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  1. #1
    ALWAYS TRYING HARDER Ah Pook's Avatar
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    Default Local dog owner seeks justice

    Local dog owner seeks justice


    Barbara Lawlor · Oct 20th, 2015 ·

    Barbara Lawlor, Gilpin County. Gilpin resident Josh Davis says a misdemeanor summons is not enough of a punishment for the man who killed his dog and he plans to file a civil lawsuit against the suspect when he has the money to hire an attorney. Davis’s dog Ragnar, an Akita mix, was shot and killed and then buried in a shallow grave near a neighbor’s property off Pactolus Road a week ago Sunday. Davis moved into the area last March and has worked as a cook at the Sundance Cafe for the past five years. During that time he has seen his neighbor Erik Miller drive to his property located behind Davis’s residence often and has heard gunshots coming from the area, where Miller often shot at targets. Miller is a contract building inspector for Gilpin County. Neither Davis nor his house-mates had ever met Miller or talked to him. On Sunday morning, October 18, Davis was asleep after working the previous night, when one of his housemates came into his bedroom and said, “I think your dog just got shot.” Zach Starcher said that he heard a gunshot from Miller’s property and then a bunch of yelps and screams followed by another shot and then silence. “I drove up the guy’s driveway past the no trespassing signs and I saw him walking down with a pistol,” says Starcher. “He didn’t say anything. When I told him I heard gunshots and asked him if he had shot a dog, he said he was shooting targets and asked why I was there. He was nonchalant and gave me a look that was threatening without saying anything. He held out his gun in an attitude of intimidation. I said yeah, that’s a big gun and came back down to the house.” Davis and Starcher walked around the property, searching the woods, waiting to see if Ragnar returned. The next morning, Starcher took his black lab Clyde with him who picked up a trail of blood near an area that had been cleaned up, but there were blood streaks on the branches nearby. Clyde led him down a steep embankment into a deep ravine to the gravesite. When Starcher dug up the disturbed soil he found Ragnar’s body under about eight inches of leafy topsoil. The dogs collar and tags were gone and there were two big holes in his chest. “I carried him back to the house and we called the sheriff. By that time Miller was gone. The deputies took a report and then we took Ragnar’s body to the Nederland Animal Hospital.” Davis says that on Monday night a deputy called him and said that Miller had been served a summons for Cruelty to Animals, a misdemeanor offense and also admitted to killing the dog. The sheriff’s report, however, is still under investigation and not being released until the investigation is completed. The case has also been turned over to the Gilpin County District Attorney to investigate the possibility of a felony charge of Animal Cruelty with Aggravated Circumstances. Since then Davis has been mourning the loss of his buddy. He got Ragnar, one of the clan of a local dog, when he was six weeks old in March of 2013. “It was him and me,” says Davis. “For two and a half years he was my loving dog. He was big with lots of energy and loved to do anything, whatever I wanted to do he was for it. He also liked to lay around and cuddle. When I lived in Nederland he went everywhere with me and everyone knew him.” Ragnar was named after a legendary Viking hero and Davis says he is the first dog he has ever had. Davis suffers from PTSD and says that Ragnar would help ground him when he was in a stressful situation. “It is a big thing to take away somebody’s dog and not even know what the situation is.” Chris Sarnecki, another housemate, says that this isn’t the first time Miller has shot at a dog. He says that once when the dogs were at the end of the driveway and starting to chase Miller’s pickup truck, Miller stopped, jumped out of the truck and shot a few rounds over the dogs heads from five feet away. Not trying to hit them at the time, but yelling, “Get out of here, get out of here.” Davis says the dogs have gone onto Miller’s property and brought back deer bones and they found a pig’s head stuck on a tree close to his boundary. Davis says he is going after Miller in a civil case because then maybe he’ll realize that this was a wrong thing to do. “If Ragnar had never yelped, we would have never known anything had happened to him. We probably would not have pursued this if Miller had told us what happened, but he tried to hide the evidence and say it never happened. Any justification is gone because of what he did after he killed my dog. He knew he did something wrong when he tried to hide it. He even took the time to take off the tags and dig out the bullets. If he had come to me and confessed and apologized, it still would have hurt and I still would have been angry, but it would be over and done with.” Davis and his friends are working on setting up an account at Centennial Bank in Nederland to raise funds to pay an attorney. He says that any proceeds after that will be donated to a stop animal abuse charity. Right now he is waiting for the sheriff’s report to be released. The summons to appear in court is slated for December 2. Last Monday night, one of the regular Sundance customers brought a female puppy, eight weeks old, part lab, part doberman, to Davis. “I was reluctant at first,” he says, “But she has already worked her way into my heart. I am waiting for her name to show itself in her personality. I have a lot of love to give back.”
    I leave the link to be scholarly but please don't click on it. All the info is quoted. The paper owner is a useless sack of... I don't want to give her any more website traffic.

    http://themtnear.com/2015/10/local-d...seeks-justice/

    I know the dog and owner. I have heard several stories about the land owner. That said there is a lot of stupid in this article (not counting really bad journalism).

    The first obligation of a dog owner is to protect their animal. The owner failed. The dog regularly ran wild with to supervision. The dog had no training. There are vids of the dog chasing/charging moose. Luckily, he had a good disposition.

    The dog was on someone else' private property.

    The property owner has a history of being an asshole with a gun. On and off of his property. He was not protecting livestock or pets. For whatever reason, he shot the dog, removed the collar, removed the bullets and then buried the animal.

