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Local man within rights to shoot, burn dogs, not torture them

November 2, 2010

From KENS5
By Nadia Ramdass BioEmail

Arson investigators were called to a home after they received reports of an out-of-control grass fire. However, when they arrived, they found much more than that. Investigators say they found a horrible case of animal abuse.

You may think shooting and torching your pet dogs would be grounds for animal cruelty, but in this case, it is not.

On Friday afternoon the St. Hedwig Fire Department responded to a call of a grass fire. The Bexar County Fire Marshall’s Office sent out one of their arson investigators to the scene.  That part is pretty routine.

While trying to determine the source of the fire, Bexar County officials say the home owner, 80-year-old Joske Smith, admitted that it began when he shot his two dogs and then burned their remains. That fire got out of control and ended up consuming about five acres of land.

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Why did he do it?

Smith says his dogs were eating his chickens, and he couldn’t financially afford to turn them in.

“Oh I feel bad I love them dogs, but I just didn’t like the way they did me they eat up on what I spend money on,” said Smith.

The investigators also noticed a third dog tied to a tree without food. The animal was reportedly covered with fleas and had a bowl of dirty rainwater nearby.  He was alive, though, so a local animal rescue group stepped forward to take the dog in.

It’s the law.

Now Smith faces one charge of animal cruelty for the lone dog that survived.

According to Texas law, an owner is entitled to kill their dog, but not torture them. However, it all comes down to intent.

A very guarded and hurt Australian Shepherd mix does not have a name just yet. However, thanks to the Etosha Rescue and Adoption he will have a second lease on life after dodging two bullets from the same firearm that ended the lives of his pals.

Since investigators were unable to determine if the dogs were alive before they were burned, Smith will not be facing any charges for their deaths.

RESOURCES

State Animal Cruelty Laws

Laws relating to animals can vary widely from state to state. To enable you to find your state’s laws quickly and easily, the ASPCA has partnered with the Michigan State University College of Law’s Animal Legal & Historical Center to share its online database of animal-related laws, and their penalties, from all 50 states and the District of Columbia. This database is updated and expanded on a regular basis.

Once you’ve selected your state from the drop-down menu HERE, a new webpage will open where you will find the state’s different categories of animal laws organized in a chart. Find animal cruelty laws by clicking on the link next to the box that says “Consolidated Cruelty Statutes.”



The Few and the Proud, Prosecutors Who Vigorously Pursue Animal Cruelty Cases

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Read More … THE LAW

when rights are wrongs
and wrongs are right
the twisted ill-logic
we face every day
in our fight
when there is lawless
for law
and injustice in just
where do we go
who can we trust:(

Karen Lyons Kalmenson

7 Comments leave one →
  1. Roxanne Allard permalink
    November 2, 2010 11:35 am

    I can’t believe this is the U.S. This man doesnot deserve to walk the face of this earth. What the hell is wrong with people?

    Like

  2. November 2, 2010 11:47 am

    The law is a total shambles regarding animal welfare…no wonder there’s so much cruelty around. This old man sounds as if he was a very bad owner and needed educating on how to look after dogs etc., many, many years ago. …I would imagine that all his dogs spanning many years have been badly treated, just from the signs of the one tied up….and probably if they’d been fed properly they wouldn’t have killed his chickens……idiots come young or old……we need good prison sentences to put fear in would-be animal abusers……these violent, wicked animal cruelties have to end, NOW!!!!!

    Like

  3. karen lyons kalmenson permalink
    November 2, 2010 11:56 am

    when rights are wrongs
    and wrongs are right
    the twisted ill-logic
    we face every day
    in our fight
    when there is lawless
    for law
    and injustice in just
    where do we go
    who can we trust:(

    Like

  4. ana molina permalink
    November 2, 2010 1:08 pm

    PUNISH THAT MAN TO THE MOST!!!!!

    Like

  5. Animal Connection permalink
    November 2, 2010 3:06 pm

    Wow…. “Oh I feel bad I love them dogs, but I just didn’t like the way they did me they eat up on what I spend money on,” said Smith. ——– If this is how this man shows love to animals, by shooting then burning his pets, I’d hate to see what he does to animals he hates. Those poor dogs…

    ~Liddy

    Like

  6. Leah permalink
    November 3, 2010 7:55 am

    I say “Shoot the bastard, then burn him” … ignorant red-neck!

    Like

  7. michelle morel permalink
    November 3, 2010 10:54 am

    tie this b—–d to a tree and starve him and see if he then likes what he’s done to these beautiful animals so so sad

    Like

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