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Man faces charges after dog kills raccoon that caused damage to garage
Jackson Citizen Patriot ^ | February 09, 2011, 6:00 AM | Danielle Salisbury

Posted on 02/09/2011 1:50:59 PM PST by Gennie

Man faces misdemeanor charge of animal cruelty after his dog kills young raccoon that caused some damage to garage



Seth Foster, 23, said he found his family garage in disarray last summer and sent his dog in the building to investigate.

Grizz, a blue heeler, returned with the culprit, a young raccoon.

As two teenage boys watched, one of them filming its actions with a cell phone, Grizz killed the coon, Foster said.

Now, Foster is facing a misdemeanor charge of animal cruelty resulting in death, which is punishable by a maximum of 90 days in jail and a $500 fine. A jury trial is scheduled for Feb. 25 in Jackson County District Court.

Foster, whose father owns a nuisance animal control business, contends he did not do anything wrong. The raccoon damaged his family’s property on Ivan Drive in Spring Arbor Township.

“It’s ridiculous,” he said of the charge. “Everybody I’ve talked to says it’s ridiculous.”

There is a proper way to deal with a pest and it does not involve animal agony, said Chief Assistant Prosecutor Mark Blumer. Raccoons can be trapped alive or quickly and efficiently killed, he said.

Blumer said the dog was encouraged to attack the raccoon and “tear it apart.” He likened this to cockfighting or dogfighting, both of which are illegal. “There is legitimate sport, and then there’s cruel sport,” he said.

“Because you have a license to kill a deer, doesn’t mean you can break all its legs and watch it die slowly.”

He said the prosecutor’s office offered Foster a “reasonable settlement,” the details of which Blumer did not know, but Foster declined to take it. “I am innocent,” Foster said.

The two boys also were charged. Their cases were handled by the juvenile court. Blumer did not know how or whether they had been resolved. The case files are not open to the public.

Foster said the boys lived near his family at the time and would sometimes come to their home. They egged on the dog, he said. Foster said he took the raccoon from Grizz, but the dog got it back.

It did not take Grizz, a smaller herding dog, a long time to kill the animal, Foster said.

A neighbor’s mother called the police, Foster said, and a deputy arrived. According to court records, the incident occurred Aug. 1.

The dog helps Foster and his father, Mike Foster, locate raccoons in attics or small crawl spaces while the Fosters do their work. They catch the animals and sometimes euthanize them.

Mike Foster owns Foster’s Wildlife Control Services. He’s been in the business for about 30 years. The company specializes in trapping, removing and excluding nuisance wildlife. He said he and his son hunt and the family primarily eats wild meat.

In all his work with animals, Mike Foster said he has seen worse than a dog killing a coon. “People put out antifreeze for animals to poison,” he said.

“You can’t call one thing cruel and let other stuff slide.”

The whole incident has been “blown out of proportion,” he said. “To me, it’s no different than if you buy a cat to kill mice.”

There is a difference, Blumer said. The killing of mice is not controlled.

There are trapping and hunting seasons for raccoons. According to the Michigan Department of Natural Resources and Environment, a property owner without a license or permit may kill a raccoon all year if the animal is damaging or about to damage private property.

Mike and Seth Foster said the raccoon Grizz killed put a hole in the garage. It damaged a door, ate stored bird feed and knocked tools off a work bench. It was “raising hell,” Mike Foster said.

Dogs cannot be used in Michigan to kill game, only to chase, retrieve or find it, a DNRE spokeswoman said.

Blumer said it would be different if the dog had gotten the raccoon on its own and killed it without human intervention. In that case, it’s nature.


TOPICS: News/Current Events
KEYWORDS: attack; cruelty; dog; racoon
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1 posted on 02/09/2011 1:51:01 PM PST by Gennie
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To: Gennie

OMG! What a waste of time! Animals kill other animals all the time. It is a part of nature! OY!!!!


