Joshua Gray |
The case is scheduled for July 12, 2011 in Sylva, NC (Jackson County)
"Pepper" the miniature schnauzer who was struck in the head by Gray is still in serious, but stable condition.
Joshua Gray |
I agree that striking a dog is deplorable. Our employee was surprised and nipped by the dog and reacted.
No excuse. Frontier immediately agreed to pay the vet bills. Our hearts go out to the family who we have have spoken to directly. We are investigating the entire incident and will act appropriately. Our employee is very distraught. I am a fellow dog lover and dog owner and understand your response.
John Swallow
Senior Vice President – North & South Carolina
Frontier Communications
843.957.3841 cell
john.swallow@ftr.com
"The employee reacted instinctively when surprised and nipped by the dog and swung backwards by reflex, hitting the dog."
http://asci.uvm.edu/equine/law/cruelty/nc_cruel.htmThe Raricks and their neighbors are going to request a meeting with the Jackson County ADA first thing Monday morning.
ARTICLE 47. CRUELTY TO ANIMALS.
14-360 Cruelty to animals; construction of section.
(a) If any person shall intentionally overdrive, overload, wound, injure, torment, kill, or deprive of necessary sustenance, or cause or procure to be overdriven, overloaded, wounded, injured, tormented, killed, or deprived of necessary sustenance, any animal, every such offender shall for every such offense be guilty of a Class 1 misdemeanor.
(b) If any person shall maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed, any animal, every such offender shall for every such offense be guilty of a Class I felony. However, nothing in this section shall be construed to increase the penalty for cockfighting provided for in G.S. 14-362.
(c) As used in this section, the words "torture", "torment", and "cruelly" include or refer to any act, omission, or neglect causing or permitting unjustifiable pain, suffering, or death. As used in this section, the word "intentionally" refers to an act committed knowingly and without justifiable excuse, while the word "maliciously" means an act committed intentionally and with malice or bad motive. As used in this section, the term "animal" includes every living vertebrate in the classes Amphibia, Reptilia, Aves, and Mammalia except human beings. However, this section shall not apply to the following activities:
(1) The lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, except that this section shall apply to those birds exempted by the Wildlife Resources Commission from its definition of "wild birds" pursuant to G.S. 113-129(15a).
(2) Lawful activities conducted for purposes of biomedical research or training or for purposes of production of livestock, poultry, or aquatic species.
(2a) Lawful activities conducted for the primary purpose of providing food for human or animal consumption.
(3) Activities conducted for lawful veterinary purposes.
(4) The lawful destruction of any animal for the purposes of protecting the public, other animals, property, or the public health.