Dog shot Flagler Beach, FL (US) Incident Date: Wednesday, Dec 31, 2003 County: Flagler Local Map: available Disposition: Convicted Abuser/Suspect: Sherman Carroll

Case ID: 5004 Classification: Shooting Animal: dog (pit-bull) View more cases in FL (US) Abuse was retaliation against animal's bad behavior Login to Watch this Case

Karen Siefken keeps the bullet that nearly killed her son's pit bull in a clear plastic bottle on top of a stack of legal documents and medical papers in her living room. She kept it for nearly a year "in case we ever went to trial," she said last week, shrugging her shoulders and then adding, "But it never even made it that far."

In January 2004, Sherman Carroll -- who lives on the same street -- was walking his own dog when he encountered the pit bull for a second time. With memories still fresh of when the pit bull attacked his dog and him, Carroll made a drastic decision: He shot the dog.

"Now me, someone who has never drank or used drugs, and never had been in trouble with the law now has a criminal record," Carroll said last week. "All I was doing was protecting me and my dog."

Becky Wilson, director of Volusia County's animal control services said animal control officers typically conduct an investigation, talking to people on both sides. Something they look for, she said, is whether the person who injured the animal had ample time to get out of harm's way.

"If a dog is shot in the rear end, it wasn't an attack. It was leaving the scene," Wilson said. "We have had cases where people shot an animal, but they had to go into the house to get a gun. Once you go into the house, you have access to the telephone and you can call us. We can come and get the animal. There is no need to shoot."

Volusia and Flagler counties follow the state's definition of a dangerous dog, which classifies as dangerous when it has attacked, endangered or inflicted severe injury on a human being on public or private property. The state guideline -- used by animal control officers -- says a dog can also be classified as dangerous when it injures or kills a domestic animal while off the owner's property or if witnesses say it threatened to attack. A dog can also be deemed dangerous if it has been used for dog-fighting.

Down the road from Siefken, 63-year old Carroll keeps pictures from June 2003. That's when, police records state, the pit bull named Face attacked his then 8-year-old, arthritic German shepherd, gashing his ear and neck. He also keeps pictures of his injured arm and legs, suffered, he said, when he tried to pull Face off Ray. The original incident cost him about $500 in medical bills for him and the dog, he said.

Carroll said that six months later, Face came after his dog again, leaving him no choice but to shoot. Face was shot in the liver, and veterinarians feared he would bleed to death, Siefken said.

Carroll was eventually arrested.

Siefken said Carroll never needed to fire because her son Christopher was holding Face by the collar.

"If he wasn't after our dog, why did he have a gun?" Siefken asked rhetorically.

Carroll said he began carrying a pistol after his own dog was attacked and that he walked that way because it was part of his routine.

"I never thought I would have to use it, but having it gave me peace of mind," Carroll said. "I really didn't expect to see him."

Christopher Siefken, the main eyewitness to the shooting, could not attend many of Carroll's pretrial and deposition hearings in court as he served time in prison for a 2001 drug-trafficking charge. But his mother said she was at each and every one -- about a dozen in all.

"I guess with Christopher gone, I transferred all my mothering and protective instincts to the dog," she said.

Carroll said he'll never forget being handcuffed and arrested and trying to live life with the constant fear he could possibly serve up to three years in prison.

In the end, Carroll accepted a plea bargain and pleaded no contest to two misdemeanors -- animal cruelty and unlawful use of a firearm. Carroll was placed on probation for a year and ordered to pay Siefken $4,400 for Face's medical bills. In addition, Carroll was ordered to complete 25 hours of community service at the Flagler County Humane Society.

He estimates the ordeal cost him about $7,000 in legal fees and medical costs.

"That's a lot money for me, but I had to save my dog," he said. "I couldn't let the pit bull rip his throat out, and there was no way I wanted to go to prison."

Animal control officials said two simple things owners can do to prevent themselves or their pets from being on either end of an attack are to keep their pets on a leash and carry pepper spray.

"What it comes down to is being responsible by keeping your animal on a leash and respecting your neighbor and their property," Wilson said. "It just comes down to being respectful and being responsible."

Siefken said these days she never walks Face without a leash. For his part, Carroll walks his dog at a park, avoiding Siefken's property.

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