Protecting pets
Published 12:00 pm Tuesday, January 10, 2017
- Opinion - St. Clair News-Aegis
A shot rang out that I did not hear. The first indication of anything being wrong was when my three year old adopted Labrador came onto my porch bleeding.
My first thought was that maybe he caught a rabbit in the woods. Maybe he was injured. He was still wagging his tail, perpetually the friendly dog. He rolled over and I was shocked. There was a half inch round hole in his chest, bleeding profusely. Thoughts of every war movie I had ever seen flashed through my mind. Should I put pressure on the wound? Staunch the blood flow somehow?
He continued dripping blood and I knew this situation was beyond my capabilities. I called my local vet to see what I should do, and if they were available. I wrapped him in a blanket and took him immediately to the clinic. They were very thorough in their examination. After a series of x-rays, my worst fears were realized. My dog had been shot. The high-caliber bullet had entered his right front leg, missed the bone, traveled through his chest, ricocheted off his sternum, and exited through his side. The x-ray revealed a trajectory filled with shrapnel, a large amount of soft tissue damage and inflammation.
After hours of pain medication and observation, he was brought home to rest. Anti-inflammatory and pain medications were to be taken every day. Movement was to be restricted. The veterinarians could not do surgery to remove the shrapnel, nor could they close the wounds. The bullet holes would have to heal on their own. It would be a long recovery process, but it could have been worse, a lot worse. The bullet had missed splintering the bones and every vital organ and artery in its path.
Going through this horrendous situation is one I would wish on no one. People bring pets into their homes and they become part of their family. It is estimated that 70-80 million dogs and 74-96 million cats are owned in the United States, according to the American Pet Products Association (APPA). Approximately 37-47% of all households in the United States have a dog, and 30-37% have a cat. And when one of these pets are injured or killed, it can be heartbreaking for the family. It can also be expensive.
If you are faced with a similar situation, which unfortunately does happen, what recourse do you have? There were no statistics available on how many pets have been injured or killed by gunshots. There were no definitive numbers stating what the circumstances were. But there are laws that apply in these situations.
According to the Legal Code of Alabama, title three pertaining to animals:
§ 3-1-10. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another — Prohibited.
“Any person, who unlawfully, wantonly or maliciously kills, disables, disfigures, destroys or injures any animal or article or commodity of value which is the property of another must, on conviction, be fined not less than twice the value of the injury or damage to the owner of the property nor more than $1,000.00 and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months, and so much of the fine as may be necessary to repair the injury or loss shall go to the party injured.”
§ 3-1-11. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another — Proof of trespassing by animal in mitigation or justification of offense; tender of compensation.
“Upon the trial, the defendant may prove in mitigation or justification, as the jury may determine, that, at the time of the killing, disabling, disfiguring, destruction or injury, the animal killed, disabled, disfigured, destroyed or injured was trespassing and had within six months previously thereto trespassed upon a growing crop, enclosed by a lawful fence or while such animal was running at large in violation of law. No conviction must be had, if it is shown that, before the commencement of the prosecution, compensation for the injury was made or tendered to the owner.”
Of course, implementing or seeking compensation for the loss of a pet or recompense for injuries can be a long legal battle, and that is if you know the perpetrator. The situation, location, and other circumstances also determine liability. Was there a perceived danger? Was the animal attacking or threatening livestock or a person?
In those situations, shooting or killing a dog would be seen as a last resort. Many situations could be a case of mistaken identity. For instance, there have been several reported incidents of people mistaking a dog for a wolf.
I may never have the answers to any of those questions in my particular situation. I do not know the exact circumstances of the incident. I do not know the perpetrator or who fired the shot. I can only learn my lesson and pass that knowledge on to others. I hope no one else has to go through this particular situation.
If you suspect anyone of intentionally harming, torturing, killing, neglecting or mistreating a pet, please contact the Pell City Animal Control Center at (205) 814-1567.