Dog shot, resulting in death
Hayden, ID (US)Incident Date: Monday, Feb 5, 2007
County: Kootenai
Charges: Misdemeanor
Disposition: Dismissed
Person of Interest: Leonard Hammrich
Kootenai County Prosecutor Bill Douglas says he had to dismiss an animal cruelty case in August against a man accused of shooting his neighbor�s dog because of a loophole in the state law.
Now Douglas is lobbying for amendments to the state�s animal cruelty law.
�Presently a criminal defendant who inflicts cruelty upon an animal is only guilty if he/she is the owner or has care and custody of such animal,� Douglas wrote in a letter to Idaho Rep. Jim Clark, R-Hayden, and Sen. Mike Jorgenson, R-Hayden Lake. �That is a ridiculous notion.�
Under the current law, �a person might shoot his neighbor�s dog that is merely trespassing on property even if that dog is NOT posing a threat or harassing livestock,� Douglas wrote.
Hayden resident Leonard Hammrich, 67, was set to be tried in late August on misdemeanor charges of animal cruelty and disturbing the peace, but Douglas said he had to dismiss the case because Hammrich wasn�t the dog�s owner, and the dog wasn�t in his care at the time of the shooting.
Prosecutors alleged Hammrich mortally wounded his neighbor�s golden retriever, �Turbo,� on Feb. 5. A sheriff�s deputy had to shoot and kill the dog due to the severity of injuries the animal suffered. �The dog wasn�t chasing or doing anything to the horse,� Hammrich told sheriff�s deputies, �but I have had dogs chase my horses in the past, and this dog was looking towards the horse so I shot him.�
The dog�s owner, Viveca Duff, could not be reached Thursday. A woman at Hammrich�s home declined to comment.
In his letter to the legislators, Douglas said he believes livestock owners must still have protection from dogs that chase or harass livestock.
�The present law promotes chaos between neighbors and a Wild West attitude that innocent trespassing pets will be shot on sight,� he wrote.
State Sen. Jorgenson said upset constituents have called about pet disputes with their neighbors.
He described himself as a �dog lover� and said he generally agrees with Douglas� proposed amendments but wants to do more research. References
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