2 posted on 02/09/2011 1:53:01 PM PST by nolongerademocrat ("Before you ask G-d for something, first thank G-d for what you already have." B'rachot 30b)
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To: Gennie

It’s all about control. Regulations and laws abound for every aspect of life.


3 posted on 02/09/2011 1:53:26 PM PST by Pearls Before Swine (/s, in case you need to ask)
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To: Gennie

Is there anything in the Constitution that says you need a license to kill a deer? Just wondering.../s;)


4 posted on 02/09/2011 1:53:29 PM PST by Frank_2001
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To: Gennie

Hope for a judge with a brain.


5 posted on 02/09/2011 1:54:40 PM PST by Louis Foxwell (For love of Sarah, our country and the American Way of Life.)
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To: Gennie

Need to put the dog on Blumer


6 posted on 02/09/2011 1:54:41 PM PST by Concho (-)
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To: Frank_2001

Maybe dogs and cats will need hunting licenses next??? lol


7 posted on 02/09/2011 1:55:26 PM PST by Gennie
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To: Gennie

You have no idea how many of us around Jackson county are ashamed of this story. This is what dogs do and they do it well. My jack russell kills woodchucks in under 3 seconds.


8 posted on 02/09/2011 1:55:51 PM PST by cripplecreek (Remember the River Raisin! (look it up))
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To: Frank_2001

This is absurd! I used to go after them with a baseball bat (never got one though). Sometimes they would just sit there and stare at me until I was almost on top of them. Some of those suckers are BIG!


9 posted on 02/09/2011 1:56:58 PM PST by Castigar
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To: Gennie

LOL


10 posted on 02/09/2011 1:57:39 PM PST by org.whodat
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To: Gennie

What have they done with my country?


11 posted on 02/09/2011 1:58:37 PM PST by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Gennie

I bet the prosecutor is mad that he won’t plea to a fine. It hurts the county’s pocketbook.


12 posted on 02/09/2011 1:58:41 PM PST by Darren McCarty (We should lead ourselves instead of looking for leaders)
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To: Gennie

We need justice here . . . sic the dog on the prosecutor.


13 posted on 02/09/2011 1:58:43 PM PST by RatRipper (I'll ride a turtle to work every day before I buy anything from Government Motors.)
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To: Gennie

People should not plea to this kind of carp. Demand a jury trial.


14 posted on 02/09/2011 1:59:00 PM PST by kbennkc (For those who have fought for it, freedom has a flavor the protected will never know.)
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To: Gennie
I am so glad I have not posted pictures or videos when I find my two guys with a dead rabbit or a squirrel.


15 posted on 02/09/2011 2:00:27 PM PST by Red_Devil 232 (VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!)
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To: tet68
What have they done with my country?

Best summed up in two words: Ivy League.

16 posted on 02/09/2011 2:00:41 PM PST by Thermalseeker (The theft being perpetrated by Congress and the Fed makes Bernie Maddoff look like a pickpocket.)
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To: Gennie

Well, if the kids really did sic the dog on the raccoon with the intention of killing it...they are technically in violation of the law since a raccoon is a game animal with a hunting season.

You can bet your a$$ if they did this to a deer they’d be in trouble. But I don’t think I’ve ever heard of this enforced on raccoons before.


17 posted on 02/09/2011 2:00:45 PM PST by mamelukesabre (Si Vis Pacem Para Bellum (If you want peace prepare for war))
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To: Gennie
Blumer said the dog was encouraged to attack the raccoon and “tear it apart.”

I suspect it was the encouragement that's getting him charged. Seems there's more to the story than if the dog attacked the raccoon on it's own.

18 posted on 02/09/2011 2:00:51 PM PST by bgill (Kenyan Parliament - how could a man born in Kenya who is not even a native American become the POTUS)
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To: tet68

At least a dog knows vermin when it sees it,
a coon will drown a dog in a heartbeat if it
gets it in water, will they charge the coon then?


