(US - Ohio) neighbor shoots animals; "animal trespassing" laws; comment

[Mary Finelli]

LANDOWNER SHOOTS AT STRAY LIVESTOCK
Pays $1,500 to Settle with Owner
Farm and Dairy, Andrea Myers  05/29/2003
http://www.zwire.com/site/news.cfm?newsid=8143040&BRD=1996&PAG=461&dept_id=459492&rfi=6

Landowner allegedly shot to protect child, property.


Salem, Ohio - Since Francis and Estelle Hilton moved into their new home 
near Warsaw in Coshocton County in 1991, there's been trouble in the 
neighborhood. The couple's frustrations have centered around farm animals 
and their owners - their neighbors. Meanwhile, those neighbors are just as 
upset, especially after accusations that Francis Hilton shot one neighbor's 
horse earlier this month. The couple anted up $1,500 to Shelly Kuchinka 
after two of her horses and a small bull calf escaped electric fencing and 
came onto their property.

Chain of events. Early the morning of May 2, Hilton and his 9-year-old 
great-nephew saw two horses and a young Angus bull calf on their property. 
"The horses were up on their hind legs, pawing and biting each other, 
running everywhere," Estelle Hilton said. "We just had our lawn put in. We 
spent $7,000 on the lawn, sidewalks and shrubs," Hilton said.

Francis Hilton used a 12-gauge shotgun to fire shots into nearby trees, 
hoping to scare the animals away. Soon after, neighbors accused Hilton of 
firing directly at the horses. "I saw my husband shoot twice and saw the 
leaves on the apple tree fly, so I know he didn't shoot right at the horse. 
"If he was shooting [at them], he would have shot both of them," Estelle 
Hilton said, noting she and her husband are "scared to death" of horses and 
cattle.

Injuries. Sheriff's reports show "the horse was bloody around its chest area 
and front legs" when deputy David Selders arrived. Reports also show a 
veterinarian on the scene said the horse "probably had buckshot pellets in 
its joints" and saving the horse would require a trip to the veterinary 
hospital at Ohio State University. The horse, Ripper, is recovering at home 
after a five-day veterinary hospital stay in Columbus.

Second time around. According to police reports, neighbors Richard McGrady 
and Leta Grudier caught the horses and calf and fixed a portion of McGrady's 
fence that was damaged during the ordeal. Hilton was previously accused of 
shooting a bull owned by McGrady in 1995. The bull reportedly broke through 
the fence and chased Estelle Hilton through her yard.

Not guilty. A May 19 out-of-court settlement of $1,500 covers Shelly 
Kuchinka's lost wages for May 2 plus hauling and veterinary costs. "My 
husband did not shoot directly at that horse. He's innocent," Hilton said, 
adding they settled only to relieve the situation with their neighbors.
According to Kuchinka, veterinarians confirmed the injuries were gunshot 
wounds.

Matter of principle. "It's the whole idea that these animals tore up our 
yard. We've never bothered all our neighbors but this is an ongoing thing, 
all the time with animals," Hilton said. She believes she and her husband 
were set up in an effort to collect money. Kuchinka sees it differently. Her 
main frustration is Francis Hilton's history. "It's like if you're going to 
step in his yard, he's going to shoot, that's his attitude," she said. "He 
lives right in the middle of several farms. He needs to understand this 
happens," Kuchinka said, referring to times when livestock get out. "If 
[something like] this happens gain, we'll let [the animals] do whatever and 
let the sheriff and courts settle it. We're tired of this," Hilton said.


RELATED STORY:

Rights, penalties for animal trespassing: Know the law

Salem, Ohio - What you don't know about animal escape and trespassing may 
surprise you. Francis Hilton had every right to shoot at the horses and bull 
that were threatening him, according to Coshocton's law director, James 
Skelton. Hilton legally could have shot directly at the horses and been 
within the confines of the law. The law agrees. "The law states that if an 
animal, wild or tame, wanders onto your property, you've got the right to 
defend yourself or your property if you feel threatened," Skelton said. In 
addition, shooting an animal on your property - even a neighbor's dog deemed 
threatening by growling or barking - is legal and can't be prosecuted 
criminally if threat can be proven.

Another question. The main question that comes to mind is why Hilton just 
didn't go back inside when he saw the horses and bull on his property, 
Skelton said. "[Hilton] was under no obligation to go inside under state 
law," he said. Though Estelle Hilton said the out-of-court settlement was 
the end of the matter, Skelton said both parties can pursue civil court 
remedies for property damage.

(Reporter Andrea Myers welcomes reader feedback by phone at 1-800-837-3419, 
ext. 22, or by e-mail at amyers at farmanddairy.com.)


©Farm and Dairy 2003
Reader Opinions

Post your opinion and share your thoughts with other readers!

Name: K. Kirsch
Date: May, 29 2003
It's a common problem when people who don't understand nor respect country 
life invade rural areas, spend $7,000 to put in grass and shrubs and are 
"scared to death" of livestock. Why did they move there in the first place? 
Better the Hiltons should spend some of their money on fencing their lawn 
and shrubs and take a course in country living. While the law may support 
their renegade behavior in shooting at the horses (who were clearly playing) 
and the bull calf, the animals are not the problem. The problem is ignorant 
people moving into environments they don't appreciate.

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