No charges in crossbow shooting of dog who allegedly harassed goats

DETROIT -- A person accused of shooting a 7-year-old shepherd-huskie mix in the head with two crossbow bolts will not be prosecuted, according to Sanilac County Prosecutor James V. Young.

Marty, the dog who was shot, escaped from his owner and when he was recovered had two crossbow arrows in his head. The dog received treatment and went home to his owner Jason Lumley, of Worth Township, Mich., on Wednesday.

Deputies were able to identify the person who shot the dog shortly after the incident. He told investigators he found two dogs attacking his goats inside their pen and he tried to use a pitchfork to separate the dogs from the goats, but was unable to do so.  

He told deputies he felt he had to shoot the dogs to protect the goats and used a crossbow because it was what was available.

The release said deputies who investigated the scene found blood sprayed on the walls in the area where the goats were kept. The goats had injuries that were consistent with dog bites, according to deputies.

According to Young's news release, Michigan law provides that a person may legally kill a dog that is in the act of pursuing, worrying or wounding livestock.

"Accordingly, as the evidence tends to support the person's story that the dog was in the act of attacking his goats at the time that he shot at it, if proven true, he would have a legal justification for his action," according to the release.

"As there is no evidence to the contrary, criminal prosecution is not available. The deputies who investigated the case have stated they agree with this determination."

Tammy Lumley, whose brother Jason, owns the dog, said she was shocked by the decision.

"I don’t even know what to say," said Tammy Lumley Lortt, of Croswell, Mich.. "I’d like to know why."

Lortt said she was "a lot disappointed."

The prosecutor's office "does not approve of the manner in which the dog was shot." 

"While it is fortunate that the dog is expected to recover, this case serves as a good reminder that it is a dog owner's responsibility to keep the dog safely at home so that incidents like this do not occur," according to the prosecutor's release.