Question about rabid animal shooting

[Thrillz]

Didnt know where this would fit most appropriately, so i figured the General forum would be best.

Here is (was) the situation. My sister lives right off of East Market St., right by the shopping center with BestBuy, with her boyfriend and 2 and a half year old daughter. There was a 40lb rabid raccoon running around in her backyard every couple nights or so. The raccoon had killed 3 of her neighbors cats, in very violent ways. From what i was told, one of the cats was disemboweled through its anus. Then a couple nights later it attacked another neighbor while he was walking his dog, the guy managed to grab a broomstick and hit it a couple times and it ran off fortunately. I guess animal control managed to trap it yesterday afternoon.

Now my question is lets say i had been there visiting, and been outside smoking a cigarette or walking to or from my car and i ran across this rabid beast. If it had approached/attacked me, would i have been ok from a legal standpoint if i had shot it? Her street is fairly populated and its quite a busy street and her house sits right on it. Could i have been charged with any kind of negligence or something?

[knight0334]

You'd be legal under game laws. However you could still be violating local discharge laws. You could cite a justification in court though.

[snakeman21]

You'd be legal under game laws. However you could still be violating local discharge laws. You could cite a justification in court though.

Yeah, and most courts aren't going to worry about a discharge ordinance when you dispatched a dangerous animal that was already doing damage. Not saying there's no chance you'd get hit up with a fine or something, but it's not very likely.

[HolyCrapItsFunk]

What sucks is, someone will have a problem with it. For whatever reason, it won't be justified to someone.

[nijwnfi]

Sounds like an aggressive Raccoon. Not necessarily rabid, nocturnal activity is normal. Day or night wouldn't matter for a rabid animal. Raccoons will tear cats up. Also did the dog in this case corner, or threaten the Raccoon? Hopefully they will test it to be sure.

[Thrillz]

Im pretty sure that the raccoon was confirmed as has having rabies. From what i understand the dog was on a leash and being walked by its owner when the raccoon came out and came at them to attack. The guy was lucky enough to be right by a broom which he used to hit the raccoon a couple times and send it fleeing

[nijwnfi]

If rabies was confirmed, keep an eye out in the neighborhood, there will probably be more.

[Lee-online]

Know one even needs to know.

[Qtrborecrazy]

Sucks to live in city limits. Out here in the sticks gun fire is music to our hears.

[Manxdriver]

If rabies was confirmed, keep an eye out in the neighborhood, there will probably be more.

Iwas about to post that it's unlikely that it was the same animal. Rabies is fairly aggressive in how fast the animal goes from onset to death. It is LIKELY that the local population is experiencing an outbreak. Not positive on that time 'factoid' but fairly certain from my ranchhand days of my youth.