JACKSONVILLE, Fla. – A lot of people have been talking about what a Southside woman did to save her Shih-Tzu’s life when she shot and killed another dog that was attacking him. April Bell contacted the News4JAX I-TEAM wanting to clear her name after surveillance video of the incident revealed everything in real time.
The owner of the dog named Loki who was killed said Bell’s actions on Oct. 5 were reckless and over the top. He wants criminal charges filed against her. Bell, however, who used deadly force to save her Shih-Tzu named Shorty says it was her only option.
Here’s what a legal expert says the courts consider.
In the state of Florida, lawyers say you have a right to defend your property in any necessary way and dogs are considered property under Florida law. April Bell fired one bullet at Loki, a mixed-breed terrier, who locked onto Shorty’s throat and wouldn’t let go.
“He had him by the throat, and I mean he was just slinging him like a teddy bear,” Bell said.
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Before the shot was fired, Bell and the man who was walking Loki attempted to free Shorty. First, Bell was hitting Loki with a bag and then a broomstick. Then, the dog’s walker was punching him.
“There really were no other options. The way the man was wailing on that dog,” Attorney Belkis Plata said.
The State Attorney’s Office’s ultimate ruling reads in part, “There were no criminal charges that should be addressed.” We asked Plata why.
“So, I think the fact that they are on their own property is one of the things they had to consider. I think the escalating nature in which the dog owner attempted to separate the dogs, I also think that’s favorable to the dog (Shorty) owner,” Plata said. “I think the video is also helpful to show the length of time that they were struggling to try and separate these dogs. And so the killing isn’t considered unnecessary.”
Plata says even though the unleashed Shih-Tzu, Shorty, appeared to be the aggressor and approached Loki first, prosecutors are likely to focus on the fight to break the two animals apart.
She says lawyers probably also took into consideration Bell’s state of mind at the time of the shooting. Based on her statements to police that she warned the dog walker to move back, checked her surroundings and aimed low. She says if the bullet would have hit something or someone, Bell could have been charged with endangering the public.
“I think that in a vacuum, the facts of this case, everything worked out to the benefit of the dog owner. However, yeah, if let’s say she accidentally would have shot the gentleman who was also wrestling with the dog, we’d be having a different conversation,” Plata said.
“So it’s always going to be on a case-by-case basis. That should never be your first resort. I mean, you should never resort to pulling a gun for anything, unless it’s absolutely necessary because someone’s life is in danger. And in this instance, that dog’s life was absolutely in danger,” Plata said.
Plata says both dogs owners can seek legal action, but pain and suffering for both parties is not recoverable financially. Lawyers say the only thing that is recoverable is the hospital expenses to treat the dog Shorty. Bell says she is pursuing legal action.