    Sadly, the end result is a dead dog. Both share equal responsibility.
    Hard times make strong men
    Strong men create good times
    Good times create weak men
    Weak men create hard times
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  2. #2
    Man In The Box jhood001's Avatar
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    Train and control your dogs. If a freak accident puts your dog on someone else's property and it is shot, go for the throat.
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    Grand Master Know It All SouthPaw's Avatar
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    I may be a bit biased being a dog owner but I did not see a reason why the dog was actually shot? Only because he was on his property? Seems like Miller had 100 different options and used poor judgement by using a firearm. Using your firearm for defense is a last resort. He made his bed when he lied and tried to hide the evidence. I say hammer him.
    "But when it's time to fight, you fight like you are the third monkey on the ramp to Noah's Ark; and brother, it's startin' to rain."

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    Machine Gunner th3w01f's Avatar
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    Quote Originally Posted by Ah Pook View Post
    For whatever reason, he shot the dog, removed the collar, removed the bullets and then buried the animal..
    I agree the article is poorly written and who knows what really happened but if this is true it's pretty messed up. I'd have no problem shooting someones dog if it was on my property and threatening people, livestock, fowl, etc. I sure as hell wouldn't remove the collar and bury it to try and hide it.

  5. #5
    Iceman sniper7's Avatar
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    I hope the landowner gets off based on the current amount of information. He is just that, the landowner. He has no trespassing signs. He has obviously shown he doesn't want other people on his property, and obviously doesn't want dogs on his property or chasing his truck. You would think a little common knowledge like that would make you keep your dog on a leash and be careful where the dog goes.
    i feel bad for the dog because it doesn't know property boundaries or the landowner, but the owner of the dog does.

    i think it would set a bad precedent to convict the landowner, you are stripping away private property rights. And a dog is just property.

    i feel bad for the dog and his owner, I really do. I love my dogs as well but owning a dog also means being responsible where the dog goes and what the dog does. Everybody thinks and says their dogs are great and wouldn't bite or hurt anyone, but unfortunately that isn't a guarantee. The only thing that bothers me, if true, is the collar and bullet removal. Call the number, tell them you had to shoot the dog and that's it. But he may also claim there never was a collar and there might not be proof either way. Digging the bullets out makes zero sense, but I don't know if there is anything that can be pushed since a dog is just property.
    Last edited by sniper7; 10-26-2015 at 21:42.
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    Man In The Box jhood001's Avatar
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    ^^ Sniper7's post.

    Quote Originally Posted by SouthPaw View Post
    I may be a bit biased being a dog owner but I did not see a reason why the dog was actually shot? Only because he was on his property? Seems like Miller had 100 different options and used poor judgement by using a firearm. Using your firearm for defense is a last resort. He made his bed when he lied and tried to hide the evidence. I say hammer him.
    Totally agree. But land is land. We get all worked up when a human walks on our land without permissions. A pet walking on our land really is 'fair game'. I don't say that from the standpoint of believing in shooting domesticated animals. I say that from the standpoint of fully understanding that a dog can be trained to do just about anything you want it to do if you're willing to put in the time and the effort to train it.

    Our amazing little friends are in our hands. And they'll do anything to make us happy. Bad shit happening because we as owners weren't disciplined and vigilant in our guardianship has nobody to blame but ourselves when something goes wrong.

    Take the time and train your dog. If your dog will take food from a stranger - you're doing it wrong. If your dog bolts and runs - you're doing it wrong. If your dog barks without threat - you're doing it wrong. If your dog doesn't follow your every command... you're doing it wrong.

    At the same time, anyone that kills a dog on their property is also 'doing it wrong'. A dog trespassing is an extremely easy thing to resolve with some conversation and sense and understanding of community.

    But seriously - train your dogs or don't have them.

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    One does not bear arms against a rabbit. -- Garry Wills

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    Iceman sniper7's Avatar
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    The other thing I will mention is the owner saying the dog helped him with PTSD. I don't doubt that, but he goes on to say it's a big thing to take away a dog with understanding the situation...but on the flip side maybe this landowner had a major encounter as a kid or recently or with his own children, you don't know his side of the story either and you negligently let your dog run around chasing his truck and go on his property. It works both ways.
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  8. #8
    QUITTER Irving's Avatar
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    Owner of the dog didn't take the proper steps. First time owner. Feel bad for him. Guy who shot him is a total asshole though. A dog would have to pretty much bite me before I'd shot it, in my yard or not.

    EDIT: Landowner being an asshole is further evidenced by the story of stopping the truck and shooting at dogs. Not on your land, not doing anything to your truck. What is the justification?
    Last edited by Irving; 10-26-2015 at 22:02.
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  9. #9
    Machine Gunner
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    I put a heavy dose of blame on dog owner, but I still think it sounds like the other guy is a bit on the reckless scary side. I mean it's the country sure but stopping while still at the gate basically and popping off rounds? Really needed or were the dogs scratching it up or pursuing all the way to the house. When did he do anything about telling the guy to reign in his dogs? My family lives in mountains and visiting them there were dogs that met you from neighboring properties. where I had my wedding was a property past a few others on shared road. They had dogs following us partway up the road. I didn't jump out shooting at them to protect my delicate tundra.

  10. #10
    Machine Gunner thvigil11's Avatar
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    Regardless of right or wrong, the lesson here us to keep your dog on your own property. Take whatever steps necessary, but as the owner, you have the duty to protect as you would any other member of the family. The shooter may or may not be an ass, but sadly, the true ass is the guy who let his dog run free and get killed. I might have more sympathy if the dog slipped his chain or got through a fence, but from what I read, none of that happened.

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