An Erie police officer who shot and killed an “unlicensed, off-leash” German shepherd May 10 after he said it approached him in an aggressive manner “was justified in using deadly physical force,” Boulder County District Attorney Stan Garnett wrote in a report released this morning.
“When Officer Jamie Chester fired his weapon, he reasonably believed that the German shepherd ‘Ava’ was going to cause him serious bodily injury,” Garnett wrote in a report after his office reviewed the shooting. “Based on the threat of officer safety, Officer Chester was justified in using deadly physical force, and therefore he did not needlessly kill the dog.”
Garnett wrote that the investigation refuted the dog owner’s contention that Ava was shot in the back.
“The dog’s upper body and front legs were extending towards Officer Chester, and she was within an arm’s length of him,” Garnett wrote. “As the dog lunged at him, Officer Chester shot her on her outside top shoulder. When Officer Chester fired his weapon, the dog was on her hind legs approximately six to 10 inches from him. At the same time, Officer Chester moved his left hand into his body because he thought she was going to bite him.”
Chester’s actions didn’t constitute criminal conduct, according to Garnett, and no criminal charges will be filed.
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