Neglected dog tethered to tree, others shot
Saint Hedwig, TX (US)

Incident Date: Friday, Oct 1, 2010
County: Bexar

Disposition: Alleged

Alleged: Joske Smith

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.

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.

References

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