19 posted on 02/09/2011 2:00:56 PM PST by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Gennie

This just in....

Sea Lion faces charges after gulping down a fish in the San Francisco Bay.

“We have outlawed this barbaric practice” said Ghey Prancer, state Senator from Fabulous.

Sea Lion faces the maximum of 6 months confinement at a night club in the Tenderloin District.


20 posted on 02/09/2011 2:01:05 PM PST by GeronL (http://www.stink-eye.net/forum/index.php for FR backup site!)
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To: Gennie

What is the difference in letting a dog kill and animal and letting a dog kill a dog.


21 posted on 02/09/2011 2:01:14 PM PST by org.whodat
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To: Gennie
Dam ...my dog caught, killed, and was eating (till I took in away) a opossum....guess I'm in trouble
22 posted on 02/09/2011 2:01:17 PM PST by tophat9000 (.............................. BP + BO = BS ...........................Formula for a disaster...)
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To: Gennie
If his neighbor's pitbull killed a child in the garage, would the authorities blame the dog or the owner?
23 posted on 02/09/2011 2:01:18 PM PST by GVnana
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To: Gennie
My Boston Terrier killed a rat that had become trapped in the basement stairwell the other day. Thankfully none of the neighbors saw what happened.

I waited until it got dark & buried the corpse out behind the garage.

24 posted on 02/09/2011 2:01:31 PM PST by skeeter
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Comment #25 Removed by Moderator

To: Gennie

Haven’t been Coon hinting lately, but it was a common thing back in the day to climb the tree the Coon was tree’d in and throw it dow to the dogs. Part of their training.

Today’s people have been pussified to a crazed extent.

Back years ago when I was a child it was a common thing to take a litter of cats, put them in a bag and drown them, there was no government agency to properly euthanise them and it was better than letting them run loose as feral cats.
Today you would be arrested and get more time than if you drowned a human.

I know the flame is coming, but is it really better to have ASPCA euthanise them than to put them in that sack?
And don’t think for a minute that ASPCA doesn’t euthanise strays.

http://www.americanhumane.org/about-us/newsroom/fact-sheets/animal-shelter-euthanasia.html


26 posted on 02/09/2011 2:01:57 PM PST by Venturer
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To: Frank_2001

There nothing granting it, either, which means it is the state’s decision. A state deer license isn’t a federal issue.


27 posted on 02/09/2011 2:02:08 PM PST by Carling (Obama: Inexperienced and incompetent, yet ego maniacal. God help us all.)
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To: Gennie
Should have pelted the 'coon with Pepsi cans.

28 posted on 02/09/2011 2:03:45 PM PST by I see my hands (_8(|)
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To: kbennkc

That is what he did. I can’t imagine a jury convicting, but who knows.


29 posted on 02/09/2011 2:03:48 PM PST by cbvanb
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To: Gennie

This is the answer to all those that say ‘let the govt look, I have nothing to hide.’

You always have something to hide, and if not the govt will pass a law so you do. Or they will interpret old laws in new and violating ways, or bankrupt you with regulations, or in court, or...


30 posted on 02/09/2011 2:04:24 PM PST by Free Vulcan (Vote Republican! You can vote Democrat when you're dead.)
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To: Gennie

>>one of them filming its actions with a cell phone<<

Duh.


31 posted on 02/09/2011 2:04:38 PM PST by netmilsmom (Happiness is a choice.)
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To: Gennie

I guess my dogs are smarter than the average dog. They don’t let on when a critter gets in the back yard.

When I let them in they’re all slobbered up around the face and have a big smile. That tells me there’s something dead in the back yard.


32 posted on 02/09/2011 2:04:38 PM PST by PeteB570 (Islam is the sea in which the terrorist shark swims. It aids & comforts the shark on it's journey.)
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To: Gennie

Good ol’ coon dog.

PETA says they are cruel to raccoons, and NAACP says they are racist.

