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Is killing a domesticated Duck for foraging on others Property a case of Animal Cruelty?

 
 
Reply Thu 5 May, 2016 01:49 pm
On May 2nd one of my 10 ducks was found almost dead. the duck was still alive at the time around 7:30 pm as I was going to put them into the night enclosure and I took this little 1 year old duck up into the house to see what caused this. within 10 minutes she died. There was a lot of blood drops on the floor as well yet I could not find any reason for this severe bleeding. I put the lifeless duck in a large cardboard box and was going to bury her in the morning and I would have until my neighbor began yelling and swearing at me about my ducks eating his plants in his yard, I then put 2 and 2 together and questioned him about why one of my ducks is now dead also adding in some insults and in his anger he blurted out "Because I shot it" saying he used a pellet rifle. I called the local police and the chief and another officer showed up within 10 minutes. They asked me questions and then went over to question the neighbor then they returned and wished to see the duck, that night before a predator had gotten into the box and did some bad damage to the ducks body but they wished to look anyway. They told me that the Animal Control Officer would be by within the next four hours to take custody of the ducks body for a necropsy. She never showed up but she did show the next day, May 03, 2016 around 9 am. she asked questions and eventually took the ducks body away. On May 05, 2016 The Animal Control Officer and an MSPCA person showed up at round 9 am and began telling me that the conclusion of the ducks death was not from a pellet Rifle but was due to a predator attack. This was impossible as I looked over the ducks body immediately after it died and there were no wounds at all. The only time a predator was in contact with the duck was AFTER it had passed away. Yet both the neighbor and his wife both admitted to my Father-in Law, and myself that he shot the duck and killed it, and his wife admitted to the Animal Control Officer that they in fact shot at all the ducks but ended up killing one. But yet even with these testimonials the MSPCA and the Local Authorities did nothing to these people who killed my duck for doing what a duck does and that is foraging for food. Now if this guy had called or came over and asked me to remove my ducks from his property and that they did damage I would have no problems either paying for or even planting new ones myself as I am the owner of these birds and responsibility comes with ownership. Yet he decided he had all the right to shoot and kill a defenseless duck and let it suffer for at least 3 hours. So if I get this is it OK to shoot at someone if they are trespassing on my property and kill them or is it only illegal if I hit and kill them. This duck did not deserve to suffer and eventually die but main question is why did the local PD do nothing even though these people admitted to other people they did shoot at all 6 ducks of mine yet killing only 1...and if the MSPCA and Animal Control Officer have it their way they are not even putting the death on these people, I do not even really know if the bird had passed at around 8 pm and as far as I know it could have gone into shock and had not died when i thought and the predator might have done the actual finishing bite but also destroying any actual evidence like the pellet wound or even the actual pellet itself, also proving that the bird may have been still alive at the time of the night predator attack...I do not know for sure
 
Tes yeux noirs
 
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Reply Thu 5 May, 2016 02:03 pm
I don't know the answer to your legal question but I would just like to say that I am sorry for your loss. It was a shame for the poor duck. They are lovely creatures. Your neighbour sounds like a piece of work.
ossobuco
 
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Reply Thu 5 May, 2016 02:47 pm
@Tes yeux noirs,
I am sorry for your loss as well.

Some years ago we moved to what would be our long time house in Venice, Ca, and the neighbor, a butcher by trade, man with a big heart, had a great dog and a pet duck (we all lived by the Venice canals, though I'm not sure where Foxy was from, probably the canals. The dog and Foxy were good pals. I think the dog was a Lab. He would hold Foxy in his mouth and turn around the yard with her. He'd let her go and then she would peck, and so on.
Foxy was our neighborhood guard duck. She only quacked about humans in the alley.

I'll show her picture, taken of her trying to come in our back door, not to distress you, but to agree with the pleasure of being around ducks. I too don't have a clue re the legality of your neighbor's action, but I don't take it as trivial.
People who know about law here on a2k may see this and comment, but I figure things like this depend on where you are.

Foxy at the back door, circa 1980's. She actually flew in once, but not that day.
http://img.photobucket.com/albums/v722/ossobuco/foxyatthebackdoor116.jpg

Keep checking here, someone may have more info on the legal stuff.
Foofie
 
  -4  
Reply Thu 5 May, 2016 03:15 pm
@Raged Maniac,
Would Oliver Hardy have said, "This is just ducky."?

It's not that I'm making light of your story; however, I believe this is the wrong venue to address your concern. This is not a law forum, nor is it ethical, in my opinion, to entangle strangers in your personal neighbor concerns. Plus, every state, county, municipality can have its own laws on the subject.
0 Replies
 
Glennn
 
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Reply Thu 5 May, 2016 03:20 pm
@Raged Maniac,
Sorry about your duck. My understanding is that if the animal is causing destruction or is threatening, then you can shoot it. Did your neighbor ever give you any indication that your ducks were eating the plants in his yard, or was this a first-time incident?
roger
 
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Reply Thu 5 May, 2016 08:23 pm
@Glennn,
In my town, you can't shoot nothing unless you are prepared to argue self-defense.
Glennn
 
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Reply Thu 5 May, 2016 08:52 pm
@roger,
In my neck of the woods, I was told by the police that if my neighbor's dog keeps coming into my yard at night and causing my dogs to keep me up all night with their barking, I could shoot it, but better say that it growled and approached me aggressively. They also told me about the three esses--shoot 'em, shovel 'em, and shut up. I didn't take there advice.
0 Replies
 
CowDoc
 
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Reply Sat 7 May, 2016 12:00 pm
@ossobuco,
Osso, Foxy sure looks to me like a mallard drake.
Robert Gentel
 
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Reply Sat 7 May, 2016 12:12 pm
@Raged Maniac,
Disclaimer: I am not a lawyer and do not even know what legal jurisdiction you are in anyway. I just want to offer a different legal instrument that you might want to consider pursuing.

Animals are generally considered property, you might be able to sue your neighbor for destruction of your property. I know this sounds ridiculously trite compared to the cruelty that is killing one of your pets and that you might prefer a criminal case (I would too) but just an idea that came to mind.
0 Replies
 
ossobuco
 
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Reply Sat 7 May, 2016 10:10 pm
@CowDoc,
me too. She helped me learn about human to duck love..
ossobuco
 
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Reply Sat 7 May, 2016 10:24 pm
@ossobuco,
Plus, hi, cow doc, I and we have missed you.
ossobuco
 
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Reply Sat 7 May, 2016 10:33 pm
Oh, wait, Foxy was a drake?

hard to look up, I take it drakes are videos.
0 Replies
 
CowDoc
 
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Reply Sun 15 May, 2016 08:32 am
@ossobuco,
Still around, osso....just haven't had a lot to say lately. Get to meet Coastal Rat in Charleston last week, though. We had a lovely evening at the minor league baseball game. I'll be sure to let you know if I get back close to Albuquerque again. Hope everyone down there is doing well!
0 Replies
 
 

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