Dogs get out once in awhile, and the owner was chasing it down... which is called being responsible. Doesn't mean she then needs to put up with some jerk who wants to point a shotgun at her and threaten her.
Oh, that wouldn't get it at all. He committed assault with a weapon, and if he was drinking... that only adds another charge to it. I'ld be pushing it.
Hopefully it's not just a he said/she said for the police, when I had a crazy neighbor go after my then 3 year old with her car that's exactly what it was.
Hope this guy won't be a visitor much longer and moves on!
I know first hand about crazy neighbors. Mine are psychotic. Hopefully all went well and they at least carted the moron off to the drunk tank.
But this is looking at it from a reasonable persons point of view. Im sure the story this guy is telling the cops is he saw somebody trespassing in the yard, so he grabs his shotgun to check it out, when he does a dog tries to attack him, so he points the shotgun at it. Im sure he claims he never pointed the shotgun at the op's wife. So as a leo, what can you really do?
Another good reason to invest in quality security cameras. Hope everything works out.
More info. He told the LEOs he was leaving, and that he was wrong for what he did. They reinforced that thought to him and cleared up. Animal control will be scheduling a visit to assess our dogs. Oh joy. Wife is debating getting a warrant. Grrr. As you might expect, I'm in the GET A WARRANT camp. She says, "He didn't point the gun at me, it was pointed at the dog, I just happened to be behind the dog. And he was only shaking it when he was yelling at me after Mike took the dog inside." To further inflame the situation, once she got control over the dog and had it heading toward the door, he continued to yell at it, causing it to phase into "protect human" mode and turn around barking, which he took as more proof he needed to shoot it. FWIW, in Virginia, you pretty much have to have maul marks before most Judges will accept a self defense claim; otherwise it is destruction of property. More good news, oldest son (12) witnessed part of the encounter (second brandishing charge?), and both of the boys are all hyped up about it.
As far as potential charges, I think Brandishing and Disorderly Conduct should stick at least.
Ability, Opportunity, Jeopardy: this guy seems to have been doing a damnably good job at masquerading as a criminal in the act of threatening impending deadly force against another. Speaking of rights, sounds as though a person has all the right in the world to defend against such a thing.
A dog having escaped a fence (presuming that's all that occurred) is hardly justification for threatening to erase the dog, let alone threaten murder of another.
Obviously, if a large/able dog is actively threatening a person's life and limb, that's something else entirely.
Para, he does sound like a powder keg. I'm sure he'll not take kindly to being "hassled" like this, over what he'll deem was a perfectly justifiable situation. If he's prepared to have done such a thing, like as not he'll be a threat for quite some time to come. Watch your six.
Treat it as we know no more now than we did 20 minutes ago and think. There was a loose dog; was the dog creating a nuisance like attacking his dog or destroying someone’s property? If he has a gun who is to say he wasn't protecting himself from getting bit. Any one of you all would have pulled a gun if a large dog was charging at you
I didn't read anything about murder: what I read was he had a gun and threaten her with it. Now in a court of law because OP is saying it that would be hear-say and hear-say is very Unreliable infoQuote:
By law, people may not threaten murder, too. Nobody is within their rights to do that, ever.
I know that LEOs out here have a live and let live philosophy but he admitted pointing the shotgun at her (and he pumped it too). I just can't see NOT locking him up for at least a little while.
Off topic old joke: Two English couples were hunting lions in Africa. One fellow thought he saw a lion and took a shot nearly hitting the other man's wife...
"I say old chap, that last shot nearly hit my wife."
"Sorry old mate, my wife is over there by the tree. Take your shot."
Lucky the wives were not armed like your wife. Also, the Chinese curse: "May you live in interesting times."