Outside Magistrate Judge to Hear Dog Shooting Case

A hearing will take place in the coming weeks before an independent magistrate judge to determine if a Royston Police officer was at fault when he shot and killed his neighbor’s dog.

The incident happened last Wednesday night at the home of Royston Police Captain Kenneth Reynolds on Mt. Olivet Road in Hart County while he was off duty.

“We received a call Thursday afternoon where the property owners had found their dog dead on their property just inside a barbed wire fence,” Hart County Sheriff Mike Cleveland said Tuesday. “When we arrived, they had already asked Mr. Reynolds did he shoot their dog. He said he shot a dog, but he didn’t know if it was their dog or not.”

Cleveland said deputies interviewed Reynolds who stated he had let his Chihuahua out to relieve itself Wednesday  when he saw two dogs at the back of his property and he shot the dog.

Photo courtesy of Mark Jordan

Photo courtesy of Mark Jordan

“He was afraid that dog, and I believe there was another one with it, might attack his dog and he shot the dog,” Cleveland said.

According to Cleveland, officer Reynolds has had problems in the past with his neighbor’s dogs coming onto his property and killing his chickens.

“In this particular incidence, this man has had a history of dogs coming on his property and causing problems, including killing his chickens. That’s documented. He did an incident report when his poultry was killed. The gray area comes when dogs come back on your property and they’re not attacking, but we’re going to get some clarification, hopefully,” Cleveland said.

The dog that was shot was owned by Mark Jordan who was visiting Deborah Cleveland, who owns the property next to officer Reynolds.

Cleveland said since there were no witnesses, it is difficult to say where the dog was when it was shot other than what officer Reynolds indicated.

“Officer Reynolds’ statement was that the dogs were on the backside of his property and the dog (that was shot) apparently went back under the barbed wire fence and died there. We couldn’t find any blood droplets, but that doesn’t mean it wasn’t on officer Reynolds’ property.”

Photo courtesy Mark Jordan

Photo courtesy Mark Jordan

Cleveland said people on both sides of the issue are in such an uproar, that he has asked for an outside magistrate to hear the case.

“We have concluded our investigation and turned the case over to the Hart County Magistrate’s office,” Cleveland said. “The Magistrate Judge has contacted the Magistrate’s Council to appoint an unbiased Magistrate Judge with no ties to either party, to hear this case in court.”

Cleveland said it is only legal to shoot a dog that is on your property and doesn’t belong to you if it is considered dangerous.

“That dog has to be causing a huge problem before you can actually shoot the dog,” Cleveland said. “You can’t just shoot a dog for coming on your property.”

Cleveland said he hopes an independent magistrate judge will be able to clear the matter and make an objective determination as to whether either Reynolds or his neighbor was at fault.

Depending on what the judge decides, officer Reynolds could face either animal cruelty charges, which is a misdemeanor or aggravated animal cruelty, which is a felony.

So far, no date for a hearing has been set.

More on this developing story as details become available.