Donkey Owner Pursues Civil Case

Attorneys for the owner of a donkey killed by police in Georgia filed a court motion on Wednesday, asking a federal judge to reject an officer's request to dismiss a civil lawsuit. The legal filing seeks to keep the case alive after Tallapoosa Judicial Circuit District Attorney Jaeson Smith announced he would not bring criminal charges against Officer Trenton Garner.

Smith issued his decision in a report dated Nov. 2. He concluded that Garner acted reasonably to protect another officer during an encounter in Polk County. The donkey, HeeHaw, was shot shortly after midnight on Aug. 30 while officers searched for a missing 12-year-old girl. The girl was later found safe.

The district attorney's review relied on dispatch records, witness interviews, and body-camera video. Smith wrote that officers backed away as the animal approached. Another officer used a Taser's electrical arc, but HeeHaw continued forward until it was approximately an arm's length away. Garner then fired once. Smith stated that Garner's actions do not sustain criminal liability.

The prosecutor's conclusion differed from an assessment by a Georgia Department of Agriculture investigator, who found that Garner had violated criminal statutes. Smith said that earlier assessment omitted information relevant to whether the officers reasonably feared injury. HeeHaw's owner, Hannah Michelle Israel, has maintained the animal was gentle and never behaved aggressively. Smith's report cited other witnesses who described prior aggressive encounters with the donkey.

Israel's civil lawsuit alleges that officers entered her fenced pasture without a warrant or permission and shot the animal without provocation. Garner has asked a federal judge to dismiss the case based on qualified immunity. He argues he reasonably believed another officer was in danger.

In their response, Israel's attorneys presented a different interpretation of the body-camera video. They stated that HeeHaw approached with his head up and ears forward, showing no signs of aggression. The officer nearest the animal stepped aside without drawing his weapon. Garner aimed for about two seconds before firing without warning.

The attorneys cited a 2024 federal appeals court ruling to argue for limits on when officers may shoot domestic animals. They contend that whether the donkey posed an immediate danger is a question for a jury. Israel's attorney Solomon Radner said there was no justification for the killing and that the fight for accountability will continue.