Crossbow case: Can an owner euthanize his own dog?

DETROIT — Good dog? Or bad dog?

Gemma — the canine found wandering in northern Lapeer County, Mich., with a crossbow arrow sticking out of her head in March — captured the sympathy of dog lovers with people donating thousands of dollars for her care.

But the lawyer defending Gemma's owner in a felony animal cruelty case stemming from the incident says his client was justified in doing what he did because the dog attacked and killed his other dog — a pug — literally ripping out its throat.

Attorney Denis McCarthy said Christopher Scott, 28, of Goodland Township, has five children in the home, the youngest being 5 years old, and young children living next door. He said Scott had the requisite "just cause" required under the law to kill the dog.

The case raises legal and moral questions about rights and responsibilities of pet ownership. Years ago, it was fairly common for people to euthanize their own pets, often with a rifle shot taken behind the shed or barn, but the laws and society's view about dogs and other pets have evolved. Michigan's law says a person has to have "just cause" to kill or intentionally injure an animal, but it doesn't define what is just cause.

Scott has a July 8 preliminary exam in 71A District Court in Lapeer, during which McCarthy plans to file a motion asking for the case to be dismissed. Scott could not be reached for comment, but his attorney said Scott has had at least one death threat since the incident.

That same charged, angry response showed up in comments from online readers after the story was first published of Gemma being found with a 15- to 18-inch crossbow arrow protruding from her head in late March. Comments ranged from "Put the owner down" to calls for the owner to serve "life in prison."

Yet the owners of dogs involved in vicious attacks on people or other animals are often vilified for not euthanizing their pets.

The section of the law Scott is charged under states that a person shall not do any of the following without just cause including knowingly kill, torture, mutilate, maim or disfigure an animal or commit a reckless act knowing or having reason to know that the act will cause an animal to be killed, tortured, mutilated, maimed or disfigured.

"The argument is about just cause. You may kill an animal if you have just cause, now the difficulty is just cause is not defined. Just cause is normally within the social context of our time," said David Favre, an animal law professor at Michigan State University's College of Law. "Just cause is made by the judge or the jury of a case."

If convicted, Scott could be sentenced to up to four years in prison.

Favre — whose specialty is animal law — said a century ago, a person could pretty well do whatever they wanted with their dog, including killing it if it were ill, old or bit someone. Today, he said, based on current law and cultural changes regarding animals, people generally can't arbitrarily decide to kill their animal. If the animal was shown to be dangerous to other animals, he said, that might be a possibility.

He and dog behavior experts said dogs often are put down because of temperament — usually by a veterinarian or animal group. But such an act, they said, can't be done in a cruel manner.

McCarthy, the defense attorney, said the dog, which is half bullmastiff, mauled and killed Scott's pug. Orn said Scott turned over a pug for a necropsy, but she wouldn't release details about the investigation. McCarthy also declined to discuss details about what happened or any history of the dogs.

A friendly touch

Gemma doesn't appear to be a killer.

Her pink tongue sticks out; she pants a bit and her tail wags back and forth as she greets a worker and a visitor recently at the animal control office in Lapeer. She raises one of her black, furry front paws, then the other, and rests them on her friend's leg.

"She has to touch," Lapeer County Chief Animal Control Officer Aimee Orn said of her office's most well-known four-legged guest.

It's hard to tell that Gemma was found with an arrow in her head. Orn said the arrow missed Gemma's brain and optic nerve.

During that mid-May visit, Gemma showed just a little spot of skin on the top of her head where the arrow was sticking out.

"For all she's been through, a little spot without fur, it's nothing," Orn said.

Gemma is about 2 years old and believed to be a flat-coated retriever or mix.

Why dogs attack

Gemma's story is one of several tales in metro Detroit recently of dogs being injured or killed or involved in attacks.

Dog behavior experts said there are two reasons why a dog may attack another dog — status/hierarchy or predatory, said Dr. Katherine Houpt of Animal Behavior Consultants of Northern Michigan in Gaylord.

The experts said small dogs are more at risk in situations involving larger dogs.

"You were a dog one minute and now you're a bunny," said Janis Bradley, director of communications and publications with the National Canine Research Council.

She said a dog who has demonstrated to kill another dog should not be around another dog in the future. If there is an attack between two dogs from the same home, one of them may be relocated.

When asked if it was right for Scott try to kill his dog with a crossbow, Houpt said: "You don't have the right to injure the dog, then it becomes cruelty."

Favre said several states across the USA, including Michigan, have discussed or have increased fines and prison terms in animal cases.

"It's an example of how pets have become family members truly. They are a different class of animals with a higher level of protection, a higher level of punishment when something happens," he said.

Favre said increased penalties don't change what happens in the real world. Whether someone goes to prison or pays a fine is up to a judge and is based on many things, such as sentencing guidelines and whether the person has a prior record.

Bradley, speaking in generalities, said a dog owner "is probably the single biggest influence on the behavior of their dog regardless of the context."

Dog's fate undecided

Gemma, sporting a purple and green checkered collar, is considered evidence, Orn said, and will stay at animal control.

Jim O'Dell of Lake Orion, who found the wounded Gemma on March 30, has visited her several times.

"She looks great. She seems like she's got a great personality," O'Dell said, adding he would consider adopting her if she becomes available. "She was lively. Not aggressive. I was glad to see that."

Orn said Gemma is probably about 70 pounds and gaining a little weight.

There is no specific care fund for Gemma, though donations poured in after her story was told. Orn said animal control received just under $3,000 in donations, which go to the office's general fund and thus to the care of Gemma and the other animals.

Orn said Gemma seems to like people, has not had problems with staff and has not displayed aggressive behavior toward people or dogs.

Gemma is not available for adoption, but Orn said a court can rule that she could become the property of animal control, which would find her a suitable permanent home.

Orn said Gemma has a good attention span and is "pretty obedient" but will need obedience training. She said it's unclear how much Gemma has been taught, but she appears to know how to sit, heel and listen.

"If you didn't know her story," Orn said, "you'd never know."