Robert Marx, 75, of Sayler Park, shot a dog that was attacking his dog at the Doris Day Dog Park in Mount Airy April 2. Hamilton County Municipal Court Judge Bernie Bouchard found him not guilty of his charges of criminal damaging and endangering, and knowingly discharging a firearm within city limits.
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| They never shoud have charged him in the first place Robert Marx, left, was acquitted Monday after shooting a dog in a dog park April 2. / The Enquirer/Ben Goldschmidt |
Marx, a veteran who said he’s been going to the dog park for the past 13 years “every day it didn’t rain,” claimed he had no other choice but to shoot the dog that was biting his dog’s neck area. The dog had to be euthanized as a result. Marx waived his right to a jury.
When Marx heard his dog yelping, he rushed over to see what was going on. He said there were people surrounding the dogs but were not trying to break up the fight.
After trying to pick the pit bull up and using a stun gun to stop the fight [to no effect - typical of bully breed attacks], Marx shot the dog with his Ruger 9 mm semi-automatic handgun. He is a concealed-carry permit holder.
Katelyn Hornsby, owner of the one-year-old pit bull, Bruski, said she and four others tried to get her dog off of Marx’s dog, Homer, a Welsh terrier-shih tzu mix, which is roughly half the size of the pit bull.
“[Marx] didn’t give us a chance to stop our dog,” Hornsby said. “Why did you shoot my dog? It wasn’t necessary.”
While Marx believed his hands were tied, he is remorseful that he had to do that. He owns several dogs, and rescued Homer at a Home Depot about one year ago.
“I was sure my dog wasn’t going to get home that night if I didn’t do anything,” Marx said.
The defense claimed Marx gave more than enough warning, despite not having permission, and more than enough had been done to warrant Marx shooting the dog. Marx said he warned the dog’s owners multiple times he would have to shoot it.
“At the time I think your actions were justified,” Bouchard said. “It's hard to second guess the outcome of a dog fight.”
(Cincinnati.com - July 15, 2013)
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