The cop's statement is ridiculous; would she be charged if she had shot the dogs? I hope she has a lawyer as she needs one.
She should have shot the dogs.
That could have been her daughter.
But Biden said you could fire a warning shot!
In my town, it’s illegal to use a firearm unless dispatching a nuisance animal.
They don’t say anything about shooting and missing.
I guess a convenience store owner can get cited then for shooting a robber threatening to kill him?
She should have shot the dogs, why shoot the ground? She and her 4 year old daughter where and ARE at risk because these dogs still roam. Shame on the police for charging her. They should instead counsel her on aiming better, not taking a chance.
Unless there were witnesses, it sounds like she should have never called the police to begin with.
I do that. It works. But I live in the country.
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Trying to figure out why she would call the cops...
Shoot, shovel, and shut up, or else pay the Stupid Tax.
No “Warning Shots”!!
Shoot to protect your life or that of a loved one.
If you miss, you tell the cops you missed!!
prosecution is imo not in the interest of justice..
Everyone in NM needs chickens. Chickens are classified as livestock and livestock owners are allowed to kill dogs that harass their livestock. That is all I have to say about that.
1) I would have killed both of the pit bulls.
2) I carry concealed. If one even goes for my dog (who is always on a leash) the penalty will be instant death.
I also don’t live in a socialist state where they would ever charge me with anything for acting in self defense. If they did, they’d lose in court and they know it - ergo they wouldn’t even try to press charges.
Since when does firing into the dirt do that? But cops do it all the time, the reckless way they shoot. The old double standard, one for cops, one for the citizen.
Anyone who has a firearm needs to have read local “use of deadly force laws” and understand what you can and legally can't do.
Usually they involve a “reasonable man” test and usually the most critical thing you do or don't do is talk to the police after firing your weapon.
Statements, like I need to speak to my attorney before I answer any of your questions are the best response to police. Screaming at the top of your lungs just prior to firing your weapon that you are afraid for your life and telling that to your attorney who will relay it to the police is also good. Likewise telling that attorney that you were afraid for your daughters life will work.
NEVER, NEVER fire a weapon in the air, at the ground. If you have a reason to use deadly force, then use deadly force with the intent of saving your life or that of someone else. To fire any kind of warning shot is for the most part an act of negligent discharge. Oh and brandishing a weapons (i.e. pulling it to intimidate without shooting) is also a crime.
Again, if you pull your deadly force weapon, you need to pass the “reasonable man” test and that means you must pull and shoot, nothing halfway.
Look at what the article says she was charged with. This is a teachable moment.
“....They ended up giving her a citation for negligent use of a deadly weapon for firing within the city limits.
“You can't put other people's lives in danger, you can't put the possibility of injuring somebody in the process,” Artesia Police Department Commander Lindell Smith....”
Self defense would be the tactic that I would use in this situation. She did not know if those pits were going to turn and attack her. She feared that she might be grievously injured by the dogs.
Oh, and request a jury trial.
She’s in trouble because by shooing the dogs away the cops didn’t get to shoot them and cops get really mad when they miss a chance to kill a dog.