GA - Man arrested after smashing window, saving dog from hot car, Athens

[sonjay]

It may not be specifically allowed by law in Georgia to break a window to save an animal in a hot car, but cruelty to animals is most certainly against the law.

What is the legal definition of animal cruelty in Georgia?
a. Cruelty to Animals (misdemeanor charge): A person commits the offense of cruelty to animals when he/she causes death or unjustifiable physical pain or suffering to any animal by an act, an omission, or willful neglect.

http://agr.georgia.gov/animal-cruelty-faqs.aspx


From what I can find at lexisnexis,
http://web.lexisnexis.com/research/...t-zSkAW&_md5=51f0beea2d070084084fea4831eb8208
"Cruelty to animals" can be either a misdemeanor or a felony, depending on whether it was "malicious." The law defines malice to be either "actual intent" OR "wanton and willful doing of an act with an awareness of a plain and strong likelihood that a particular harm may result."

So what the woman did may be a misdemeanor or may be a felony. She should have been arrested, IMO.

Also, from what I can find at lexisnexis, "criminal trespass" is a misdemeanor.
http://web.lexisnexis.com/research/...k-zSkAb&_md5=e71d9409cbdd1573efdb0567791833ca

So, yes, I hate it that there are grounds for arresting the man. But certainly there were grounds for arresting the woman, too. I think an argument could be made for malice.

In Athens, Georgia, temps have reached the 80s every single day this week. Cars get killing-hot really fast when the outside temp is in the 80s. Dogs don't have the same ability to regulate temp that people do.

 

[sonjay]

The big problem, for dogs, is that they cool off by panting — as the dog is doing in the pics above. And when they pant, they suck that hot air in the car into their lungs. In a hot car, panting does not cool a dog off; it makes the dog hotter. Which results in organ damage — to the brain, to the liver, to the kidneys. When you look at the dog's tongue in the pics above, it's clear that the dog is panting strongly. The broad, spoon-shaped tongue is a sign of overheating. ( Source: http://www.puptodog.com/articles/heatstroke )

Here's an excerpt from a USAToday interview with a veterinarian about the topic:

"A matter of minutes, five or 10 minutes" is all it takes on a hot day for a dog to wind up organ-damaged or dead, Messonnier says.


Here's how it progresses: First, the dog pants hard, trying the only way it can to cool off. As the temperature rises and the dog realizes it's in trouble, it becomes frantic, tries to get out, scratching at windows or digging at the seat or floor. It's an awful moment, the dog's moment of realization. "If you want to compare it to humans," says Messonnier, "it would be this: The person is too hot, stifling, feeling trapped. But a person knows things can be done," like smashing a window or blowing the horn for help. Dogs, of course, panic, since they can devise no strategies other than digging desperately. They often bloody themselves in this effort to survive. Some have heart attacks.


The panic doesn't last long. Very quickly the dog goes prostrate, begins vomiting, having diarrhea and lapsing into unconsciousness. Organs are disintegrating. "All organs function properly within a certain temperature range, and when body temperature reaches a certain level, organ cells begin dying. There's inflammation, white blood cells rush in … a cascade of things happens in minutes," he says. Liver, brain, kidneys are dying.


"When you do an autopsy on a dog that died this way, the organs are soupy."

http://usatoday30.usatoday.com/life/columnist/pettalk/2009-07-14-dogs-in-hot-cars_N.htm

 

[zwiebel]

Have been watching this thread since it opened, but having just lost the best boy in the whole wide world and being willing to do just about anything to bring him back to life - and being famous locally successfully resuscitating fruit flies - I could not do it.

Just wanted to say, if that was me in that guy's position, there'd be a zwiebel facing charges now. But a happy zwiebel who could sleep at night. Better than being haunted each night by what I failed to do to help a creature in need. Just could not live with myself, and wouldn't want to.

Why the heck isn't leaving pets in cars against the law? It's an unforgivable oversight.

 

[zwiebel]

Have just glimpsed the post above my last one. Have to leave. Sorry. Please do not ever leave pets in cars unattended, whatever the weather.

