-Shooter said dog was barking and acting aggressive-

OSOYOOS TIMES-June 4, 2008-

By Paul EverestrnOsoyoos Times

An Osoyoos woman is in stunned disbelief after seeing her dog shot in the face, an act the shooter said was self defence.
Teya Coty, who lives on 91st Street, said she was working in her vineyard on the evening of May 27 when a neighbour let her know that her two dogs, Spryte, a bichon frise, and Pepper, a two-year-old St. Bernard, were wandering southwards along Hwy. 97.
Even though the dogs are usually tied up or in the house, Coty said because her home's front door won't close properly, the dogs were able to get out.
She said she jumped in her car to retrieve them and spotted Pepper's tail near the back of George Cimbala's property across the highway on 160th Avenue.
Coty said she called the dogs and Spryte came right away, but Pepper lingered in a chicken coop in the northeast corner of the property.
Before Pepper could come to the car, she said, Cimbala walked towards her carrying a 12-guage shotgun, complaining that his chickens had been eaten.
I could see him walking through his vineyard pointing to that corner, she said. Just as (Pepper) gets to the end of the row that (Cimbala's) going to walk out of, she goes up to him and starts barking.rnAlthough she was trying to lure the 56-kilogram dog to the car, Coty said Cimbala moved in front of Pepper to block her path.
He was jumping in front of her with the gun, Coty said. He says 'She's in my chickens, I'm going to shoot your dog.'rnWith Coty 10 feet away, Cimbala aimed the weapon at Pepper's head and pulled the trigger, but the gun did not go off.
Coty said Cimbala then pumped the gun and fired at Pepper's face. This time the weapon fired a spray of bird shot.
I said 'How could you do this to an animal?' Coty said. Her face was hanging open.
Talking about it doesn't help me get over the shock of it. He's shooting Beethoven.rnAfter an initial medical assessment where it was determined Pepper hadn't suffered brain damage, she was taken to a veterinary clinic in Kelowna.
Coty said it cost $750 for the medical transport used to get Pepper to the veterinarian and she's been told the surgery to repair the dog's injuries could cost as much as $10,000.
Her quality of life is challenged and changed significantly, Coty said.
She also said that the Kelowna veterinarians looking after Pepper last week determined the dogrnhad not eaten any of Cimbala's chickens.
I knew she'd be vindicated that way, Coty said.
On June 2, Coty said that Pepper returned home for the weekend and was to return to the veterinarian in Kelowna later that day.
She added that the dog is having trouble breathing, her jaw has been wired, she's not interested in food and her palate has been replaced.
She's not out of the woods yet, she said. It's going to be a wait and see.rnCimbala, a self-described hunter, said he feels bad for the dog and Coty, but he said he did feel threatened by Pepper.
She started barking, he said. She came towards me.rnAt first, Cimbala said, he had gone out to defend his chickens because he has lost between 140 and 160 birds in the past year to local dogs and coyotes.
He added that he had shot a dog in its backside the week before the incident with Pepper because the animal was trying to get at the chickens. He is now working to close off most of his property with a fence.
When he saw Coty calling after the animals, he said he warned her that Pepper had come close to being shot, especially after he had found feathers over there.rnI said 'Lady, you are lucky because I will shoot her.'rnBut Cimbala said that as he approached Coty, Pepper stayed behind him and kept barking and acting aggressive while Coty did nothing.
He said he pushed the dog away with the shotgun and still the animal's owner remained still and said nothing.
(Pepper) was always barking and she was going to jump on me, he said. I was scared.rnCimbala said that is when he shot the dog.
I feel sorry, but¦ it pushed me to do it, he said, adding that he is now receiving abusive phone calls because of the incident. I love animals.
But if you're always losing chickens¦rnCimbala said that he was told by local RCMP that he had a right to shoot an animal on his property if it was threatening his livestock under B.C.'s Livestock Protection Act.
Osoyoos RCMP spokesman Cpl. Dan Moskaluk said investigators are still looking into whether Cimbala acted properly when he shot the dog.
We have to determine if he was in his lawful right under the Livestock Protection Act, he said, adding that police had spoken to Cimbala and Coty following the shooting.
Coty said she believes that Cimbala went too far as Pepper is a dog with a gentle, loving nature.rnHe antagonized her to cause the barking, she said. My dog isn't aggressive when you take a bone away from her.rnShe added that she felt her own life was in danger when Cimbala fired the gun.
There's nobody around to help me, Coty said. I was realizing that this man is beyond reason.rnCoty said she is considering legal action against Cimbala.
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