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Old March 6, 2011, 01:06 PM   #18
Double Naught Spy
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Join Date: January 8, 2001
Location: Forestburg, Montague County, Texas
Posts: 10,576
Quote:
The shooter was protecting his dog - making no claim for protecting himself with lethal force - questionable legal use of his weapon.
The law does not say that the reason for use of lethal force must be stated or that it must be stated completely. I am sure it could be easily argued that he felt his safety was in jeopardy while trying to pull the biting bull mastiff off his own dog. It wasn't as if he was 50 feet away from the fighting. He was in the middle of it.

Quote:
The bullmastiff's owner, Tammira Martinez, told KRDO she thinks the greyhound's owner did not give her a chance to regain control of Flato before using his gun.
The greyhound's owner gave her plenty of time, fighting with the mastiff himself to no avail. When that failed, he put an end to the threat.
http://www.therepublic.com/view/stor...ting-Colorado/ He also issued a verbal warning to Martinez who did nothing of consequence to remove her dog.
http://www.gazette.com/articles/poli...hound-dog.html

Quote:
Police said as of right now, the man isn't facing any charges and Martinez told KRDO Newschannel 13 she does not plan to pursue any legal action because lawyers "can't bring my dog back."
More than likely, she doesn't want to pursue any legal action against the greyhound's owner because the incident is her fault. Of course, she also claims that Flato wasn't dangerous, though the greyhound required several staples in its neck to close the wounds.

She also claims her dog wasn't aggressive, yet doesn't seem to be able to explain how her passive and friendly dog managed to drag her across 15 feet of grass and pavement before breaking free from her and why it attacked another dog. http://www.gazette.com/articles/poli...hound-dog.html

Well this explains it...
Quote:
"If he was aggressive, he would have went after the owner in self-defense," Martinez said.
So since her dog only attacked another dog, it wasn't aggressive. http://www.denverpost.com/breakingnews/ci_17531116

There really is no way that Martinez would be able to justify in a lawsuit that her dog wasn't aggressive. She can say it, but that doesn't make it reality. She openly admits that her dog drug her for quite a distance before breaking free of her control and attacking the greyhound. No doubt a counter suit from the greyhound's owner would be expensive.
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