The Claiborne County Sheriff's Office has cited the man accused of shooting and killing his neighbor's dog with intentional killing of an animal.
He is due in court in March.
Original story February 16, 2018
The Claiborne County Sheriff’s Office is investigating the shooting of a family’s dog.
According to a report filed Thursday, Rachael Whitaker told authorities her dog got loose and wandered into her neighbor’s yard in New Tazewell. There, she told deputies the neighbor shot and killed the dog.
The black Labrador, Smokey, was 10 months old. The family got the dog for their son's birthday.
“The complainant stated that the property owner told her not to come on his property and then shot her dog,” the report reads.
Whitaker told 10News Friday that's slightly incorrect -- and that she was yelling the dog's name when it was shot. She then said the neighbor told her not to come on the property.
"I said: let me get my dog," she said. "There wasn't much conversation. I said let me get my dog. And he said, no you're not coming over here, don't step foot on my property. I said let me get my dog, and take him to the vet. He told me no -- your dog is dead."
The report describes the offense as “Incident – Dog Shooting.”
The neighbor said the dogs were near his cage of ducks, according to deputies. He told them he didn’t see anyone at his property line when he shot the dog.
"He tried to claim my dog was going to harm his animals," said Whitaker. "There was no way for my dog to get into that pen or anything, and with me being right there trying to get him -- you know, take that for what it is."
Whitaker added -- many dogs do roam free in their neighborhood, which is in a quiet part of Claiborne County. But, she said this is the first time Smokey got free, and he was wearing a collar.
Claiborne County Sheriff David Ray told 10News his deputies have shared the case with the district attorney, but that charges will not be filed until they can gather more information. Investigators are working to talk to more witnesses, and “find out exactly what happened down there,” Ray said.
Ray said in his initial statement to deputies, the shooter did not make any indication the dog was being aggressive.
Whitaker isn't sure if the family has any legal options, but whatever happens -- she wants her neighbor to know how they feel.
"I'd love to let him know how bad he's hurt my kids," she said. "He tried -- when we got to retrieve Smokey he tried to offer us money. He said, how much money do you want? My husband said there's no money that can make up for what you've done."
No arrests have been made in this case. No one answered the neighbor's door when 10News stopped by the home Friday.