Township candidate facing charges for shooting dog
Mankato, MN (US)

Incident Date: Friday, Jul 9, 2010
County: Blue Earth

Charges: Felony CTA
Disposition: Alleged

Alleged: Caroline Ruth Wood

A Mankato Township board candidate who has been in a long property dispute is now facing a felony charge for shooting her neighbor's dog.

Caroline Ruth Wood, 44, also was in civil court Tuesday asking a judge to find her neighbor, John Enger, in contempt of court. Enger responded with his own motion asking the court limit when and where Wood can use her firearms.

Judge Kurt Johnson said he thought the situation had been settled with an order he issued in December. He was clearly surprised that the dispute had escalated to gunfire on July 9, which is when Wood admits to using a handgun to shoot Brownie, Enger's Thai ridge back (or Asian black lab).

"She shot the dog?" Johnson asked at one point during Tuesday's hearing. "Ms. Wood shot the dog?"

Enger and Wood, who have adjoining yards on Highway 66 across from Mount Kato, have been in a property dispute since Wood moved into her house about two years ago. She is not happy about a driveway that the county had acquired for Enger in the 1990s when Highway 66 was improved. It runs along her front yard, parallel to the highway.

The original driveway Enger put in when he built his house 30 years ago had to be moved because it had poor sight lines for passing motorists. His house is now above a retaining wall that prevents him from having a driveway on his own property.

Wood filed a lawsuit in June 2009 initially questioning whether Enger's driveway easement was valid. Her attorney conceded early on that there was clearly a 40-foot easement that had been sold to the county by a previous owner.

Wood has also accused Enger of not doing enough to keep his dogs off her property. She said she's concerned for her safety and the safety of her small service dog, which she brought into the courtroom with her Tuesday.

After scaring the dogs away with gunfire during previous incidents, she used a 9mm handgun to shoot Brownie. The dog survived a direct hit to the chest, but lost one of its front legs. As a result of that incident, a felony charge of mistreating animals and a misdemeanor charge of reckless use of a dangerous weapon were filed against Wood last week.

She called 911 to report she shot the dog, which she described as a pit bull, at about 4:30 p.m. on July 9. When a deputy arrived, she told him she grabbed her gun after she saw Enger's dog in her yard. She said she stood in her doorway, yelled at the dog, then shot one round when it came toward her, according to the criminal complaint.

"(Wood) was asked that, if she was standing in the doorway at the time she shot the pit bull, why she didn't just close the door instead of shooting it," the complaint said. "(Wood) claims she was scared and feared her two dogs would get out and get attacked by the pit bull. (She) was advised that she could have closed the door and called 911."

The deputy also interviewed a witness, Ben DeMars, who reported he was sitting with Enger on Enger's patio when he heard one gunshot and a "yelp" from the dog. DeMars said he did not hear Wood yell at the dog or call for help before the gun was fired.

An empty shell casing also was found about 26 feet away from Wood's front door. If the casing had been ejected from the gun in the location where Wood said she was standing, it would have gone toward the house, the deputy told her. He also said it was unlikely the casing would have flown that far when it was ejected from the gun.

When the deputy returned to interview Wood again four days later, she told him she wasn't sure where she was standing when she shot the dog, the complaint said.

Wood described the incident in detail in an affidavit she filed with the civil suit in September. She was requesting Enger be found in contempt of court for not following an earlier order to keep his dogs on a leash while on the easement. She also claimed to have photographs and video of Enger's dogs being walked on the easement without a leash.

Wood only produced two photographs during Tuesday's hearing. Johnson said neither showed anything conclusive.

Enger's attorney, Daniel Bellig, told Johnson the July incident and Wood's inability to show any proof of her civil claims suggest she isn't acting reasonably. That's a concern for Enger and his wife, Bellig said.

"It just is not safe for my clients out there," he said. "Law enforcement doesn't want to come out anymore. They're fed up.

"The situation is getting out of hand and, considering what happened in July, it's getting dangerous."

Johnson said he thought the dispute was settled, but would consider the motions. Wood is scheduled to make her first court appearance for the criminal charges on Nov. 18.

References

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