Dog shot with BB gun
Loganville, GA (US)

Incident Date: Saturday, Jan 7, 2006
County: Walton

Disposition: Alleged

Alleged: Steve Phillips

Case Updates: 2 update(s) available

Melinda Payne said the only reminder she has of her granddaughter's 6-month- old Chihuahua puppy is the small grave in her backyard.

She said the puppy, Lola, was shot with a BB gun by a neighbor, Steve Phillips, last week. The puppy died the following day.

"I know she was out and in his yard, I admit that," Payne said. "But we were trying to get her back in. This was just not the way to handle it."

Payne said her neighbors were out doing yard work last Sunday afternoon. Phillips' wife was cutting the grass on the riding lawnmower and Phillips was cleaning up with the blower. She said her dogs got out the house and the puppy ran up the hill between the properties.

She said she and a friend who was visiting, Amy Green, tried to call her back but before they could get to her, she came running down the hill, yelping, and ran under the house.

"It all happened in about three minutes," Green said. "We didn't even have time to go back into the house and get the treats to entice her down."

Green said they realized she was hurt but it took about two hours to get her out from under the house.

She then went under the bed.

Payne said they saw a small red mark where the BB had entered her but didn't realize how serious it was until the following morning when the puppy died.

"We called the police to report it, but Lola hadn't died yet," Payne said. "I wish I had realized how serious it was, maybe we could have done something to save her."

Payne said during the commotion they didn't realize that the other dog, a black Australian Shepherd, must have also gone into the neighbors' yard and been shot too, but it was in the paw and was only a flesh wound.

"They could have handled this differently. I mean this is 2006. There are agencies that deal with this type of thing," Green said. "That is why we have animal control and the police department. Why didn't they call them instead of taking matters into their own hands?"

"They could have even just come over here - I would have rather taken the verbal abuse than lose Lola," Payne said. "They have never complained to me about the dogs being loose or ever called animal control.

"There was only one instance when they complained about puppies we had in a pen yelping at night and keeping them awake. I got them their shots and gave them all away the very next day."

But Phillips said that isn't so.

He said he and his wife have complained about the dogs running loose on numerous occasions and he had had "all [he] could take."

"My wife and I can't even go out of our door without those dogs chasing us," Phillips said. "We have both spoken to [Payne] many times. But she just ignores it. The dogs chase children walking by and I have told her that one day one of those kids is going to run into the road, and then she will be real trouble."

Phillips' wife said they had spoken to animal control but had been told that unless the dog was still in the yard when they came out, nothing could be done about it.

"And I've been told by many people that calling animal control is a waste of time," Phillips said. "We have leash laws in Walton County that need to be obeyed. They can't just have dogs running loose like that. It isn't safe."

Officer Randell Rusnek of Walton County Animal Control said his office had no record of any complaints about dogs running loose from the Payne's address.

He said the dog would still need to be out loose in order for it to be picked up and a citation issued, but a warning would be given to the dog owner if a complaint had been received.

"And if we get two or three complaints about the same address, we can issue a citation and require the dog owner appear in court," Rusnek said.

A spokesman for the Walton County Sheriff's Office said that a property owner probably wouldn't be charged for shooting a dog on his property if he felt his person or property was threatened in any way.

"How could anyone feel threatened by Lola?" Payne said. "She was so tiny and she was such a sweet little thing."

Case Updates

References

• « GA State Animal Cruelty Map
  « More cases in Walton County, GA

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