Texas Cop Shoots His Neighbor’s Dog, Gets Away With It Under Law Authorizing Vigilantism

[Omaha Steve]

http://thinkprogress.org/justice/2014/12/15/3603432/texas-cop-shoots-his-neighbors-dog-gets-away-with-it-because-of-law-authorizing-vigilantism/


BY IAN MILLHISER POSTED ON DECEMBER 15, 2014 AT 9:06 AM UPDATED: DECEMBER 16, 2014 AT 8:58 AM

Kenneth Wayne Flynn, a former deputy chief in the Fort Worth, Texas police department will not be tried for hunting down and fatally shooting a German shepherd dog that escaped from a nearby home’s yard. Although the former officer was initially charged with animal cruelty/torture, a grand jury decided not to indict him on Wednesday. Flynn was a senior leader in the police department at the time of the shooting, although he decided to retire after he was initially charged.

The shooting occurred after Flynn received a tearful call from his wife informing him that their pet cat was dead. A neighbor told Flynn’s wife that a German shepherd had been standing over the deceased cat, though it is not clear that anyone witnessed the attack itself. After a neighbor tipped him off on where he could find the dog, Flynn spotted the German shepherd along with a pit bull. He shot at the dog, fatally wounding it.

According to the Fort Worth Star-Telegram, Flynn initially frustrated a police investigation into the shooting, although he later admitted that he was the shooter. Though three officers responded to the scene of the shooting and eventually found Flynn in his front yard, Flynn reportedly identified himself to the officers as a deputy chief and told them that he was “not involved” with the shooting. He also reportedly told the three officers that they “don’t need to keep looking.”

So, on the surface, this looks like an example of a case where a cop — in this case, a very high-ranking cop — was able to escape criminal charges because of their position on the police force. There is, however, another wrinkle to the case. A Texas law provides that a “dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by . . . the attacked animal’s owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.” Thus Texas law explicitly authorizes individuals to exact vigilante justice against dogs that injure their pets.

FULL story at link.

[shenmue]

1. Awful

[Nuclear Unicorn]

2. How can it be vigilantism if it is within the law?

I think Mr. Flynn is guilty of obstructing a police investigation, making false statements and abuse of power but it is not vigilantism to kill a menacing animal.

[mythology]

3. Except there isn't evidence that the dog was menacing, or even that the dog had killed the cat

And if he wasn't concerned about his legal culpability, why did he obstruct justice?

[Nuclear Unicorn]

4. That's still not vigilantism. The law allows for the killing of nuisance animals.

If someone kills the wrong animal it isn't vigilantism, it's killing the wrong animal.

[Whiskeytide]

6. Stupid law. I'm not particularly fond...

... of cats. I'm a dog guy. But I'm sorry for both the cat and the dog in this instance. However, a German shepherd standing over the body of a mauled cat is fairly good circumstantial evidence of what happened. I'm just saying.

[Buzz cook]

7. However

The German Shepard was found in company with a Pitt Bull, a breed that is more commonly associated with killing small animals.

Most dogs will investigate a fresh carcass so the GS standing over the dead cat is not conclusive.

[Whiskeytide]

10. Agreed. Not conclusive. But...

... that's not the evidentiary standard in any court. It's beyond a reasonable doubt or by a preponderance. I'm not sure I agree that the Pit was more likely the culprit. That's profiling. But I agree there's a chance the GS was framed.

All im saying is that if I found a dog standing over a fresh kill, I'm going to make some deductions that, under the circumstances I feel would be reasonable. But the law that expressly allows an owner to exact revenge is just assinine.

[X_Digger]

9. Some people want to be swaddled by authority from cradle to grave.

If anyone does anything that some authority somewhere can also handle- well that's vigilantism, by george!

[Ykcutnek]

5. Doggone. nt

[VScott]

8. #DogLivesMatter

https://dogmurders.wordpress.com/

This One Police Department Shot 92 Dogs in Three Years. One of the Officers Has Killed 25 By Himself

Read more at http://thefreethoughtproject.com/police-department-shot-92-dogs-years-officers-killed-25/#Rhr7olEDyyIbgIIO.99