Case Details

Dog shot through the spine
Johnston, RI (US)

Date: Jan 1998
County: Providence
Local Map: available
Disposition: Alleged

Alleged: James M. Burgess

Case ID: 3162
Classification: Shooting
Animal: dog (non pit-bull)
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Animal was offleash or loose
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James M. Burgess, 46, a part-time chicken farmer has been charged with discharging a firearm in a compact area and felony cruelty to animals.

Paula LaBonte and George Comerford found their dog whimpering and struggling to lift himself from where he lay bleeding, a bullet through his spine.

The dog was chained to a tree in their backyard when he slipped his collar and ran towards the Burgess's property. Burgess raised a rifle and shot the dog.

The dog was taken to Warwick animal hospital, where x-rays showed bullet fragments in the dog's spine. Because of the seriousness of the injury, the dog was euthanized.

The veterinarian will remove the bullet. The dog appears to have been shot with a .22-caliber gun. At the request of the police, Burgess turned over a shotgun and a rifle, which police said was old and inoperable.

Burgess was held overnight at the Johnston police station and released on $10,000 personal recognizance and will be arraigned in Superior Court March 16.

Johnston's animal control officer said he had received three complaints about the dog running loose, the most recent coming just before Christmas. All of the callers were anonymous, he said.

Burgess raises about 1,000 geese, ducks, chickens and guinea hens a year in four small buildings. He lost 70 birds to raccoons, cats, feral dogs and coyotes last year, he said.

According to state law, if the dog had been going after Burgess's birds Burgess would have been justified in shooting him, but police said they have no indication Rocky threatened Burgess or his birds.

The felony cruelty to animal charge is punishable by up to 11 months in jail and a fine of up to $2,000, according to Lionel Hetu, executive director of the Society for the Prevention of Cruelty to Animals.

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References

Providence RI Journal-Bulletin - Jan 6, 1998

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