Reality check.

[Plural of Mongoose]

After I came home from work yesterday my dog was all excited and needed a bit of exercise.
I was in a rush and left my CCW at home and took the dog to the beach.
The entrance to the beach is about 20 feet away from the water and as we walked to the water my dog picked up a large stick, actually more like a small log, and carried it with her .
As soon as we walked onto the beach I saw a woman with a dog about 100 yards away.
Her dog immediately ran towards us and as it ran towards us I noticed it was a large pit bull .
My dog was within reach of me (she heels very well) and as I reached out to grab her collar the pit bull ran in and head butted her. This resulted in an immediate reaction from my dog and I could tell a fight was about to ensue.
The pit tried to bite my dog's neck as I grabbed her collar and actually grabbed my shirt sleeve instead.
My dog had dropped the stick she had and I was able to pick that up and as the pit circled and attempted to attack I was able to give the pit a good thunk on the head each time it moved in.
At this point my dog was sitting between my legs , growling as the pit circled and looked for an opening.
By then the dogs owner had managed to heave all 400 lbs of herself to our location and instead of trying to command her dog, started bitching at me every time I hit it on the head.
This continued for about a minute , with her chasing the dog in a circle around us and crabbing at me every time I whacked the dog on the head as it tried to bite my dog.
Finally, when the pit lunged and and tried to bite my dog on the face I gave it a good rap on the noggin and knocked some sense into it and it's owner was able to grab its collar. The pit went out of its mind and bit its owner.
Even then all she could say was that she couldnt believe I hit her dog.
I told her that the dog was a menace. I was able to control my dog even in this type of situation and that she was lucky neither myself or my dog were injured.
No apologies, no questions as to our well being.
After about a minute of back and forth I basically told her to perform a certain physical act by herself and she walked off.

As I threw the stick for my dog into the water and she retrieved it, I thought to myself that had I been armed, I may have shot that dog. Shooting someone's dog is one of the last things I ever want to do but this really was a terrifying (for lack of a better word) situation.
I also thought about what the repercussions would have been had I been armed and shot the dog.
Would I have been arrested? Sued? Would I have to justify those actions in court and defend myself against the accusations of a woman who had no control over her animal and obviously thought that animal could do no wrong?
At any rate, I had a lesson reinforced. Never leave your CCW at home, even for a 30 minute walk on the beach.

 

[Bob J]

Holy crap! Glad you and your dog were not seriously hurt!

 

[M1911]

OC spray might have helped in this situation.

 

[whatluck]

Holy crap! I'm glad you're ok. It was a good thing you had that stick. Maybe next time you go out with your dog you should bring a nice heavy walking stick, and maybe some mace too.

 

[Sibb]

Glad your both OK.

 

[Plural of Mongoose]

OC spray might have helped in this situation.

Yes. I agree. When I got home I emptied my pockets and left that on the counter with my work keys and such.
FAIL on my part.

 

[Marcus5aurelius]

There have been a couple signs that have been put up about recent pitbull attacks in our neighborhood. They give out a full description of a white woman in I think a tan SUV. I wonder if it's the same person in this case. Glad you and your dog came out unhurt from all of this. If you were forced to use your CCW, usually the courts take into account that pitbulls are normally the aggressor in most dog fights

 

[ShadeWPI]

1) I'm very glad that you're both ok.
2) Yes, OC or a heavy walking stick may well have helped the situation.
3) Yes, you would likely have had to defend your actions in court had you shot her dog. You may want to consider reporting the incident to the local police in case she decided to file a law suit against you for her injuries (unlikely, but not outside the realm of possibilities. Claiming that you attacked her "playful" dog and your attack caused her dog to bite her when she attempted to seperate you and her dog)

 

[rwl1955]

If you shot the damn pit bull because it was unleashed and attacking your dog you should not be charged. A guy shot an unleashed dog years ago on the town common in the North shore and he wasn`t charged. This doesn`t mean some DA or COP wouldn`t try to go after you. Moral is never leave your gun home.

