Thank you for the follow up! That is still negligence or aggrivated negligence (not familiar with California law and their castle laws but I imagine it isn't lax on firearm use.) You should press charges

been working on that.

Did she have reasonable knowledge to believe you were on the property at the time? I'm guessing from your history as neighbors you were frequently on one another's properties and won't have to worry about trespassing. I'm just being a little nosey at this point, it's an interesting story

Considering that your dog could have caused the horse to break a leg, which would have resulted in the horse being put down, your neighbor was within their right to kill your dog. Shooting toward you was a stupid move, though. You should maybe be a more responsible pet owner and keep your dog off their property. It's incredibly careless to just let your dog roam, it can cause harm to the property and livelihood of your neighbors. If your dog tripped the horse and caused it to break a leg, I bet you'd insist you weren't responsible for the damages.

you don't have to put the horse down.. you can care for the leg. It's expensive but you don't HAVE to kill the horse. OP said they were playing, so I highly doubt the horse was agitated.

My dogs play with my horses all the time. I think it's a natural thing. The only way to keep a dog in and still let it free roam is to have an electric fence. Sounds mean but it's effective and dogs are smart enough to learn not to go near the boundary and get shocked

Geez #42 the dog had a better chance of getting hurt by the horse than the other way around, not saying you're wrong but neighbor could've also easily shot the horse instead of OP in the same fashion. The prick just wanted to shoot the dog instead of being rational about the situation

Unless you think OP is a horse, where in the FML or OP's comment did you conclude that the horse has a broken leg?

The dog sees deer, rabbits, stuff like that, escapes the yard and goes over sometimes and I have to go get her. She does have an electric fence because I'm unable to afford $2000 or more for a physical fence. She even has the high voltage collar for the most dangerous dogs but she still gets through it sometimes.

Sounds like you need to invest in some goddamned dog training classes to keep a grip on your animal, if she's so wild and determined to chase "prey" that she'll ignore shock collars and electric fences. If you can't afford proper training and safe containment within your property for a dog, you shouldn't own a dog.

#42 Well shit as long as we're in the swing of punishing people for the possibility of someone or something getting hurt let's round up everybody who drives, plays sports and god knows what else. According to OP the dog was playing with the horse (I'm comfortable assuming OP is truthful) and sure things could happen but it's an animal and it was an innocent act. Im not saying that a dog wanting to play is an automatic justification for repeated trespassing or damage but it's not grounds for shooting it. Though I feel inclined to respect your astounding ability to play the devils advocate I do find this opinion lacking in common sense.

I'm sorry but if your dog goes through a high voltage collar to chase prey then I wouldn't want it anywhere near my livestock either. And if your dog has gotten out so often over the years, I'd bet they have had problems with it before. You need to find a way to contain your dog. Your pet is your problem, not your neighbors problem to deal with. Plus you say the animal has gotten out multiple times over the years yet you can't afford the fence. If you had saved $50 bucks a month over the years you would have your money by now. A little over $10 a week and you'd have a real fence and your dog wouldnt be in danger. Responsible pet ownership.

My husband and I saved up for a nice fence, paid $2000.00 and a few days later our dog had dug a hole under it. We put bricks and stuff to try and stop it. He got around them. Some dogs are just ******* Hudinis. Unless OPs dog is known to kill livestock, I really don't think the neighbor should have shot at it. Even then, it would have to be one very talented dog to hurt/kill a horse. We also have a female dog who is super friendly and loves everyone and everything and she wanders the neighborhood with other dogs in the neighborhood and they've basically become the neighborhood watch. All the neighbors know who they are and let them wander because they really are great dogs.

Even though I am a dog owner and love all animals, this is on you. It is your responsibility to control your dog. While I do not like the idea of her shooting your dog, it is within her rights to do so if she feels that she or her livestock are threatened. Especially when you admit that this has happened several times in the past. If you cannot afford a physical fence and the electric fence is not enough of a deterrent to keep the dog on your property, you need to put it on a leash or a tie out. Otherwise, it will be your fault when your dog gets killed or injured because it is out running. There are more dangers out there than just a trigger happy neighbor as well. Even if you did succeed in pressing charges after the fact, it wouldn't bring back your dog. It is your job as a dog owner to control and protect your dog.

You don't, that's not how the castle doctrine works or firearms law or assault laws for that matter.

The Castle Doctrine applies to intruders; people who intend harm or attempt assault. Not someone going to retrieve their dog.

Or a very stupid reason like in this case. The stupid moron could have killed OP or a passerby. OP please press charge. People shouldn't be allowed to shoot indiscriminately

"chasing deer" is a good reason to shoot a dog? wtf? this is California mind you. you can't just go and hunt deer in your neighborhood... of that is even legal anywhere?

Unless the neighbor invited him over, not the neighbor's fault

Yes because the law states if there in an intruder with intent to harm or kill the intruded, then the intruded has the right to kill. OP just went to retrieve his animal, who was just playing around. I feel it'd be important to know this dogs breed though! Is it a pitbull or a little Yorkie?