Over reaction? Or self defense?

[The_Outlaw]

The incident happened around 9:30 Thursday night at the corner of Larmanda and Winchester streets in Northeast Dallas. Moffett's two sons, ages 14 and 9, were walking both dogs with leashes when, Moffett said, Junior — a Pit Bull-American Bulldog mix — got loose and ran towards David Peña and his pet Schnauzer.
"My son thought at first that he [Peña] was hitting the dog... and then he looked a little closer and saw that the man had a knife," Moffett said. "My son stepped back. He couldn't do anything."
Moffett said the other dog, Sandy, a Boxer mix, then got away and it was also stabbed.
Moffett raced to the scene after her sons called her. When she arrived, Dallas police were already there.
"When I get out of my car, I see both of the animals just laying there," Moffett said. "There was blood everywhere."
David Peña did not wish to discuss the incident on camera. He told News 8 the Moffetts' dogs attacked him, and the children couldn't control the animals. He said he was trying to protect himself and his dog.
Peña said he went to the hospital for treatment of two bites, and that his dog was also injured. He said that he feels bad for the youngsters who had to witness the incident.
Tiffany Moffett believes Peña overreacted.

Link Removed

 

[~OtisM~]

Not enough info.

 

[Shoobee]

Agreed, not enough info given.

The boys make it sound like the stabber up and stabbed the dogs for nothing.

But the stabber had 2 bites on his body.

So the boys seem to be lying.

 

[The_Outlaw]

Agreed, not enough info given.
The boys make it sound like the stabber up and stabbed the dogs for nothing.
But the stabber had 2 bites on his body.
So the boys seem to be lying.

If I or one of my loved ones suffered even just 'one' bite from any aggressive animal/s while we are outside minding our own business, I would probably choose to use deadly force on the aggressive animal/s as well. We tend to go out for an evening walk after dinner wth our kid and I am always carrying just in case we are attacked by any aggressive animal or group of aggressive animals (both the 4 legged & 2 legged kind).

 

[jabatam]

Damn shame. Pits are naturally people-friendly but dog-aggressive and many have a strong desire to display dominance over unfamiliar dogs. Odds are high that he (the pit) was heading for Mr. Peña's dog but he had no way of knowing that and has the right to defend himself and his property. As much as it pains me to say this (because I own a pit and a boxer), it sounds like Mr. Peña was justified

 

[Tripletap]

Me and my wife take walk in the evening as well and I would not hesitate 1 second to take the same action if I felt like we were in danger. I think it's very important to control your animal at all times and these boys seem like they could not ,or did not accomplish that. It's a very unfortunate event, but the mans safety trumps the dogs well being IMO.

 

[bswartz15]

I'd like to know if the dogs bit before or after they were stabbed and how aggressive they were. Hard to decide without a video of this, but I cannot fault the man for acting in self defense.

 

[SR40c]

If it played out as written, Mr. Pena was justified. Sad indeed, but that's how it is.

 

[bootsdeal]

If Pits are naturally agressive towards other dogs, then they should be illegal in city areas. I say this because of the fact that lots and lots of people have dogs for pets and take them outdoors regularly. Therefore, Pit owners know that every time they let their Pit outside, they're potentially asking for trouble. No way would I have an agressive dog of any kind if I lived around other people with pets. Just asking for a lawsuit. Basically, I think that there are too many people out there that enjoy seeing their Pit attack other dogs and maybe even people.

 

[kelcarry]

As soon as the boys lost control of the dogs it was all on them--period/end of story. I see loose dogs that I do not know and that are big enough to harm me, I will act right then and there. If such actions like that are not for you, I suggest you purchase a can of bear spray (not that little lipstick case) and use it. It has distance and will stop a bear--so for any dog it should stop them in their tracks. Carrying a knife, IMO, is the only other preferred dog defense, besides the bear spray I mentioned. With all the movement going on in close quarters and other people probably around, the idea of pulling out a firearm and starting to shoot seems to me to have more things going wrong than right---miss the dog, shoot someone else, shoot yourself etal---try and visualize the scenario with dogs barking and running and jumping and biting and twisting and turning and you in the middle of it with a firearm trying to aim. Usually I carry a serrated knife with me when I walk (no dog)--I would do exactly what happened in this thread. It should also be noted that in many if not most states animals are legally the way you think of a shovel or a rake--their death cannot be equated in any way shape or form to the death of a person---legally or perhaps--civilly.

 

[bfreak72]

I am going self defense as long as the even tried to bite. You must be able to control your pets on a leash. Truly sorry the children had to witness this.

 

[johnmed3]

This reminds me of what happened to me a couple of months ago. I went to take out the trash, and was walking to the dumpster, when i hear "click clack, clik clack" (Big dog nails clicking the concrete floor). And i thought dog, big dog running my way! I turn around had my hand on the grip of my combat commander, but saw the dog had his "happy face" and was wagging his tail. He just wanted to play! And it was a pit, i told him you're a lucky dog, and took the trash to the dumpster while he kept watching me lol.