 

[Mike-Mike]

Keep in mind that using deadly force to protect property is not a good idea in MA. I know some states have the "Kill the dog" Rule. I believe your dog is property but a police dog is a cop.

 

[not new guy]

Keep in mind that using deadly force to protect property is not a good idea in MA. I know some states have the "Kill the dog" Rule. I believe your dog is property but a police dog is a cop.

True, but it wouldn't have been difficult to make a case that the dog was coming after him in this fact pattern though.

 

[Mark from MA]

Glad your and your dog are OK. Glad the pit bull owner got bitten by her own mutt......

I always carry while walking my dog, mainly because of issues like that are possible. Carrying OC spray is really a great idea for that situation, and I will buy some just in case.

 

[Scrivener]

Keep in mind that using deadly force to protect property is not a good idea in MA. I know some states have the "Kill the dog" Rule. I believe your dog is property but a police dog is a cop.

Instead of guessing, check the law:

Any person may kill a dog which suddenly assaults him while he is peaceably standing, walking or riding outside the enclosure of its owner or keeper; and any person may kill a dog found out of the enclosure of its owner or keeper and not under his immediate care in the act of worrying, wounding or killing persons, live stock or fowls, and if any person shall kill or attempt to kill a dog so found, and in the act of worrying, wounding or killing persons, live stock or fowls, he shall not be held liable for cruelty to the dog unless it shall be shown that he intended to be cruel to the dog, or that he acted with a wanton and reckless disregard for the suffering of the dog. Prompt killing of a wounded dog, or a prompt report to the owner or to a dog officer of the wounding of the dog, shall be considered evidence of sufficient regard for the suffering of the dog.

M.G.L.c. 140, § 156 (bold added).

To the OP: Did you report this POS, or are she and her pit bull still free to menace the rest of society?

If not, WHY not?

 

[MA_Shooter]

Glad to hear you and the dog are ok. Pepper spray seems like a good idea. I have lost track the number of times this has happened to us, luckily the attacks did not involve a pit bull. Most time the owners have the same cavalier response as what you encountered.

A similar issue was discussed in this link -

http://www.northeastshooters.com/vbulletin/threads/99089-There-are-no-bad-dogs...?highlight=kill+dog

 

[cb1]

Most time the owners have the same cavalier response as what you encountered.

True. A friend of mine killed a dog that attacked him. Rather than assist my friend, the dog owner called the police to report animal cruelty

 

[rwl1955]

o the OP: Did you report this POS, or are she and her pit bull still free to menace the rest of society?
******
Yes, you should have got her license plate and reported her. CYA.

 

[pj150]

What's the saying again? Possession is 9/10ths of the law and who ever calls first wins...

 

[terraformer]

Instead of guessing, check the law:

Any person may kill a dog which suddenly assaults him while he is peaceably standing, walking or riding outside the enclosure of its owner or keeper; and any person may kill a dog found out of the enclosure of its owner or keeper and not under his immediate care in the act of worrying, wounding or killing persons, live stock or fowls, and if any person shall kill or attempt to kill a dog so found, and in the act of worrying, wounding or killing persons, live stock or fowls, he shall not be held liable for cruelty to the dog unless it shall be shown that he intended to be cruel to the dog, or that he acted with a wanton and reckless disregard for the suffering of the dog. Prompt killing of a wounded dog, or a prompt report to the owner or to a dog officer of the wounding of the dog, shall be considered evidence of sufficient regard for the suffering of the dog.

M.G.L.c. 140, § 156 (bold added).

To the OP: Did you report this POS, or are she and her pit bull still free to menace the rest of society?

If not, WHY not?

Pets are not live stock (at least not in the popular sense of the term) and he was not attacked, his dog was. This still applies?

 

[Twigg]

Holy crap! I'm glad you're ok. It was a good thing you had that stick. Maybe next time you go out with your dog you should not forget your sidearm.

FIFY.

Glad to hear you're both OK.

 

[Scrivener]

Pets are not live stock (at least not in the popular sense of the term) and he was not attacked, his dog was. This still applies?

