"The deputy interviewed Estil Clifton and learned that the dog had gotten into his chicken coop the previous night and killed three of his four chickens. Clifton was watching for it when it returned the next night. Clifton went outside when he saw the dog enter the coop. The dog attacked him, biting him twice on the chest. He grabbed a maul axe and hit the dog on the head, killing it." ---Warren Hinkle, "The Voice"
HELLO???!!!!
Virginia Code 3.2-6552 clearly states the dog must be in the act of killing or chasing livestock or poultry before a person can act with lethal force. Finding the dog and killing it the following night does not fall under this provision. You cannot kill a dog after the fact. That is illegal. The law is very specific and includes details about dealing with a situation that has already occurred and is not occurring in the moment.
So the dog attacked the man? Okay, here's my question: was the maul axe in the chicken coop when this happened? If it wasn't, this means Clifton had to leave the dog in the chicken coop and go back to grab the axe. The dog didn't flee. Why? Did something have its paw trapped, perhaps? Foot trap or chicken wire--that's irrelevant. Or, was the dog was locked in the coop deliberately for the specific purpose of killing it? No animal is going to stand still while somebody beats it to death. If somebody was braining me with a maul axe, I'm pretty sure I'd take a few bites out of their chest, too. I would also try to run away. We're talking about a 75 year old man here. You mean to tell me he chased this dog while it was trying to escape and was able to keep up well enough to kill it? Or was the dog restrained somehow, unable to flee? I'm sorry, but all of this spells INTENT to me.
Bottom line, I know no charges will ever be filed in this case. But Tazewell County officials shouldn't think for a minute that people are buying this story. This front page, above-the-fold article with graphic pics in The Voice just makes the whole thing look a lot worse. If the facts stated in this article are accurate, then a very clear picture emerges of a deliberate, criminal act. For me, Mr. Clifton has a lot more work to do explaining his way out of a Class 6 felony.
P.S.: The journalist who wrote this article, Warren Hinkle, has served (and is still serving, as far as I know,) as Chairperson of the Tazewell County Animal Shelter Board.