 

[CapGun]

Agreed, not enough info given.

The boys make it sound like the stabber up and stabbed the dogs for nothing.

But the stabber had 2 bites on his body.

So the boys seem to be lying.

I only read up to your post shoobee but just HAD to comment. Hey thoricuncle>>> want to reconsider your "like" of his post.
"So the boys seem to be lying." Looking at what happened through your one eye I guess so but both my eyes are open. Is there anything said or posted that would rule out
that he might have gotten those bites as he was stabbing those dogs???????????????? Glad you're not a lawyer or an advisor. If you are don't say anything more to reduce your credibility any further.

 

[CapGun]

If I or one of my loved ones suffered even just 'one' bite from any aggressive animal/s while we are outside minding our own business, I would probably choose to use deadly force on the aggressive animal/s as well. We tend to go out for an evening walk after dinner wth our kid and I am always carrying just in case we are attacked by any aggressive animal or group of aggressive animals (both the 4 legged & 2 legged kind).

Hey real The_Outlaw how's it going? I don't believe there is anything in the article that actually proves that is what happened. I agree with you though if what you posted had happened but be warned in many states you can't just shoot another dog to protect your own dog but can use deadly force to protect you and yours if you are attacked or believe you were about to be!

 

[SGB]

Looks like a good sticking

 

[MI .45]

In those states that don't permit protection of ones pet... why does my small or non-aggresive dog/cat have the right to die and the large aggressive one doesn't?

 

[SGB]

In those states that don't permit protection of ones pet... why does my small or non-aggresive dog/cat have the right to die and the large aggressive one doesn't?

Show me a state statute that does not allow you to protect your animals from an attack by other animals.

 

[MI .45]

Show me a state statute that does not allow you to protect your animals from an attack by other animals.

I'll have to defer to CapGun's post #14. I cannot say that I verified his statement completely. I did find the following which puts defense of pets into somewhat of a grey area and when common law is used things can go anywhere:

The legal consequences vary, depending on the state and the circumstances. For that reason, you are reminded again that you must seek the advice of an attorney if you have defended your dog against a dog attack. Only very general information can be provided here.

In California, people have a statutory right to kill dogs that attack certain listed animals, and a common-law right to defend their other domestic animals from attack under most circumstances. Other states have laws that are similar in nature; however, the list of animals might be different, so the laws have to be read carefully.

California provides a privilege to kill any animal that is worrying, wounding or killing certain other animals. California Civil Code section 3341, subdivision 2, states that any person can kill any animal (including a dog) that is off the premises of the owner and is worrying, wounding or killing certain listed animals:

3341, subd. 2. Any person on finding any dog or dogs, or other animal, not on the premises of the owner or possessor of such dog or dogs, or other animal, worrying, wounding, or killing any bovine animals, swine, horses, mules, burros, sheep, angora or cashmere goats, may, at the time of finding such dog or dogs, or other animal, kill the same, and the owner or owners thereof shall sustain no action for damages against any person so killing such dog or dogs, or other animal.

If a dog comes into your backyard and is killing your pet rabbit, you cannot kill the dog and claim a privilege under this statute, because rabbits are not listed. However, your fault (if any) for killing the dog would be compared with the fault of the dog owner. While you would not be entitled to claim a privilege to kill, a jury might decide that you nevertheless acted reasonably, or that the dog owner was principally at fault. This is because there is a common law privilege for defending domestic animals from attack:"

 

[jabatam]

If Pits are naturally agressive towards other dogs, then they should be illegal in city areas. I say this because of the fact that lots and lots of people have dogs for pets and take them outdoors regularly. Therefore, Pit owners know that every time they let their Pit outside, they're potentially asking for trouble. No way would I have an agressive dog of any kind if I lived around other people with pets. Just asking for a lawsuit. Basically, I think that there are too many people out there that enjoy seeing their Pit attack other dogs and maybe even people.

I misspoke. They have a natural tendency to be dog-aggressive. That does not mean they all are. I've met many that never showed any inkling of aggression towards other dogs and others that went bat-**** crazy when they saw one. You have to realize that they are a man-made breed that came about in the last 150 years or so and they were originally bred as fighting dogs. Now, dog fighting back then was far more "gentlemanly," well as close as you could get anyways. Dogs were not often killed and the fight was ruled over once a clear winner was established. The owners were in the ring with the dogs and often handled them in the midst of a fight. If an owner was ever bit, even while breaking up a fight, the dog was killed as well as its offspring. This effectively bred human aggression right out of this breed of dogs. These people also isn't keep their dogs caged up all the time or physically abuse them and all the BS that modern-day dog fighters do either. These animals were their family pets and were often entrusted to watch over children. This is why you may hear someone say they are naturally people-friendly. With today's irresponsible owners and back-yard breeders, it is very possible this trait will eventually be bred out...but that will take quite some time. I hope this helps clarify what I meant

 

[carracer]

I would shoot my own dog to defend a person being attacked by him.