And soon Obama will be saying that they are mean to Muslims.


33 posted on 02/09/2011 2:05:30 PM PST by Cicero (Marcus Tullius)
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To: Gennie

Clearly the law needs to be changed to permit dogs to clear vermin from dwellings. Or would they rather have people trying to shoot these?


34 posted on 02/09/2011 2:06:16 PM PST by rahbert
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To: Gennie
Good thing Lincoln County, GA isn't like that. Way back when, when I was down and out, I lived in a small shack in the woods. I had an old claw foot tub that I had dug up in a feed lot that I was using to take baths in. The shack was about eight feet wide and twelve feet wide. I made a high bunk bed to sleep in but you could store stuff under it. I had three dogs and three cats that came out to the woods with me after I had lost my home. I had an old wood burning stove in the shack to keep warm with. Also, I had cut a hole in the side of one wall so all the animals could get in.

Every once in awhile I would hear this squealing, then all six animals would come busting through the door, one carrying a rat. They would toss the rat in the tub, then all six would jump in and bat the poor creature back and forth. At times it would take over 15 minutes before they finally killed it. This was their rat soccer game. There were also several other interesting experiences living out there with those six furry friends.

35 posted on 02/09/2011 2:07:32 PM PST by U S Army EOD
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To: Gennie

I love animals....

but I will kill animals when killing them is necessary to protect life and property.

my biggest concern would be that my dog be checked for rabies as that is a big concern in NY State.

If it was me, and I had gotten to a destructive raccoon first, I would have put a cb cap into it then bagged it and thrown it into a dumpster....or buried it.

in areas were rats and vermin are protected by law somehow...folks need to practice the Three S’s

Shoot
Shovel
Shut-up


36 posted on 02/09/2011 2:08:10 PM PST by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: Gennie
Ah cripes! WTH?

FMCDH(BITS)

37 posted on 02/09/2011 2:08:23 PM PST by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: Castigar
This is absurd! I used to go after them with a baseball bat (never got one though). Sometimes they would just sit there and stare at me until I was almost on top of them. Some of those suckers are BIG!

LOL, my brothers and I did the same thing. We'd drive around the countryside until we came across a raccoon. Then with flashlights and baseball bats, we'd chase them down and bash em. We'd get $35 to $40 per coon, not bad money for the early 70s.

38 posted on 02/09/2011 2:09:24 PM PST by upsdriver (to undo the damage the "intellectual elites" have done. . . . . Sarah Palin for President!)
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To: Red_Devil 232
Good dogs!

Rabbits are vermin in our neighborhood. Squirrels are only slightly less obnoxious. I'm limited to growing tomatoes, daffodils and a few other things the damn rabbits won't bother.

One of our neighbors has a cat who has an open invitation to come into our yard to dispose of thse vermin. I even plant catnip (anpother thing rabbits won't touch) so the nice kitty can get a reward. Every now and then, he leaves a dead rabbit by my driveway as a thank you gift. We're on pretty good terms. The big kitty is shy, but he knows I appreciate him and will give me a leg rub and accept a pat on the head if I stand still and let him come to me.

39 posted on 02/09/2011 2:12:18 PM PST by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: Carling; Frank_2001
In many states all the game animals belong to the people as a whole ~ which means that licensing arrangements as well as seasons are undertaken by the states.

I believe our Eastern Seaboard former British colonial territories have a quaint law that says the game on any particular piece of land belongs to the landowner, but their fishing laws are much more like Midwestern game control laws.

Then there the states without water, or many game animals, and I suspect they are owned by Bureau of Land Management!

