Suit alleges loose dog resulted in pistol showdown

David Yates May 26, 2011, 6:00am


Two Beaumont neighbors are in litigation over an unleashed dog and the alleged pistol showdown that resulted from an attack by the aggressive canine.

Joseph Kiker filed suit against Thomas Termine on May 23 in Jefferson County District Court.

Court records show that both Kiker and Termine reside in a neighborhood surrounding the Brentwood County Club. Kiker, 57, routinely rides his bike around the golf course while out with his 3-pound Yorkie.

On May 2 Termine's dog, a bloodhound, escaped his property and attacked Kiker's dog while out riding. The incident caused Kiker to fall of his bike and come to his dog's rescue. He kicked at the bloodhound to run off the "much bigger dog," the suit alleges.

Termine witnessed the incident and confronted Kiker, yelling at him for kicking his dog, even though Kiker missed.

"Plaintiff told defendant he was sick of defendant's dog attacking his dog and that he would 'kick his ass if the bites my dog again,'" the suit states.

"At that point, plaintiff thought the incident was over, but defendant then pulled out a pistol, cocked it, pointed it at plaintiff's feet, and told plaintiff that he was going to 'blow him away.' Fearing for his safety, plaintiff left the scene."

Kiker claims he injured his back and leg in the incident and has suffered great mental anguish.

The suit accuses Termine of negligent handling of an animal of threat of bodily harm.

Kiker is suing for exemplary damages and his medical expenses.

Beaumont attorney Ryan Gertz represents the plaintiff.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A190-086

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