The man who shot a neighbor's dog on New Year's Eve won't be arrested, Sheriff Gary Maha said today.
Maha released the information report on the incident and in a statement the neighbor said he had started carrying his .357 Magnum that day because the dog had become increasingly aggressive toward him.
Another neighbor, a 78-year-old man, who said he saw the incident, told Deputy Bradley Mazur that he saw the dog charge across the shooter's yard and heard the dog growling and believed the dog intended to attack the man. He then heard two gun shots, but didn't see the dog get hit.
While Maha made no statement about why there will be no arrest, he shared a copy of Agriculture and Markets law, which says there is no liability when a person has a reasonable belief that he or she is being attacked by a dog and then kills that dog.
The dog's name was Pepper and she was owned by Greg Gass, a resident of Dodgeson Road, Alexander.
The Batavian first broke the news of the incident after the Gass family created a Facebook page called Justice for Pepper.
The Gass family does not believe Pepper was an aggressive dog.
"She was the sweetest little thing," Jen Gass said. "She played with a little 5-year-old who pulled her ears and would play roughly, and Pepper never did anything about it. She played with other dogs and never had a problem. I know she's a big dog. She looks like a big dog and people can be intimidated, I guess, but she didn't have a mean bone in her body."
In his statement to police, the man who shot Pepper said the dog had been coming onto his property more frequently.
He said the day before the incident, Pepper, a bullmastiff, had been in his yard and acted aggressively toward him and his two grandchildren, ages 7 and 8.
Once the dog saw me, it became aggressive towards me by barking and growling at me and snapped at me," the man wrote. "I was yelling and pointing at the dog to go home and I was concerned for my safety as well as my grandchildren. I then heard my neighbor, Greg, who is the dog owner, calling the dog's name. The dog did not leave right away when Greg was calling it to come home. I only yelled at the dog and I did not kick the dog or make any other physical contact. The dog ran towards the front yard and Greg was in the back yard. The dog never actually went to him. This was not the first time Greg's dog had been on my property. The dog was more aggressive with each time it was over here."
That incident convinced the man to start carrying his gun, he said.
He said he went out to his shed at about 12:34 p.m., New Year's Day, and the dog started to run directly at him and was barking and growling.
"I pulled out my gun and I yelled at the dog, 'go home, go on,' and the dog never stopped running at me," he said. "I was in fear for my own safety and took two steps backwards. The dog was about three feet from me and lunging at me and I shot the dog. I shot two rounds at the dog and I believed that the first round was in the upper chest just under the dog's neck. The second round was in the front of the dog's head."
Greg, he said, yelled over, "Did you just shoot my dog?" The man said he did.
Greg came over and asked the man, "When did you start carrying?" The man told him, "since yesterday when your dog did the same thing."
Mazur reviewed a surveillance video of the incident and wrote in his report that he consulted with Assistant District Attorney Melissa Cianfrini and provided his interpretation of what the video showed and shared what he had been told by the shooter and the witness. Mazur said Cianfrini advised him there was no crime committed and that the neighbor had a right to protect himself.
Hope your 'comment editing'
Hope your 'comment editing' program is up to snuff, Howard.
It SHOULD be inundated today, but, IMHO, I'm guessing it won't be.
I was hesitant to comment on
I was hesitant to comment on this story until I heard the “other side.” I love dogs and especially bullmastiffs. I’ve had a few and yes, they are very sweet and lovable. They can also be very protective and territorial. Pepper may well have thought that this gentleman was on HIS (or her?) property and was protecting it. These dogs were bred as guard dogs to capture poachers.
The last bullmastiff I had hated bicycles so I had to be very careful when walking her. I never stepped outside my house with her without a keen awareness that she could easily hurt someone or even kill them. Letting her run loose would never have crossed my mind. I know that dogs are very crafty and despite the owners’ best efforts, sometimes manage to break free, but it sounds like this was a pattern.
I don’t like guns (personal preference) and would never own one but my daughter was attacked by a large dog once and if I’d had a gun and seen him charging at her, I would not have hesitated to shoot it. And don’t forget, there was an eyewitness account and also a video. The eyewitness said that he saw the dog “charge across the shooter's yard and heard the dog growling and believed the dog intended to attack the man.”
This is a very sad story all the way around. I feel for Pepper’s owners but also for the guy who has been vilified all over the internet for what appears to be a justified shooting.
I agree it is sad when your
I agree it is sad when your neighbor shoots your dog to death. I'm not sure how common this kind of action is Alexander but all this shooter had to do was call the police and they would have shot it for him. The police will go into a dogs yard and shoot them. This is fairly common in Buffalo as the police there have opened fire on about 95 dogs in the last few years. They will even hop a fence and open fire with children present. Ba Ba Bad ass Buffalo.
