Pistol showdown suit slated for July trial

David Yates Jan. 25, 2012, 10:21am

Last May, the Southeast Texas Record reported on a suit brought by Joseph Kiker, which alleges Thomas Termine pulled a gun on him after he threatened the man for not leashing his dog.

On Jan. 6 a discovery control plan order was entered in the suit, slating the case for a July trial, court records show.

The order also calls for all discovery to be conducted by May 31, unless extended by a Rule 11 agreement.

According to the lawsuit, 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 they were out riding. The incident caused Kiker to fall off his bike and come to his dog's rescue. He kicked at the bloodhound to run off the "much bigger dog," the suit alleges.

The suit says 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 dog 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.

He is suing for exemplary damages and his medical expenses.

Beaumont attorney Ryan Gertz represents the plaintiff.

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

Case No. A190-086

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