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Author Topic: PLEASE HELP!!!!!!!  (Read 3025 times)
nollkamperc
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« Reply #20 on: August 26, 2009, 10:15:11 pm »

I mean i dont know how they woould consider them live stock when some of them are wild. They are cross breed between domestic and wild but they all run free.
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Swine Stoppers
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« Reply #21 on: August 26, 2009, 10:15:40 pm »

Being pened up of not doesnt change the fact that he owned the pigs......... He has the right to protect his livestock(pigs) but that doesnt included beating a dog to death with a pipe. If your cow gets out of the pasture it is still YOUR cow................
That depends if someone hits it in there vehicle then nope.  Grin
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Silverton Boar Dogs
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« Reply #22 on: August 26, 2009, 10:15:59 pm »

I am checking on the pipe...
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sm159144
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« Reply #23 on: August 26, 2009, 10:19:02 pm »

I really don't think the pens should have anything to do with it. This is odd but it's the truth and falls under the same category. A man was driving down a dirt road by a farm and there was a cow around the corner. He didn't stop in time and hit it. Killed the cow and totaled his truck. The farmer sued but the guy received a check for how much his truck was worth. It's the farmer's fault if the cows are out and not herded back in. Those hogs were on the land you had permission to hunt/own/lease or whatever. If you turn this in to a big organization that specializes in animal abuse and stuff like that, even if him having a pen does matter, I'm sure they can blow this case up and put this guy in jail if he beat your dog to death. Nowaday killing an animal like that is about the same as killing a human being. It was the guys fault for not having "his" hogs in a pen. I would just get ahold of an organization man, they probably can even come up with the funding to fight this thing out for you if you are willing to put in all the time and explaining you will have to do. Main thing is that you have a report that the officer went there with you and witnessed what he also thought to be was a dog that had been beaten to death on a pallet at this crazy guys house.
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« Reply #24 on: August 26, 2009, 10:21:26 pm »

Let me be clear, feral hogs are classed as "exotic Livestock" they belong to the person who's land they are standing on.

In this case it does not matter if the hog in question was feral, domestic, in a pen, or free range.

This means that any dog ,that bays or catches a feral hog on properity that you don't hve permission to hunt, can be killed by the properity owner, his agent, or a witness to the attack.

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Silverton Boar Dogs
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« Reply #25 on: August 26, 2009, 10:36:59 pm »

In the law it says a dog that is attacking livestock/ exotic livestock may be killed, but it doesn't say how it may be killed.

My advise to you is to go talk to the sheriff yourself, and then talk to the DA, Then talk to a local attorney. Your only hope is to be able to prove that your dog was not "attacking" the hog. Anything can happen when you get the ball rolling. You could argue that the lose hogs were an entrapment.

This is a horrible incident and regrettable. I am sorry to have to give you this answer.

Sorry,
Paul T
« Last Edit: August 26, 2009, 10:42:03 pm by Silverton Boar Dogs » Logged

nollkamperc
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« Reply #26 on: August 26, 2009, 10:40:25 pm »

It sucks that can he can get away with it. If they were all penned up and the dogs got in there and hurt them i would think it was my fault. But being they were on the property i was hunting and went to this crazy guys land. I just wish the laws were better. One good way to look at it is the neighbor said i can come hunt his hay field with a gun and shoot all i please. But you cant come by a dog like that ever. Have seen 2 personally that i would consider even close to that good.
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Monteria
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« Reply #27 on: August 26, 2009, 10:44:46 pm »

There is no question that Paul is correct on all counts.

If it were me though, Id try to get a little creative...... Your not going to get a conviction but you might be able to get a little satisfaction from pressing for an animal cruelty charge. If he could beat your dog to death with a pipe, he could have just as easily caught her and tied her out. Id be arguing that as soon as he laid a hand on the dog, it no longer presented a danger to domestic stock, certainly could not have been "attacking it, and at that point he just killed it to be cruel. Id be strummin on heart strings with the DA and local news.

Another thing I would do, if you are absolutely certain that the pigs are domestic crossed with wild, is involve the TAHC and file a report against him. I'm sure that if I did enough digging, I could find several statutes against breeding domestic to wild stock and releasing them into the wild, improper containment of trapped feral hogs, etc. It would not provide direct resolution but it may provide you with some satisfaction and what goes around comes around so....

Steve
« Last Edit: August 26, 2009, 10:47:19 pm by Monteria » Logged
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« Reply #28 on: August 26, 2009, 10:50:35 pm »

Chance

I hope you take Paul's advice and follow up on this. There may or may not be much legally than can be done, but I wouldn't give up. Like Steve had mentioned the other day...talk to sheriff, DA, an attorney, call the news. Raise some he11 over this. Make some things miserable for him.