40 posted on 02/09/2011 2:12:18 PM PST by muawiyah
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To: Venturer
"Today you would be arrested and get more time than if you drowned a human"

There is so much truth in that statement, it breaks one's heart:

A mother convicted of killing her one-month-old baby and burying him in a public park in Baltimore has been convicted and sentenced to counseling at Planned Parenthood. That's right, counseling at Planned Parenthood.

http://www.facebook.com/l.php?u=http%3A%2F%2Fweblogs.baltimoresun.com%2Fnews%2Fcrime%2Fblog%2F2011%2F01%2Fwoman_who_killed_baby_convicte.html&h=e055b






41 posted on 02/09/2011 2:12:52 PM PST by jacknhoo (Luke 12:51. Think ye, that I am come to give peace on earth? I tell you, no; but separation.)
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To: U S Army EOD

I grew up coon hunting all over Jackson County.


42 posted on 02/09/2011 2:13:44 PM PST by cripplecreek (Remember the River Raisin! (look it up))
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To: Gennie
Photobucket
43 posted on 02/09/2011 2:14:30 PM PST by Huskrrrr
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To: jacknhoo

Disgusting :(


44 posted on 02/09/2011 2:15:14 PM PST by Gennie
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To: Gennie

“...said the raccoon Grizz killed put a hole in the garage. It damaged a door, ate stored bird feed and knocked tools off a work bench. It was “raising hell,” Mike Foster said.”

Another article I read said that Foster was filing a counter-suit against the young raccoon’s mother and father for not keeping him controlled. Party to the suit is the local Sheriff, County Animal Control officer, and the town Zoning Council.

Too bad the stupid kids were there to video tape it. And if they were my kids, they would have been reprimanded for egging the dog on - that’s not right. But a fine!? (The audio on those cell phones is pretty bad, I wonder if his lawyer can make the jury hear “Go Grizz, that coon will tear you apart”.


45 posted on 02/09/2011 2:15:51 PM PST by 21twelve ( You can go from boom to bust, from dreams to a bowl of dust ... another lost generation.)
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To: Vaquero

“Shoot
Shovel
Shut-up”

Good advice...... ;>)


46 posted on 02/09/2011 2:15:54 PM PST by Gator113 (I'm voting for Sarah Palin, Liberty, our Constitution and American Exceptionalism.)
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To: Gennie

Next we will be jailed for killing snakes that lurk under our homes or bees in the air handler of our AC’s.


47 posted on 02/09/2011 2:18:33 PM PST by Dubya-M-DeesWent2SyriaStupid! (Obama:If They Bring a Knife to the Fight, We Bring a Gun (the REAL Arizona instigator))
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To: nolongerademocrat
OMG! What a waste of time! Animals kill other animals all the time. It is a part of nature! OY!!!!

"Blumer said it would be different if the dog had gotten the raccoon on its own and killed it without human intervention. In that case, it’s nature."

48 posted on 02/09/2011 2:18:46 PM PST by SeeSac
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To: Gennie

Do they even care if the baby coon was rabid or not?


49 posted on 02/09/2011 2:19:30 PM PST by Dubya-M-DeesWent2SyriaStupid! (Obama:If They Bring a Knife to the Fight, We Bring a Gun (the REAL Arizona instigator))
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To: rahbert

“Clearly the law needs to be changed to permit dogs to clear vermin from dwellings. Or would they rather have people trying to shoot these?”

How about instead of changing the law, everyone just mind their own business.

I have read this thread and seen comparisons to a human baby being killed. I also hear a bunch of amateur attorneys (the only thing worse than amateur attorneys are real attorneys) dissecting little points of law.

To hell with all that. Everybody just needs to mind their own business and stay out of each others way. If real damage to real property or life occurs then fine. But this is just a bunch of nosy, bored, weenies with nothing to do other than figure out new and exiting ways to control the actions of others.

The prosecutor should be tarred and feathered. Same with any police or deputies that serve the papers. It’s time to go all 1774 and regain our individual liberties. Remember that? How does the song go? “This land of liberty to thee I sing”. Hell liberty hasn’t been seen here for 100 years. Anybody know where she went?


50 posted on 02/09/2011 2:20:44 PM PST by DariusBane (People are like sheep and have two speeds: grazing and stampede)
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