MICHIGAN -- Regarding Kathleen Smith - the Lansing woman who shot to death the pit bull who attacked and killed her cat, Bernie, on July 26 ...
Lansing police spokesman Lt. Noel Garcia confirmed Monday that no charge has been formally filed against Smith, after all, adding that it's "unlikely" there will be.
In the immediate aftermath of the shooting, the 47-year-old Smith was cited for discharging a weapon in a public place ... or in a manner that endangers life or property - a misdemeanor that carries a maximum penalty of 90 days in jail and a $500 fine. Garcia said the change of heart came after a "further review" of the incident by the city attorney's office.
Smith said Monday that she was relieved by that decision, but that she's been especially gratified by the "phenomenal community support" she's received.
"It can't bring Bernie back," Smith said, "but it's nice."
Unprovoked attack
As I wrote on July 30, Smith was sitting on the porch of her North Sycamore Street home July 26.
Bernie, was on a leash (to prevent him from running out into busy Saginaw Street), playing in the bushes near Smith's house.
Suddenly, a neighbor's pit bull came charging around the corner, with the neighbor close behind it.
The dog chased Bernie onto Smith's porch, and grabbed the cat in its jaws.
Smith and the owner of the dog tried to separate the animals, but failed.
Smith, 47, then went into her house and came back with her husband's .38-caliber pistol, legally owned. She took one shot from her porch and killed the pit bull.
A neighbor phoned Lansing police. Officers approached Smith's porch with their guns drawn - an understandable precaution since a gun had been fired. Smith was ordered to her knees and handcuffed.
The officers confiscated the gun.
Smith had no complaints with the way she was treated. But after the dust settled, she was the only one facing charges. Smith asked, "Why am I the criminal here?"
'No neglect'
At the time, Garcia explained it this way: The pit bull broke the leash it was on. Consequently, the dog owner was not considered negligent.
"It was an accident that the dog got away," Garcia said. "It was an unfortunate incident, but it's fortunate nobody got hurt by the discharge of the firearm.
[NOTE: Would Garcia be dishing the same crapola if the dog had mauled a baby to death? "Oh, it's an accident that the dog broke the leash and killed the baby. No one was at fault!"
Do you realize how stupid that sounds? You are responsible for maintaining control of your dog when walking it off your property. Most laws say that the animal must be on a fixed leash, rope, chain, etc. and that the person walking the dog must be able to control the animal. For example, it would be stupid and illegal in a lot of place for a child to try walking a Mastiff. Physics say that the child would not be able to control it if it were to suddenly begin running towards something - such as an innocent cat, minding its own business on its own property.
This pit bull owner failed to purchase and utilize an appropriate leash. Too many of these idiots just buy the cheapest thing at the store and the pit bull snaps it immediately. Then the owner boo hoos that THEY DIDN'T KNOW. IT'S NOT THEIR FAULT. HE NEVER DID ANYTHING LIKE THIS BEFORE! HE WASN'T RAISED TO BE FOUGHT. HE LOVES KIDS!
The owner should be cited for failure to control her animal - same citation as running at large. The dog was not under your control. I think the victim should also sue her for the maximum amount in civil court for damages and emotional distress.]
As for Smith's argument she killed the dog in an attempt to protect her property (Bernie), Garcia said officers believed the cat was already dead when Smith killed the pit bull.
The dog's owner, Lori Walters, said the cat was clearly dead when Smith shot the pit bull. "She didn't have to kill my dog," Walters said. "It was retaliation."
On that subject, Smith said: "I really don't know. I was in shock. Our pets are like our children. But I don't see how the police can say (the cat was dead when Smith shot the dog) since it was all over by the time they got there."
Public opinion was solidly in Smith's corner. Of the LSJ readers who commented on my July 30 column, the overwhelming majority held Smith blameless.
Walters declined to comment Monday.
(Lansing State Journal - August 15, 2011)
