I. Question Presented
Is Veyas guilty of animal cruelty because she acted in self defense and can she be charged with recklessly discharging a firearm even though she was in an altered state of mind?
II. Brief Answer
No, Veyas is not guilty of animal cruelty because she believed her life was at risk by the horse, she also is not guilty of recklessly discharging a firearm because of her altered state of mind.
III. Facts
Jessie Veyas is an off duty police officer suffering with PTSD, she was taking her nightly walk with her dog when a blind horse by the name Justice startled her. Ms. Veyas pulled her standard police-issued .45 caliber handgun and fired 3 rounds at Justice, unfortunately killing Justice. Amy Jenkins, who owns the pasture …show more content…
Discussion
A. Argument
Veyas is not guilty of animal abuse because she shot the horse in self defense, even if the horse posed no threat, she perceived, in her altered state of consciousness, that the horse was a threat to her safety.
1.828.12 Cruelty to animals.— A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, commits aggravated animal, a felony of the third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or both.
Veyas did not recklessly discharge a firearm because she was in an altered state of mind due to her PTSD episode and was not able to perceive the horse as not a threat.
776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.— A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily
Is Veyas guilty of animal cruelty because she acted in self defense and can she be charged with recklessly discharging a firearm even though she was in an altered state of mind?
II. Brief Answer
No, Veyas is not guilty of animal cruelty because she believed her life was at risk by the horse, she also is not guilty of recklessly discharging a firearm because of her altered state of mind.
III. Facts
Jessie Veyas is an off duty police officer suffering with PTSD, she was taking her nightly walk with her dog when a blind horse by the name Justice startled her. Ms. Veyas pulled her standard police-issued .45 caliber handgun and fired 3 rounds at Justice, unfortunately killing Justice. Amy Jenkins, who owns the pasture …show more content…
Discussion
A. Argument
Veyas is not guilty of animal abuse because she shot the horse in self defense, even if the horse posed no threat, she perceived, in her altered state of consciousness, that the horse was a threat to her safety.
1.828.12 Cruelty to animals.— A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, commits aggravated animal, a felony of the third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or both.
Veyas did not recklessly discharge a firearm because she was in an altered state of mind due to her PTSD episode and was not able to perceive the horse as not a threat.
776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.— A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily