No charges in case involving dog shot with crossbow

January 24, 2018 Local News, News Frontpage

Police investigated a shooting incident

(SANDUSKY) – Sanilac County Prosecutor James V. Young announced Wednesday that his office will not be prosecuting the person who shot a 7-year-old shepherd-huskie mix in the head with two crossbow arrows.

Jason Lumley, of Worth Township, owns Marty and another dog. They got loose on Gardner Line Road between Vincent and Babcock roads, west of Lexington. When Marty was recovered, he had the crossbow arrows in his head.

According to Young’s news release, Michigan law provides that a person may legally kill a dog that is in the act of pursuing, worrying or wounding livestock.

 “Accordingly, as the evidence tends to support the person’s story that the dog was in the act of attacking his goats at the time that he shot at it, if proven true, he would have a legal justification for his action,” according to the release.

“As there is no evidence to the contrary, criminal prosecution is not available. The deputies who investigated the case have stated they agree with this determination.” According to the release: “The prosecutor’s office does not approve of the manner in which the dog was shot. Sanilac County sheriff deputies were able to identify the person who shot the dog. He told investigators he found two dogs attacking his goats inside their pen.

 The man told deputies he tried to use a pitchfork to separate the dogs from the goats. He said he was not able to do so and his goats were bleeding. He told deputies he felt he had to shoot the dogs to protect the goats. The man stated he used a crossbow because it was what was available. He said one dog ran away and felt he had to shoot the first dog a second time.

According to investigators, deputies found blood sprayed on the walls in the area where the goats were kept. The goats had injuries that were consistent with dog bites, according to deputies.

Officials said information about the case was released prematurely on social media and in the news media before the investigation was complete and the Sanilac County Sheriff’s Office has not asked for any charges. The release said if central dispatch had been contacted, the dog might have been found earlier and the matter resolved sooner.

“While it is fortunate that the dog is expected to recover, this case serves as a good reminder that it is a dog owner’s responsibility to keep the dog safely at home so that incidents like this do not occur,” the release concluded.