Sorry for your loss. Where was this?
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nollkamperc
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« Reply #29 on: August 26, 2009, 10:53:41 pm »

Man yall are alot of help i really appreciate everything i want this sob to suffer just like she had to for doing whats he loved. I doubt i will sleep if yall knew what this creepy guy looked like and all the crazy crap he said to me right next to the sheriff. Asking me where i lived my dads name. Saying i am lucky the cop told him not to get his gun. That he would press charges for tresspassing and hurting his hogs. I am sick to my stomach
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« Reply #30 on: August 26, 2009, 10:54:02 pm »

It would seem to me that this would, at minimum, be a civil case, but I would think you may still be able to get law enforcement involved. While it is true that in Texas a person has the right to kill a dog or coyote that is attacking livestock, I would have to say that if the officer who responded to the call documented in his report or recorded what this person said in regards to beating the dog to death with a pipe may be in your favor in a civil suit. You may want to look at;

Texas Penal Code sec. 42.092. Cruelty to Nonlivestock Animals -

(Cool “Torture” includes any act that causes unjustifiable pain or suffering.

(b) A person commits an offense if the person intentionally, knowingly, or recklessly:

(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;

(d) It is a defense to prosecution under this section that:

1) the animal was discovered on the person's property in the act of or after injuring or killing the person's livestock animals or damaging the person's crops and that the person killed or injured the animal at the time of this discovery;

I would think  this person would have to prove that your dog had injured or klilled one of his livestock animals first off, and second that it was justified it BEAT this animal to death. I would not think the law was written to include the killing of an animal in a cruel manner.

I think the advised given by Silverton Boar Dogs is on the mark "My advise to you is to go talk to the sheriff yourself, and then talk to the DA."

Sorry for your loss, and best of luck to you.
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cantexduck
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« Reply #31 on: August 26, 2009, 10:57:53 pm »

   Call everyone under the sun tomorrow. Write down who you call, what they.you said in the conversation. E-mail those people to follow up on friday. You only need one person to get the ball rolling.
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« Reply #32 on: August 26, 2009, 11:01:44 pm »

Don't know where the little face thing came from, but there is suposed to be a 8 there. Sorry about that.
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Monteria
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« Reply #33 on: August 26, 2009, 11:02:43 pm »

Another thought concerning the TAHC and a little revenge......

70 some odd percent of all feral hogs in TX have pseudorabies. If they are in fact cross bred and running free, I would catch 4 or 5 of them in a live trap (you don't want to be killing another mans domestic stock now), have your vet draw blood and send it to ATM for testing. Guaranteed that some will come back positive and you will get a call from the TAHC in short order. The TAHC will ask you to identify the physical location of the pigs, which you give them willfully of course. They will quarantine and order the destruction of every pig on the property. Additionally, they may site him for improper containment, release of previously captured feral hogs etc.

Trust me, I know this one from personal experience...... 23 wild hogs ordered destroyed and burned after trying to do the right thing and spending <$400 on tests......

Steve
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nollkamperc
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« Reply #34 on: August 26, 2009, 11:03:29 pm »

This happened off 181 in elemendorf tx. South of san antonio about 20 miles
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nollkamperc
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« Reply #35 on: August 26, 2009, 11:08:15 pm »

Thats what i dont understand the only reason he has these pigs is to make money he is a broke man. He has people come shoot them often. But gets mad when is neighbor has paid hunters that come out and elminate them. He gets mad calls the game warden but they cant do anything because they free roam. Which is why i am confused if they are livestock cause if a cow comes onto to your property they cant be shot you have to leave them.
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cantexduck
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« Reply #36 on: August 26, 2009, 11:16:12 pm »

Thats what i dont understand the only reason he has these pigs is to make money he is a broke man. He has people come shoot them often. But gets mad when is neighbor has paid hunters that come out and elminate them. He gets mad calls the game warden but they cant do anything because they free roam. Which is why i am confused if they are livestock cause if a cow comes onto to your property they cant be shot you have to leave them.

 BUT, if that cow started stomping your dogs, you can kill it. 
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« Reply #37 on: August 26, 2009, 11:16:37 pm »

it makes me sick to think of a good working dog going out in this manner. very sorry for your loss, and i hope you can do something legally to make him pay for such a horrible act. RIP Spice Sad
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nollkamperc
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« Reply #38 on: August 26, 2009, 11:18:08 pm »

Thanks i want to put a stop to him. I am sick
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FcHogDog
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« Reply #39 on: August 26, 2009, 11:20:06 pm »

I dont even know what to say.  I feel really bad for you.
« Last Edit: August 27, 2009, 10:53:15 am by FcHogDog » Logged

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