WARNING: The video is disturbing. But it shows an officer shooting and killing a dog (in her own yard) running away after the first shot. We can lambaste what many refer to as irresponsible owners, but keep in mind that animals can and do escape the pound, vets, rescuers, transporters, trainers and otherwise professional and expert dog handlers. For example, the injured and lost dog in Smyrna we posted about recently who has been wandering the streets for approximately eight years (escaped from animal control according to a former ACO that tried to capture the dog). So, this is a familiar pattern where the Police somehow always determine their own shooting of dogs to be justified, except when someone shoots one of their dogs. By Matt Albert, Attorney: As more and more dogs are getting shot by police, and battle lines are being more and more clearly defined, here are a couple general principles that both dog shooters and advocates would agree upon. This will lead into a brief legal analysis on a recent slaughter of Bella, an 8 year old pit bull that escaped from her yard and was ultimately shot and killed by Police Officer Ryan Billingsley in Illinois as she was running through... her own yard. https://youtube/watch?v=ubCGkusnJkE 1. Obviously, these cases evoke strong passions. 2. However, the law often takes passion and sometimes even morality out of the equation. Meaning, in certain instances, one can do something that is morally questionable, or even morally bankrupt, but they are still within their rights in doing so. 3. So, from a legal perspective, the question often becomes, did an Officer act lawfully in shooting a dog, pursuant to the existing and relevant state law and departmental procedures. So, it is with that prism in mind that this Officers actions are being examined. Illinois law states: (a) No person may intentionally commit an act that causes a companion animal to suffer serious injury or death. However, the statute doesnt apply if the Officers shooting was justified. So, this is a familiar pattern where the Police somehow always determine their own shooting of dogs to be justified, except when someone shoots one of their dogs. When that happens, they have funerals where all the media is invited, vigils, and so forth, while prosecuting the person who shoots their dogs to the full extent of the law. But I digress. Anyway... One is justified in using deadly physical force when having a reasonable belief that one is under the threat of imminent deadly force themselves, or one reasonably believes a third party is under that threat. So, did the Officer have a reasonable belief that force was necessary? This one is easy: No. While there are some very sketchy reports that this dog had previously bit someone, this dog was running towards its home and never once was a threat to the officer. Further, this officer never even thought about attempting to use any form of non-lethal force, or calling for Animal Control, or back-up, or one of about 1,000 things he would have needed to try first before having a reasonable perception that deadly physical force was necessary. Illinois case law is also clear that a dogs past behavior, even if very recent, is not sufficient to justify a shooting of a dog. (See People v. Larson, 885 NE 2d 363 - Ill: Appellate Court, 2nd Dist. 2008) In fact, this officer looked more relaxed than Aaron Rodgers throwing a football in his own backyard... it looked like it was what he was born to do. The second shot was completely gratuitous as, the severely wounded dog was heading home as fast as he could. Soooo... any Illinois lawyers that will step up and do the right thing and try to ensure this Officer is fired and then charged? Keep in mind, there is no immunity for an Officer if he is breaking laws. Here, Billingsley committed Aggravated Cruelty to Bella. Ill try to help any lawyer that wants to take a stand against this systemic and barbaric practice. -Our lives start to end when we become silent over the things that matter.
Posted on: Tue, 02 Sep 2014 13:22:26 +0000
Trending Topics
Recently Viewed Topics
© 2015