Read the post again.

 

[Keystone]

Definitely make sure you report this to the police. You don't want her calling and telling them you "viciously assaulted her poor innocent puppy"

Glad you made it out okay. It seems like you managed to keep your head, as well, props!

Lots of people have pit bulls and claim they are sweet, gentle creatures. I have no doubt that a competent owner who is on top of training can make the dog so, but most people get dogs just to have a furry thing around them, with no training.

 

[bullseye]

You did not FAIL!! Any one of us could have and probably will do the same and walk out of the house without our CCW. Life is a constant learning experience. I am glad you and your pup are OK. You have obviously taken something from this experience and sharing this with us will make us all think and check the law as to what we may and may not do. A little spray goes along way with a dog and if the POS owner happens to catch a little hot pepper, OH WELL!! Do report it, if she is that big, it makes for an obvious couple.

 

[milktree]

True. A friend of mine killed a dog that attacked him. Rather than assist my friend, the dog owner called the police to report animal cruelty

How did that turn out? I hope the cops said, "well, what did you expect?" but I imagine it ended differently.

 

[namedpipes]

To the several "general" comments about Pits:

So far in my life I've been bitten by a Collie, a Scottish Terrier, a Boston Terrier and an Afghan Hound. Forty years later I still have one of the scars.

I've owned a German Shepherd, two Pits and a Cocker Poo. All four were among the best and friendliest dogs I've ever known.

It's not the breed at fault - it's the combination of the owner's attitude and the individual dog's temperment.

 

[Zombieoutfitters]

I think you handled the situation VERY well. No need to shed blood or shoot unless to save your life or another's. There was no need to kill the dog to keep yourself safe in the situation you describe. Considering it bit the owner and not your or your dog...you did AWESOME! However, if the pit did manage to put a death grip on you or your beloved pet then yes, a bullet to the head would probably be justified.

I'm guessing you would have been in some sludgy stuff if you disabled the canine with a firearm in that scenario.

Glad you and your dog are safe.

 

[Zombieoutfitters]

1) I'm very glad that you're both ok.
2) Yes, OC or a heavy walking stick may well have helped the situation.
3) Yes, you would likely have had to defend your actions in court had you shot her dog. You may want to consider reporting the incident to the local police in case she decided to file a law suit against you for her injuries (unlikely, but not outside the realm of possibilities. Claiming that you attacked her "playful" dog and your attack caused her dog to bite her when she attempted to seperate you and her dog)

I thought of that too while reading your post. She could easily claim you agitated her dog to the point that by the time she tried to physically regain control it was incited to bite her. Ridiculous notion considering the fact that you had to defend yourself from HER dog puts you in the defendant seat by default but you can sue for anything. She's lucky YOU don't sue....but if she did come after you, you always have a very strong counter suit.

 

[Skald]

Glad your ok.

As far as pits, I think its the owners that cause the dogs to be that way. I've met some super aggressive pits, and actually met a few that were as sweet as can be (she would be in dog class and roll onto her tummy wanting belly rubs by people who walked by)

 

[cb1]

How did that turn out? I hope the cops said, "well, what did you expect?" but I imagine it ended differently.

The responding officers politely told the owner to STFU and, next time, keep his dog locked up or on a leash.

 

[PaulD]

To the OP, I hope you reported the owner and, personally, I'd have no problem shooting the pit in a situation like that.

As for pits, take this datapoint as you will. My wife, daughter and myself went to the MSPCA in Methuen a couple of weekends ago just to see what they had for dogs to adopt. In their main building they had 10 to 12 dogs and about 8 were pitbulls or pitbull mixes. Yeah, I'm sure training has a lot to do with how a dog behaves but at the same time, certain breeds have certain tendencies. Some friends just bought an Aussie Shepherd puppy and guess what, it wants to herd everything. Funny how that works.

 

[Mike-Mike]

Ok, If the OP was attacked I agree with Scriv, If not I don't think your dog is livestock.