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Now there is always a question whether the News Urinal got the story straight, and some room to guess whether the Trashman esclated the situation or not, or should have called police instead, or after the incident which he did not apparently, but here it is:
BTW Delaware has a vicious dog law and this incident would give the Trashman the right under that law to shoot the Doggie dead, the law also has some protections like immunity form other criminal laws, and immunity from a lawsuit. Another question is if the policeman even knows what the law says, and IF these charges will stick once they get to the AG or to court.
http://www.delawareonline.com/apps/pbcs.dll/article?AID=2007703280370
Dog shot during man's fight with trash collector
Pit bull bites worker during confrontation; both men charged
By TERRI SANGINITI, The News Journal
Posted Wednesday, March 28, 2007
A sanitation worker and a Prices Corner homeowner were arrested Tuesday after a fight over trash pickup in which the homeowner's pit bull was shot.
New Castle County police Cpl. Trinidad Navarro said the sanitation worker, Aaron Coffea, 30, was collecting trash about 12:05 p.m. when a pit bull charged at him in the 300 block of Virginia Ave. in the Brookland Terrace development.
The trash collector fended the dog off with a bag of trash, then continued to the next residence, leaving the garbage behind. That prompted the 20-year-old resident of the home with the pit bull, Trevor Nichols, to accost the sanitation worker, police said.
During the confrontation, the dog bit the trash collector, who went to his truck and got a handgun, Navarro said. Coffea allegedly pointed the gun at the homeowner and fired a shot at the dog, wounding the animal in the leg, Navarro said.
Afterward, the sanitation worker drove away. Police located him at the Kirkwood Car Wash on Greenbank Road and arrested him, Navarro said.
Coffea, of the first block of Duquesne Court, west of New Castle, had suffered a dog bite to the lower leg and was treated at Christiana Hospital for that and other injuries sustained in the altercation.
He was charged with aggravated menacing, discharging a firearm in a residential area, carrying a concealed deadly weapon and possession of a firearm during a felony.
Nichols was charged with felony assault and terroristic threatening, Navarro said.
No bail information was available Tuesday night.
Navarro said the pit bull was turned over to a Society for the Prevention of Cruelty to Animals officer. The dog's injuries do not appear to be serious, he said.
Here is the Delaware Law on dealing with aggressive dogs at large:
§ 1709. Injuring or killing dogs for certain acts.
(a) Any police officer, constable or dog warden who finds a dog running at large and deems such dog to be an immediate threat to the public health and welfare may kill such dog.
(b) Any person may injure or kill a dog in self-defense or to protect livestock, poultry or another human being at the time such dog is attacking such livestock, poultry or human being.
(c) Any person may injure or kill a dog at the time such dog is wounding another dog if the dog being wounded is on the property of its owner or under the immediate control of its owner and being wounded by a dog that is running at large.
(d) Any person who injures or kills any dog in accordance with this section shall not be held criminally or civilly liable therefor. (Code 1915, § 2406G; 34 Del. Laws, c. 185, § 1; Code 1935, § 2871; 7 Del. C. 1953, § 1706; 70 Del. Laws, c. 105, § 10; 71 Del. Laws, c. 135, §§ 6-8, 16; 71 Del. Laws, c. 431, §§ 1, 10.)
BTW Delaware has a vicious dog law and this incident would give the Trashman the right under that law to shoot the Doggie dead, the law also has some protections like immunity form other criminal laws, and immunity from a lawsuit. Another question is if the policeman even knows what the law says, and IF these charges will stick once they get to the AG or to court.
http://www.delawareonline.com/apps/pbcs.dll/article?AID=2007703280370
Dog shot during man's fight with trash collector
Pit bull bites worker during confrontation; both men charged
By TERRI SANGINITI, The News Journal
Posted Wednesday, March 28, 2007
A sanitation worker and a Prices Corner homeowner were arrested Tuesday after a fight over trash pickup in which the homeowner's pit bull was shot.
New Castle County police Cpl. Trinidad Navarro said the sanitation worker, Aaron Coffea, 30, was collecting trash about 12:05 p.m. when a pit bull charged at him in the 300 block of Virginia Ave. in the Brookland Terrace development.
The trash collector fended the dog off with a bag of trash, then continued to the next residence, leaving the garbage behind. That prompted the 20-year-old resident of the home with the pit bull, Trevor Nichols, to accost the sanitation worker, police said.
During the confrontation, the dog bit the trash collector, who went to his truck and got a handgun, Navarro said. Coffea allegedly pointed the gun at the homeowner and fired a shot at the dog, wounding the animal in the leg, Navarro said.
Afterward, the sanitation worker drove away. Police located him at the Kirkwood Car Wash on Greenbank Road and arrested him, Navarro said.
Coffea, of the first block of Duquesne Court, west of New Castle, had suffered a dog bite to the lower leg and was treated at Christiana Hospital for that and other injuries sustained in the altercation.
He was charged with aggravated menacing, discharging a firearm in a residential area, carrying a concealed deadly weapon and possession of a firearm during a felony.
Nichols was charged with felony assault and terroristic threatening, Navarro said.
No bail information was available Tuesday night.
Navarro said the pit bull was turned over to a Society for the Prevention of Cruelty to Animals officer. The dog's injuries do not appear to be serious, he said.
Here is the Delaware Law on dealing with aggressive dogs at large:
§ 1709. Injuring or killing dogs for certain acts.
(a) Any police officer, constable or dog warden who finds a dog running at large and deems such dog to be an immediate threat to the public health and welfare may kill such dog.
(b) Any person may injure or kill a dog in self-defense or to protect livestock, poultry or another human being at the time such dog is attacking such livestock, poultry or human being.
(c) Any person may injure or kill a dog at the time such dog is wounding another dog if the dog being wounded is on the property of its owner or under the immediate control of its owner and being wounded by a dog that is running at large.
(d) Any person who injures or kills any dog in accordance with this section shall not be held criminally or civilly liable therefor. (Code 1915, § 2406G; 34 Del. Laws, c. 185, § 1; Code 1935, § 2871; 7 Del. C. 1953, § 1706; 70 Del. Laws, c. 105, § 10; 71 Del. Laws, c. 135, §§ 6-8, 16; 71 Del. Laws, c. 431, §§ 1, 10.)
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