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MA - Farmer Shoots & Kills Neighbor's Dog Running Loose

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Town police are investigating the fatal shooting of a local family's pet dog by a farmer who may have mistaken the animal for one of the coyotes that have been preying on his livestock this winter.

"The investigation is in progress," Officer Adrian Kohlenberger confirmed on Friday. He declined to detail any findings thus far, saying an official report may be issued as soon as Monday by Police Chief Ronald Glidden, who was off- duty and unreachable for comment.

The dog, a year- old Shepherd-Husky mix named Nakia, went missing Tuesday evening, said her owner, Edward Abbott of West Pine Street in South Lee, and made her way to a farm owned by Jeff LePrevost more than a mile away on Stockbridge Road.

In an Eagle interview, Abbott acknowledged that his dog had run loose frequently, a characteristic of the mixed breed. He said he had not yet decided whether to press charges against LePrevost, pending the outcome of the police investigation based on his verbal report to Kohlenberger.

Recounting the incident.....

http://www.berkshireeagle.com/ci_17544228
 
Is there a leash law in that town?

Yes, and apparently not the first time the dog was running loose...

Animal Control Officer Mike Sullivan, who covers Lee and Lenox, told The Eagle he had not received calls about the incident on the night it occurred. He confirmed that Lee has a leash law and that he had been contacted several times in the past after Nakia had wandered away from home.
 
If it were my dog, I would realize the risk of letting it roam free: hit by car, predators, irresponsible hunters.

SO.....there is no way that I would let that furry member of my family face those possibilities. Clear case of SOL. I don't fault the farmer at all. If it was a Golden Retriever, maybe I would feel like hey farmer, "WTF?" but I would still feel he is in his rights.
 
Section 156. Any person may kill a dog which suddenly assaults him while he is peaceably standing, walking or riding outside the enclosure of its owner or keeper; and any person may kill a dog found out of the enclosure of its owner or keeper and not under his immediate care in the act of worrying, wounding or killing persons, live stock or fowls, and if any person shall kill or attempt to kill a dog so found, and in the act of worrying, wounding or killing persons, live stock or fowls, he shall not be held liable for cruelty to the dog unless it shall be shown that he intended to be cruel to the dog, or that he acted with a wanton and reckless disregard for the suffering of the dog. Prompt killing of a wounded dog, or a prompt report to the owner or to a dog officer of the wounding of the dog, shall be considered evidence of sufficient regard for the suffering of the dog.

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section156
 
If I read the article correctly, the dog wasn't bothering the farmer's livestock. If there's a leash law then the owner should be fined. If the farmer lured the dog with food and shot it, he should go to jail and be thankful he got off so easy.
 
I fail to see a situation where the farmer is in the wrong here. It all goes back to the dog owner and his lack of proper containment for the dog.
 
Section 156. Any person may kill a dog which suddenly assaults him while he is peaceably standing, walking or riding outside the enclosure of its owner or keeper; and any person may kill a dog found out of the enclosure of its owner or keeper and not under his immediate care in the act of worrying, wounding or killing persons, live stock or fowls, and if any person shall kill or attempt to kill a dog so found, and in the act of worrying, wounding or killing persons, live stock or fowls, he shall not be held liable for cruelty to the dog unless it shall be shown that he intended to be cruel to the dog, or that he acted with a wanton and reckless disregard for the suffering of the dog. Prompt killing of a wounded dog, or a prompt report to the owner or to a dog officer of the wounding of the dog, shall be considered evidence of sufficient regard for the suffering of the dog.

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section156

Thanks for this, I did not know that.

I used to have a Husky. They are runners and won't come back. I had to have a 5' ( they will jump a 4' fence) fence and only chain leashes. They will cut those vinal or rope leashes very easy with their teeth.
 
I used to have a Husky. They are runners and won't come back. I had to have a 5' ( they will jump a 4' fence) fence and only chain leashes. They will cut those vinal or rope leashes very easy with their teeth.

i got a standard poodle that is the same way........this dog is a beast......not only have i seen him out run grey hounds.........but hes got the teeth of a woodchipper......we got him one of those kevlar reinforced dog leashed rated for tyrannosaur........clipped him in......turned my back for literally 30 seconds....had it bitten through........weve got to used industrial strength chain now.
 
I had to leave my dog with my mom and step-dad when I moved out here .. until we buy our own place. I called to check and see how my dog is doing...apparently she likes rounding up the deer that come through there. Much happier than she was in the desert!
 
When I was a kid in my central Ma. hometown, twice a year the dog officer would take a couple days and go on a dog shooting spree. If your dog was out chasing cows,had been seen chasing deer, too far from home or just generally running loose, it was history. No apologies, no lawsuits. None of that BS.
 
I would try to break your dog of that habit. Probably around 1/3 -1/2 of all hunters will shoot a dog they see in the woods chasing deer.
 
