to destroy our property without cause or due process?  I don't think so.  It needs to be challenged on Constitutional grounds if it hasn't been.  (Admittedly, I haven't had a chance to research this but it just makes my blood boil when I see these regularly shootings of dogs by LEOs.)

3) Write the Texas Legislature and tell them to spell out in the statute when LEOs may or may not kill our pets!

I'm also beyond sick of seeing the term "pit bull" in news reports and used by LEOs to justify killing a dog.  The term "pit bull" is used to describe a HUGE group of dogs from multiple breeds and mixed breed dogs.  The term means NOTHING in defining what type of dog beyond it's general appearance and PRESUMED behavior.  Without further definition and clarification, the term "pit bull" should never be in a law and any law containing it and deferring to the subjective judgment of authorities should be challenged for vagueness and as an impingement of constitutionally protected property rights.

Please see page 4 of the report here. They list Labradors and Goldens as being involved in fatal dog attacks. Retrievers are incredibly powerful dogs.  MOST importantly, read the notation below the chart carefully.  The problem with profiling is you see what you're looking for and create self-fulfilling prophecies.  This report was created to support the BSL proposition.  Ah, and so it does! And yet, there is that list of other breeds, including German Shepherd ABOVE Doberman Pinschers. The problem isn't the breeds, it isn't even the dogs; it's the people who should be training and controlling the dogs. Target those people or they'll just ruin dogs of other breeds and your list of banned breeds will be ever growing.

Don't like a dog's behavior?  Go after the owner who trained them so because any breed of dog can be made vicious and outlawing breeds won't work; only prosecuting the owners will!

More importantly.  If we want to curtail animal abuse, there can't be entire categories of people who are completely exempt without a reasonable cause!  Write those legislators!!!

Go Back



Comment