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Comins Trial - Day 2

Owner and Investigating Officer Testify

On day two of the trial, the owner of the dogs, Christopher Butler testified. Coverage from WFTV can be read here. Butler testified that he was coming across the road to the field when the shooting started.  Butler told jurors he continued to shout, asking the defendant to stop as one of his dogs ran toward him. "I said, 'Please stop, just please stop shooting," he said. When the shooting stopped, both dogs were injured. Hoochie lost an eye.

The inital investigating officer testified as to his findings when he arrived.  Recall that the investigation by the police did not result in an arrest.  It was only after the state attorney reviewed the tape of the shooting that interest in prosecution began.  The cross examination of the investigating officer made clear that the defense intends to use the initial decision not to charge by the investigating officers as a defense for Comins.  His attorneys insist he never should have been charged for protecting livestock and pointed out one of the first deputies on the scene seemed to agree. "In part of this incident report, you came to the conclusion that a cattle owner has the right to protect their property from dangerous or potentially dangerous dogs that are threatening the livestock. And, you put down dangerous dogs, is that correct?" Comins' attorney asked the deputy in court. "That's correct," the deputy answered.

This of course creates a problem for the prosecution.  The defense will undoubtedly argue that the public outcry about the shooting by the public is the only reason Comins was charged. Of course, the prosecution can rebut this with the fact that when the officers initially investigated, they did not have the benefit of the videotape, which clearly shows Comins shooting while not in danger.  And none of the cattle showed any signs of injury.

So, on to day three, where the prosecution intends to call one more witness and the defense will then start their case.