Austin Police shoot man's dog (Mart: home, law, versus)

[JohnHenrySDM]

It's a terrible situation all around.

Originally Posted by brattpowered

I knew Mikey and his dog...

Is this the same Mikey that got drunk and drove his truck into a pedicab, injured its driver and passengers, and then fled the scene? I've been told it is the same person, but haven't heard it confirmed.

Driver arrested for hitting bicyclist on E. 6th St near Comal. Austin Police arrested 40-year-old Michael Paxton after he drove on the wrong side of the street & struck a bicyclist. He did not stop to check on him & fled from the scene. Witnesses followed Paxton and wrote down his license plate number. The bicyclist was knocked unconscious and transported to the hospital.

Of course that changes nothing about this particular incident. But it does act as something of a character reference. (Before anyone gets too pissed off at my callousness, please refer back to my 1st sentence above.)

[TexasHorseLady]

I don't know if that's the same person. I'd like to NOT know if that's the same person, because I've been trying very hard to judge this solely on the incident itself and what we could hear of it on the tape, rather than from a he said/he said perspective (it's a shame that the incident didn't happen in view of instead of just in sound of the camera). Apparently according to a report I read (with video) a representative of the police department stated that there were only 3 seconds from start to dead dog - that sounds a bit long from what I heard but I haven't gone back and timed what I was hearing.

Nighthawks11, I have a heeler, and it's our second one. So I AM more than a little familiar with them. Yes, they can hold their own with cattle, not because they attack them but because they can get in and away, as you said, VERY fast, nipping AT the heel (they rarely actually have to nip the heel itself) and back before they get kicked. They're also extremely intelligent dogs.

If someone unknown comes on our property, we are given the alarm, and if I go out the heeler will be holding the person until I give the code, "they're invited", at which time he backs down. I didn't teach him that, he taught me that. They're really easy to handle with voice commands and whistles. However, listening to that tape, there was absolutely no time for a voice command, even, to be given to the dog, never mind the owner hearing the officer say so, processing, and being able to do so physically.

I still say the officer overreacted. Do I understand how a person could do that? Absolutely. Do I think that means that person is necessarily suited to high-stress situations where keeping one's cool is critical and a matter of life and death? Not so much - that kind of emotional reaction is especially unsuited, come to that, to handling an actual domestic violence situation, leaving the dog out of it entirely.

Again, I have high regard for law enforcement personnel who risk their lives every day. However, the fact that they have to make such snap life and death decisions and are authorized to do so carries an extra level of responsibility. Not everyone is suited for the kinds of situations that officers can find themselves in quite unexpectedly; if they were, we likely wouldn't need law enforcement in the first place.

[CarnivalGal]

Not sure if it's the same person, but the picture looks a lot like the guy interviewed on the news last night.

But I still think the cop acted too quickly. He didn't even give the owner a chance to get his dog. And why was a gun the first thing he reached for? If he was just trying to stop the dog, why didn't he reach for his pepper spray or taser?

[TexasHorseLady]

He already had his gun out, apparently to defend himself against the person. Why he didn't choose his pepper spray or taser first for that purpose is another question.

[OpenD]

Originally Posted by TexasHorseLady

They're really easy to handle with voice commands and whistles. However, listening to that tape, there was absolutely no time for a voice command, even, to be given to the dog, never mind the owner hearing the officer say so, processing, and being able to do so physically.

However, from a legal standpoint, the owner was not in control of the dog. By city ordinance, the dog had to be on a leash or inside an enclosure. But it wasn't, it was loose.

And a month earlier, he was not in control of the dog when it threatened a passing pedestrian sufficiently that the pedestrian called Animal Control with a complaint.

Again, I'm sorry for all that this tragedy occurred. The officer is contrite, Chief Acevedo has apologized for the APD, and the officer has been reassigned while an investigation ensues.

But Mr. Paxton needs to take responsibility for the fact that he was not in control of his dog, and that it engaged in behavior that a reasonable person would consider aggressive.

[oldtoiletsmkgdflrpots]

The other day someone said to me, "well, how about police dogs?" They questioned the fact that if someone kills a police dog it's a felony with prison time. Then they questioned the law regarding the law killing your pet. Is there a law that protects pet owners?

Of course I have more questions than answers. What is the law in Texas?

I'm including a link to some "pending legislation". Because we're dealing with the internet I don't know if it is current or not...hoping someone can clarify. It is in regards to Texas law. Statutes

I have mixed emotions regarding this whole thing. All I could think of is if the local police killed our dog by mistake.

Lastly, to bring in the question whether or not this guy was the same one that committed a crime was uncalled for in my opinion. IF it is he must have paid the consequences, did the time, or whatever.

[oldtoiletsmkgdflrpots]

Originally Posted by OpenD

However, from a legal standpoint, the owner was not in control of the dog. By city ordinance, the dog had to be on a leash or inside an enclosure. But it wasn't, it was loose.

And a month earlier, he was not in control of the dog when it threatened a passing pedestrian sufficiently that the pedestrian called Animal Control with a complaint.

Again, I'm sorry for all that this tragedy occurred. The officer is contrite, Chief Acevedo has apologized for the APD, and the officer has been reassigned while an investigation ensues.

But Mr. Paxton needs to take responsibility for the fact that he was not in control of his dog, and that it engaged in behavior that a reasonable person would consider aggressive.

When did he have time to "control his dog"?

[TexasHorseLady]

Exactly. His mistake was not closing the gate when he came out to see what was going on in HIS driveway. The dog was on his property - in his driveway - at the time.

OpenD, I'd like to know a bit more about the report from the pedestrian. Remember, there's lots of people out there who are afraid of dogs who will feel threatened by even seeing a dog in its own yard, or coming up to them wagging its tail. That they called Animal Control and complained is one thing; what was the result of the complaint?

[OpenD]

Originally Posted by oldtoiletsmkgdflrpots

When did he have time to "control his dog"?

Before he let it out.

Point being, it was off leash, not inside a fence. Same exact circumstances that resulted in the complaint being filed a month earlier.

I know a lot of dog owners are careless about this, and obviously it's not occurring to a lot of people that Mr. Paxton did anything wrong, but in fact he did. The dog should not have been loose.

[oldtoiletsmkgdflrpots]

Originally Posted by OpenD

Before he let it out.

Point being, it was off leash, not inside a fence. Same exact circumstances that resulted in the complaint being filed a month earlier.

I know a lot of dog owners are careless about this, and obviously it's not occurring to a lot of people that Mr. Paxton did anything wrong, but in fact he did. The dog should not have been loose.

Blame the dog owner, and bring up his past record, (if he has one)? Nice diversion.