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My opinion and position is:
Penal Code 42.092. CRUELTY TO NONLIVESTOCK ANIMALS.
Applies to you can’t kill a domestic animal because it’s Thursday and you don’t want to take it to the vet, or feed it.

Health & Safety Code 822.013. DOGS OR COYOTES THAT ATTACK ANIMALS.
Applies to what most of us would be faced with an attacking animal.

A-R wrote:Above says you can kill a dog that is attacking another animal but doesn't say anything about a dog attacking a person.

I forgot you were looking for that. It's got to be covered by that necessity part and that part 3 in there has got to pertain to killing a dog just for the sake of killing it and not when in self defense. That's all I got.

I think this is the important part actually:

Yee shot at the dog four times, according to an arrest warrant. A neighbor came outside after hearing gunshots and saw Yee pointing his pistol at people standing outside of the Rodgers’ house, the warrant said.
The neighbor, Randall Nations, walked toward Yee, who then pointed his pistol at Nations, according to the warrant.
Yee then pointed the pistol back at the group of the people, the warrant said. Nations asked Yee to put the pistol down three times before Yee complied, according to the warrant.

Wienerdogtroy wrote:I think this is the important part actually:

Yee shot at the dog four times, according to an arrest warrant. A neighbor came outside after hearing gunshots and saw Yee pointing his pistol at people standing outside of the Rodgers’ house, the warrant said.
The neighbor, Randall Nations, walked toward Yee, who then pointed his pistol at Nations, according to the warrant.
Yee then pointed the pistol back at the group of the people, the warrant said. Nations asked Yee to put the pistol down three times before Yee complied, according to the warrant.

Yes for purposes of the deadly conduct charge you're absolutely correct. Without justification under Penal Code Chapter 9, pointing a gun at a person is is deadly conduct - and if pointing is accompanied by threat it's agg assault.

dave_in_austin wrote:APD Now says that the woman's injury was caused by her own dog.

http://www.statesman.com/blogs/content/ ... he_blotter" onclick="window.open(this.href);return false;

And in the ever-changing version of what really happened, the shooter has now been charged with cruelty to animals (so I guess that can apply in this case - not merely in cases of neglect as bronco78 speculated above)

http://www.statesman.com/blogs/content/ ... oting.html" onclick="window.open(this.href);return false;

So the other dog was going away from the shooter "back across the street". The dog never actually attacked the shooter or his dog. The shooter is gonna need a really good lawyer.

Bob in Big D wrote:So the other dog was going away from the shooter "back across the street". The dog never actually attacked the shooter or his dog. The shooter is gonna need a really good lawyer.

Says the witnesses that don't like him. And that he felt the need to hold at bay with his gun.

He may be a total nut job and guilty as sin, but as for as the accuracy and progression of this story so far I'll just wait and see what happens.

It is not unheard of for a news story to bear only a faint resemblance to what actually happened.

Jumping Frog wrote:It is not unheard of for a news story to bear only a faint resemblance to what actually happened.

A sad truth.

This ticks me off: another 'someone killed my dog' story. I am going to copy and paste this response to every story about someone getting their loose dog shot/killed/run over/burned/poisoned/pregnant/painted or whatever. My wife has been attacked by a loose dog. We know others that have had their pets who were leashed attacked by a loose dog. There are constantly news stories here in Houston about loose dogs (yes, multiple animals) terrorizing neighborhoods. Other situations with barking/howling/destructive dogs causing neighbor conflicts. ENOUGH! Control your animals. If you cannot, then you should not have one it's the incorrect breed for you.

Here is the simple fix for all you who just let fido run loose: KEEP CONTROL OF YOUR ANIMAL . Believe it, not everyone likes dogs and even those of us that do don't want them yapping at us, running at us, or pooping on our lawn. How does this not register with these people? Why can folks not understand this? This is not rocket science. Golllllyeee.....I've had a dog in Texas for a while now, and nobody has yet to do anything bad to it. Can you guess why? Because I control my animal.

This sorta stuff is up there with drinking and driving. It's just dumb behavior that's easy to fix, but the grey matter just can't absorb the logic to it. It's driving me nuts. There's so much more important stuff going on in the world and we waste time/money/efforts on this sorta garbage.