He obviously waited till the dog's motion crossed the line. Owning a level 1 vicious dog is reckless, First.

"If, for instance, a man is born hasty and awkward, is always having accident's and hurting himself and his neighbors, no doubt his congenital defects will be allowed for in the Courts of Heaven, but his slips are no less troublesome to his neighbors than if they sprang from guilty neglect. His neighbors accordingly require him, at his proper peril, to come up to their standard, and the courts which they establish decline to take his personal equation into account..." Mr. Justice Oliver Wendell Holmes, shot democrats, in Abraham Lincoln's, Grand Old Party.

Take a bite out of crime.