| Daniel M. York |
Jury
to decide if man justified in shooting two dogs |
Mundy
Township, MI |
June
12, 2006 |
Daniel M York, 20, was ordered to stand trial by Central District Judge
Christopher R. Odette after a preliminary examination on Tuesday, August 1st.
The Mundy Township man is charged with shooting two dogs on his property and
injuring another. York will be arraigned August 14th in Circuit
Court.
York is charged with two felony counts of killing/torturing
animals in the June 12th killing of Christopher, a 12-year old
Collie mix breed and injuring Paws, an 11-month old Labrador Retriever. The
4-year felony carries penalties of up to a $5,000 fine, 500 hours of community
service, the cost of veterinary care and being banned from owning pets.
The animals belong to Amy L Goetz who stated the dogs got
out of her Grand Blanc Road residence when a guest left a door ajar and a
third dog was able to open it fully. Goetz stated she had lived in the neighborhood
only since December.
Goetz stated both dogs were taken to a vet, but the older
dog which had a bad leg and sustained internal injuries from being shot, died.
Paws has recovered but the bullet is still lodged in him.
Mundy Township Deputy Police Chief Thomas Melrose and Chief
David Guigear testified during the preliminary examination. Melrose stated
they spoke to York who initially admitted shooting only one dog, saying it
came at him and his mother’s small dog aggressively. He stated he went inside,
grabbed a .22-caliber rifle and shot the dog. Guigear testified that York
later told him he also shot the other dog.
York’s attorney, Roy Hodge stated the case should be dismissed because homeowners
have a right to protect their property. An intern Genesee County Prosecutor
countered that there was no evidence the dogs were ever aggressive and York
had other options – to call Animal Control or police or go inside the home
with the little dog.
A jury will decide if there was just cause for York to shoot the two animals.
Update 9/28/06:
York plead guilty to two counts of killing/torturing animals.
Update 11/1/06:
York was sentenced to 3 years probation, 182 days in jail, 200 hours of community
service and was banned from owning or being near animals through his probation
term. He was also ordered to undergo psychiatric evaluation and to pay
the court costs along with fines and restitution to the dog's owner and for
the medical treatment for the surviving dog.
Reference:
The Flint
Journal
The
Genesee County Prosecutor's Office