Virginia Dog Owner Shoots Attacking Pit Bull, No Charges Filed

A man walking his dog in the Dale City neighborhood of Prince William County, Virginia, shot and killed a pit bull that attacked his mixed-breed dog on the evening of Oct. 18, 2020, according to The Washington Post ^[1]. Prince William County police determined that no criminal charges would be filed against the shooter following consultation with the Commonwealth's Attorney, according to InsideNova, a local news outlet covering the region ^[2].

Police were called to the 13400 block of Photo Drive shortly before 5 p.m. on a report of a vicious animal ^[1][2]. The caller told officers he was walking his mixed-breed dog when a pit bull terrier ran up behind him and began attacking his dog. At that point, the man drew a handgun and fired one round at the attacking dog, striking it in the back, Prince William County Police 1st Sgt. Jonathan Perok said. The attacking dog retreated to a nearby residence, where it remained until police arrived, and was then transported to a local animal hospital, where it later died. The mixed-breed dog sustained no severe injuries, and no other injuries or property damage were reported.

Following consultation with the Commonwealth's Attorney, no charges were filed regarding the shooting. The decision reflects a recurring pattern in Virginia cases involving the use of force to defend a companion animal from an unprovoked attack on a public thoroughfare. Virginia's dangerous dog statute, codified at Va. Code § 3.2-6540, governs when law enforcement may seek a summons against an animal's owner. Under that statute, no officer shall apply for a summons in connection with an injury to a companion animal if no serious injury has occurred, if both animals are owned by the same person, or if the incident originated on the property of the attacking dog's owner. None of those limiting conditions applied here: the attack occurred on a public street, the animals had different owners, and the victim dog's injuries required veterinary attention.

The shooter's potential civil exposure, if any, would arise on the other side of the ledger, from the pit bull's owner rather than from the shooter himself. Virginia common law holds that an owner who knew, or should have known, that a dog had dangerous tendencies is strictly liable for a victim's injuries, while an owner who lacked such notice could still face liability if the attack resulted from negligence. State law also permits counties, cities, and towns to adopt local dog ordinances supplementing Virginia's animal control statutes, and Prince William County has done so through Chapter 4 of its Code of Ordinances. Whether the pit bull's owner had prior notice of the animal's aggressive behavior, a threshold question under Virginia's "one-bite" framework, was not addressed in the initial police reports.

The incident adds to a documented record of dog-attack incidents in Prince William County. Authorities there have handled comparable encounters in subsequent years, including a 2024 case in Manassas in which a family's dog was attacked by an escaped pit bull and the owner of the victim dog shot the aggressor, again with no reported charges, according to WUSA9 ^[3]. Each case turns on its specific facts, including whether the responding dog owner reasonably perceived an ongoing threat and whether the degree of force employed was proportionate to that threat. The Prince William County Police Department did not indicate, in the statements reported by The Washington Post or InsideNova, that any animal cruelty inquiry was opened in connection with the October 2020 shooting ^[1][2].

References

[1] The Washington Post. (2020, October 19). Dog owner shoots pit bull after his dog is attacked, police say. https://www.washingtonpost.com/local/public-safety/dog-owner-shoots-pit-bull-after-his-dog-is-attacked-police-say/2020/10/19/875e88cc-1261-11eb-ba42-ec6a580836ed_story.html

[2] InsideNova. (2020, October 20). No charges after dog owner shoots attacking pit bull in Dale City. https://www.insidenova.com/news/crime_police/no-charges-after-dog-owner-shoots-attacking-pit-bull-in-dale-city/article_fcdf7684-12ec-11eb-82a0-6b40356f8770.html

[3] WUSA9. (2024, October 21). Escaped pit bull shot and killed after attacking dog as owner walked it. https://www.wusa9.com/article/news/crime/man-shoots-kills-escaped-pit-bull-attacked-dog-while-walk-manassas-virginia/65-6809a737-ee5b-4195-9e75-df83c08d22ab