This is a really odd story. Neighbor buys a new dog Keira, doesn’t like Coco, one of the other neighborhood dogs. Accusations fly around about which dogs are mean to the other and neighbors stop taking to each other. Keira apparently mauls Coco once, leaving Coco’s owner with 3000 in vet bills. Keira escapes and charges at Coco and his owner  shoots Keira dead through the head, and ends up facing animal cruelty charges and disorderly conduct:
“Why didn’t you pick up a shovel, a stick or pepper spray?” Assistant District Attorney Shannon Crake asked Menichini.
I find the ADA’s attitude here more than a bit disconcerting. It is not her place to evaluate the man’s chosen means of self-defense. What he had available is a pistol, not pepper spray. I think pepper spray is a wise choice, but it’s a choice. Does she really expect him to carry a shovel with him? To search frantically on the ground for a stick big enough for self-defense? Sorry Ms. Crake the statute itself says “A person commits a misdemeanor of the second degree if he willfully and maliciously kills, maims or disfigures any domestic animal of another person or any domestic fowl of another person.” The key words here is “maliciously” which means the actor would need to be acting with malice. If this is a case of self-defense, that’s not a malicious act and not animal cruelty. There very well may be facts not reported here that would indicate malice on the part of the actor, but from this article, it looks like the ADA is more interested in second guessing the means of self-defense the actor had available and used, rather than making an argument for willful malice on the part of the actor.