As for this dirty harry type neighbor, I believe some mace or hornet spray would have taken him out of harms way but hey, I wasn't there.
hi Beth, don't like guns eh?
hi Beth, don't like guns eh? would never own one eh? I won't tell anyone.......
The only person at fault here
The only person at fault here was the dog owner. Why was dog running loose??? Just because it's "sweet and loveable" around a 5 year old relative,doesn't mean it will be the same way to a different person not on their property.If the dog owner had kept an eye on their dog when they let it out,they might've seen the dogs actions toward their neighbor and could've corrected it(such as walking it around to do it's business,or put it on a chain). We have neighbors who let this huge dog of theirs roam the neighborhood using other people's yards as a bathroom-just a matter of time till it gets hit in the road or causes accident......
I was scared to post that
I was scared to post that David! I used to have a bullmastiff who I was sure would protect me but she did sleep right through the one late night prowler that I had. I woke up to find him in my kitchen and wouldn't let him leave until he told me his name! If she'd been awake she would have taken care of him though!
Dogs protect, sometimes they
Dogs protect, sometimes they see fear and make wrong decisions to kill or mame. Instinct comes to mind. I saw my pup get murdered by a neighbors Chows, that jumped the fence only to kill my pup. The 2 chows, were good family dogs. It was a horrific site and , yes it was only my puppy that died that day...but not by choice. Iam sorry about the loss of Pepper , I do believe he loved his family. I do believe I would've have done the same as the neighbor though.
It's difficult, sometime
It's difficult, sometime impossible, to accurately predict the behavior of a human being. Much more difficult to predict with any accuracy the behavior of an animal. Let us remind ourselves these dogs are animals. They're always cute and loveable right up until the point where they chew up the neighbors cat, bite the kids, or attack a neighbor. It always cracks me up when people think that they can socialize breeds like pit bulls, bullmastiffs and others which have been bred over the years for their aggressive natures. It's always the same: my pitbull or (insert other breed) wouldn't hurt a fly right up to the point where the eat the neighbors cat, bite the kids, or bite the neighbors.
when would you have called
when would you have called the police? After you were mauled or your kids? doesn't sound like there was time to tell the doggie to SIT AND STAY while I make a phone call.
Hi Debra, if you think
Hi Debra, if you think telling a dog to sit and stay while you call the police would work, then go right ahead and try it. I think the shooter should have called the police the first time this dog came into his yard, then they could have blasted him..
This is a good lesson in the penal system and the rights we all have when it comes to your neighbors or anyone's dog. If you ever feel threatened or if you can say "I felt threatened" without a smirk, you have the legal authority to pull the .357 and blast the pooch into doggie heaven.
First of all, guns are not
First of all, guns are not the answer, and yes the burden of responsibility is with the owner of the dog. We all recognize that. Guns are the responsibility of the owners as well.
Why would you stand there screaming when you felt your safety was jeopardized? I can't imagine standing there waiting for an aggressive dog to attack me. How about calling the cops the first time you supposedly feared for your life? Let them handle it. You allowed the situation to get out of control.
If you feel the need to stand there like a man....spray the dog with mace to slow him down while 'AGAIN' you go inside and call the cops!
Off the top of my head, here would be (1) solution to the problem, the officers require the owner to purchase a fence to ensure your safety as well as Pepper's. Simple little solutions to help both parties vs. shooting a defenseless animal to death had you taken action immediately by contacting law enforcement.
I think it's bull that all of
I think it's bull that all of our comments were deleted. Freedom of speech is what this country is all about. That saying...
As I stated before...
CALL the cops if you feel threatened. If you can get a gun out and kill, you could have dang sure picked up a phone to call and said there was a dog outside and you were afraid! It's so easy for you defend killing this dog- what about the man who is still walking around who killed the cat???
It's time SOMEONE speaks out for the animals!!! Killing senselessly because you have a weapon? COME ON! Reaching for a gun is just about lame. He knew who the owner was. He could have called the owner! I have no doubt this man felt he had to justify what he did for the sake of firing a weapon at a dog or any animal. When this family DOES take him to court, and they are planning on it, they will win. They have raised the money- Check out their Facebook page if you choose not to believe me. Justice for Pepper.
Lisa, I bet they do not win
Lisa, I bet they do not win and I'd even let Howard hold the money. How much?
I understand your point, but the law is not on your side.
Ed, If the police were called
Ed, If the police were called the first time this happened, let me be the first to apologize to the shooter for my comment on facebook.
If the police were never involved until after the dog was shot dead, I stand by my comment.