An off duty tactical operations officer for the Kansas Bureau of Investigations, Brian Dale Montgomery, killed his neighbor's dog but was set free and cleared of all charges.
In September of 2010, Montgomery claims to have heard his neighbors chihuahua, Flashito biting at his black lab in the back yard. He stated that he made an attempt to disperse the situation but failed to make any headway. He then proceeded to go inside his house, grab a bow and arrow -- which has been used for bear hunting -- and shoot the small dog. The off duty cop walked over to the chihuahua, pulled the arrow from his bleeding flesh,walked into his upstairs bathroom, and proceeded to wash the arrow off. Once his weapon was cleaned, Montgomery made sure his son was ready for football practice.
In the meantime, Flashito helplessly crept off and managed to sneak under the fence into his own backyard where he parished. As if it wasn't bad enough Montgomery shot the dog with a bow and arrow, he had pulled the arrow from the living dogs body and walked away as he suffered.
He did not notify Flashitos owner of the incident, nor did he notify the police, or anyone else. He did however, previously state that Flashito was an aggravation and let his owner know that if they didn't do something, then Montgomery would take matters into his own hands. Sounds like a threat to me.
The officer was charged with animal cruelty, but the charges were dropped after his testimony asserted his fear of the chihuahua, stating that he had felt "threatened" by the pooch. The court agreed the killing was justified.
What? I'm confused here.....what about Montgomerys statements over the prior year and a half in regards to "taking care of the problem himself ?" How about the fact that he didn't notify anyone of the killing? What about the torturous manner in which he harmed the small dog and left him to die? Wouldn't a more rational, considerate individual have handled this situation a bit differently? How hard would it have been to walk over to the neighbors house and ask them to come and pick up their dog? Is calling someone for help completely out of the question?
The whole situtation seems a bit premeditated to me, and the fact that this man walked away with no punishment what-so-ever is a bit sickening. Maybe one day we will encounter a change in animal cruelty laws and decisions won't be based soley on provisions such as K.S.A. 21-4310(b)(7)“The provisions of this section shall not apply to: ...the killing of any animal by any person at any time which may be found outside of the owned or rented property of the owner or custodian of such animal and which is found injuring or posing a threat to any person, farm animal or property.” This was the arguement of the defense which allowed Montgomery to go without penalty.