Section 156. Any person may kill a dog which suddenly assaults him while he is peaceably standing, walking or riding outside the enclosure of its owner or keeper; and any person may kill a dog found out of the enclosure of its owner or keeper and not under his immediate care in the act of worrying, wounding or killing persons, live stock or fowls, and if any person shall kill or attempt to kill a dog so found, and in the act of worrying, wounding or killing persons, live stock or fowls, he shall not be held liable for cruelty to the dog unless it shall be shown that he intended to be cruel to the dog, or that he acted with a wanton and reckless disregard for the suffering of the dog. Prompt killing of a wounded dog, or a prompt report to the owner or to a dog officer of the wounding of the dog, shall be considered evidence of sufficient regard for the suffering of the dog.

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section156


Another thanks for this info. I was walking through the woods with my son, which we do often, when we ran into some a**h***s Rotty - Shepard mix that was starting to get nasty. It was barking, showing teeth and growling, when Mr. Asshat came running up with a leash. I always walk with a big solid walking stick, which I had handed to my Son because I was ready to draw. I yelled at it and waved my hands and it just got more aggressive.

I would never shoot a dog just for being a dog, but it's nice to know that even in this libtard state, you don't have to wait for the dog to rip your face off before you shoot it
 
Another thanks for this info. I was walking through the woods with my son, which we do often, when we ran into some a**h***s Rotty - Shepard mix that was starting to get nasty. It was barking, showing teeth and growling, when Mr. Asshat came running up with a leash. I always walk with a big solid walking stick, which I had handed to my Son because I was ready to draw. I yelled at it and waved my hands and it just got more aggressive.

I would never shoot a dog just for being a dog, but it's nice to know that even in this libtard state, you don't have to wait for the dog to rip your face off before you shoot it
Not sure if there's case law on this, but keep in mind that whole "jury of your peers" thing. Wright or wrong, shoot a dog that's just baring its teeth and snarling but not making a move toward you, and you can be sure that the argument will be made that definitions 4 and 5 are the applicable ones.

–verb (used with object)
3.
to torment with cares, anxieties, etc.; trouble; plague.
4.
to seize, especially by the throat, with the teeth and shake or mangle, as one animal does another.
5.
to harass by repeated biting, snapping, etc.
http://dictionary.reference.com/browse/worry (Yeah, I know...not a legal dictionary.)
 
Sad that the press and police appear to be taking the dog owners side. Not very American of them. If that dog was part husky it is very likely guilty of eating the farmers chickens.
 
My brother-in-law is a dairy farmer, if a dog worries their cows they shoot them and bring them back to the owner. I'm surprised there's any "investigation.
 
1/3-1/2 of all hunters would rather bitch slap the a**h***s who let their dogs run deer or livestock. I must be the ezxeption, I haven't killed the three dogs I could have.

Maybe next season.
 
If you can't tell the difference between a domestic dog and a yote at any distance you shouldn't be taking the shot. If you intentionlly shoot a domestic dog simply because it is trespassing you are a shit bag and should be prosecuted.
 
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I remember a few years ago while driving home there was a dog walking in the middle of the road near my house. He was obviously an older dog. I called the owner from the dog tag. He said, "just leave him be... he'll eventually come home". In the middle of a busy street!. Then I called the town's animal control. When the officer finally arrived he said that they've had problems with that guy before. Take the dogs away from the f**king clown, he obviously has no sense of responsibility or caring.
 
If you can't tell the difference between a domestic dog and a yote at any distance you shouldn't be taking the shot. If you knowingly you shoot a domestic dog on purpose simply because it is trespassing you are a shit bag and should be prosecuted.

Right because a farmer doesnt have the right to protect his livelihood huh? [rolleyes]
 
I would try to break your dog of that habit. Probably around 1/3 -1/2 of all hunters will shoot a dog they see in the woods chasing deer.

^^^ This! My neighbor shot a dog last year chasing a deer in his back field. Owner tried to press charges...he couldn't finda lawyer to rep him...they all told him he was SOL
 
Yes, and apparently not the first time the dog was running loose...

tough shit, stupid owner.

Last time a dog came running at me while i was walking my dogs, i told the owner that i would kill his F-ING dog if he ever walked him lose again and came running at me. That guy uses a leash from now.

If it were my dog, I would realize the risk of letting it roam free: hit by car, predators, irresponsible hunters.
what if he bites someone? you are liable.

irresponsible hunters?

i almost shot a husky at night while i was looking for coyotes. the dog run away. I saw him getting closer so i decided to wait and get a nice shot, i could have shot him at 50 yards, but it was getting closer. then when the animal was close enough i realized it was a husky.

Now, lets say i did shoot him. would that make me an irresponsible hunter?

SO.....there is no way that I would let that furry member of my family face those possibilities. Clear case of SOL. I don't fault the farmer at all. If it was a Golden Retriever, maybe I would feel like hey farmer, "WTF?" but I would still feel he is in his rights.

goldens bite more people than pit bulls do. But goldens dont make for good news.
 
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As far as numbers 13 and 14 I would suggest that you look at MGL 131 Sec 82. The only persons who are allowed by law to shoot a dog chasing deer are; The Environmental Police and The State Police. If some one could link that MGL I would appreciate it. I still don't know how to do it. Thank You in advance.

That should get changed. Any dog after deer should be shot on sight.
 
Dogs typically rip the hamstrings of deer etc and then leave after they've had their fun leaving a crippled animal to suffer an agonizing death. Kill the dog, kill it. Or let the cops do it for you.
 
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