 

[katydid23]

There were several pictures of the dog posted. The dog looks hot and was probably uncomfortable, but it didn't look like it was going to die.

That dog is panting. A little dog like that can get into trouble very fast/

 

[gitana1]

I would break a window to save a dog I didn't think would survive until cops arrived.
However, only one bystander broke the window. The others were waiting for the cops.
The cops HAD been called and were ENROUTE... this guy chose not to wait for them, while the others waited.
That makes me think that the dog probably didn't appear to be in bad shape at the time.

I'd like to hear more about the dogs actual condition. It doesn't sound like it needed medical attention.
I have called on several pets locked in hot cars. None have been so dire I felt I needed to break the window.

Unfortunately I have to look at it as a risk assessment. It has to be worth the risk of breaking the window.
If the dog will be okay whether I break the window or not, it isn't worth me breaking it.
If it will be saving the dogs life I am happy to risk my own safety to do so, of course.

I am wondering if a bit of "macho" took over in this situation... but I doubt we will ever know.
Either way I don't think he should have been arrested. :twocents:

Here's what one of the bystanders stated about the dog: Diane Byard said she and a group of shoppers noticed the dog in the Mustang and were waiting on police before Hammons came.

"It wasn't just five minutes like the lady stated, it was a lot longer," Byard said. "I personally felt the heat in the car; I saw the dog panting. This dog was in distress." http://www.usatoday.com/story/news/nation/2015/05/12/man-saves-dog-arrest/27174399/

Not everyone has the fortitude to do what's right. This man did.

 

[bexlex]

Children and pets die yearly because of the attitude that's it's safe to just pop into the store a moment while leaving a life in a parked car with windows rolled up. Not only do they die, they suffer horribly.


I urge anyone who thinks this is an "overreaction" to roll up the windows and sit in the car on a hot day. You won't last two minutes before desperation sets in. Overreaction? Not on your life.

P.S. I don't give a damn if I'm arrested. I won't watch an innocent suffer for a moment. Disgusting.

In the short amount of time it takes to have the gas tank filled...I'm so uncomfortable. And that is almost always in the shade. I'm willing to bet this lady might face some social media shaming....

 

[bexlex]

Ok, I've got one more thing to say about this......

Several weeks ago my husbands car was broken into and the back passenger window was shattered. After a few phone calls and talking to the insurance....it ended up being $260 to have some one come to our house and replace the window. It didn't even meet our deductible. Seriously.... I wonder how this lady had the influence to force an arrest???

 

[Sonya610]

No one is a bigger dog lover than I am; having said that I can understand why the law says you should call 911 before smashing windows to rescue any dog one sees in a car.

First off, it is against the law to leave a baby in the car for ANY reason, however since dogs are not allowed in many businesses sometimes it is a necessity to leave a dog in the car.

Secondly saying it is okay to smash the windows of a car to rescue a dog that "may" be in distress becomes a judgement call AND a liability AND could potentially get a dog killed.

I have a large aggressive dog, he frequently goes with me during nice weather for car trips to run local errands. I also have police window bars on the back windows, they were installed specifically so I could drop the back windows completely if he is left in the car for a few minutes.

If I had to worry that any "crazy person" could legally smash the front windows of my vehicle to "save him" any time I left him in the vehicle for 5 minutes I would be a nervous wreck. The big difference between a toddler and a grown canine is that a toddler will not pose a threat and potentially run away/get killed as a result of being released. Some dogs would run away and could get killed in traffic, some would attack the "helper, some would become a menace to others in the parking lot and get shot by police.

Allowing people to "free" dogs at will whenever they feel like it, when in fact some may not need freeing at all because they are fine, opens up a whole other can of worms.

Of course smashing a window to save a truly distressed dog is the right thing to do however there are a lot of stupid people in the world.

 

[sonjay]

Charges were dropped!

http://www.13wmaz.com/story/news/lo...s-dropped-against-vet-who-saved-dog/27540849/