dog bites mans bag and dies

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  • IndyDave1776

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    The article is ambiguous as to the nature of the charges of which the defendant was convicted. I would argue that he should not be held legally responsible for actions taken involving the dog outside the real of his consent or control. As far as i am concerned, this is no different than a situation of an officer confiscating a gun and then managing to shoot himself with it--the owner had no viable way to have prevented the incident.
     

    hrearden

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    that dog was an "officer"
    Yes, police dogs are considered "officers" now. So even if that German Shepard who is clamping its jaws around your arm has the wrong guy, you better just sit there and let him cripple you.
     

    Ted

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    Yes, police dogs are considered "officers" now. So even if that German Shepard who is clamping its jaws around your arm has the wrong guy, you better just sit there and let him cripple you.

    Nope. IC 35-41-3

    ........(i) A person is justified in using reasonable force against a public servant if the person reasonably believes the force is necessary to:
    (1) protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force;
    (2) prevent or terminate the public servant's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle; or
    (3) prevent or terminate the public servant's unlawful trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect.

    (j) Notwithstanding subsection (i), a person is not justified in using force against a public servant if:
    (1) the person is committing or is escaping after the commission of a crime;
    (2) the person provokes action by the public servant with intent to cause bodily injury to the public servant;
    (3) the person has entered into combat with the public servant or is the initial aggressor, unless the person withdraws from the encounter and communicates to the public servant the intent to do so and the public servant nevertheless continues or threatens to continue unlawful action; or
    (4) the person reasonably believes the public servant is:
    (A) acting lawfully; or
    (B) engaged in the lawful execution of the public servant's official duties.
    (k) A person is not justified in using deadly force against a public servant whom the person knows or reasonably should know is a public servant unless:
    (1) the person reasonably believes that the public servant is:
    (A) acting unlawfully; or
    (B) not engaged in the execution of the public servant's official duties; and
    (2) the force is reasonably necessary to prevent serious bodily injury to the person or a third person.
    As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.8; Acts 1979, P.L.297, SEC.1; P.L.59-2002, SEC.1; P.L.189-2006, SEC.1; P.L.161-2012, SEC.1.
     
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    ghunter

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    nap-town
    Yeah, what was up with that dog? They are usually trained to get a sniff of the dope, sit near it with nose pointing at it, and wait to be rewarded (usually they get to play with a tennis ball).
     

    Ted

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    Actually, youre right, that was just changed, wasnt it? Guess Im just conditioned on some things.

    Yep, recently.

    I had to think about it for a few seconds too, before posting it......and we all are as we get older.
     

    IndyDave1776

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    He wasn't charged for the dogs death. He got 11 years because he plead guilty to possession with the intent to distribute, distributing 500 grams or more of cocaine, and possession with the intent to distribute 500 grams or more of cocaine.

    Man sentenced for drug deal that killed police dog | WWAY NewsChannel 3 | Wilmington NC News

    Please don't tell me that I am the only one who sees a problem with the man being charged 3 different times for 3 different descriptions of the SAME offense.
     

    Ted

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    Please don't tell me that I am the only one who sees a problem with the man being charged 3 different times for 3 different descriptions of the SAME offense.

    I'm having a problem with it, because they didn't share any of the coke with me. :):
     
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