ATLANTA, Ga. (Atlanta News First) — A Cedartown police officer was legally justified in fatally shooting a pet donkey during a late-night search for a missing child in August, according to prosecutors.

Officer Trenton Garner’s decision to shoot the 1-year-old donkey, named HeeHaw, does not warrant animal cruelty charges, said Jaeson Smith, district attorney for the Tallapoosa Judicial Circuit, which covers Polk County.

Garner was assisting Polk County police in searching for a missing child at the time. Police said the child was later found at a church near the pasture where HeeHaw was killed.

Garner was placed on administrative leave while the Georgia Department of Agriculture’s Law Enforcement Division investigated the shooting.

In a report released Monday, the district attorney supported officers’ claims that they felt in immediate danger, citing witnesses who said HeeHaw had a history of biting and charging people.

Based on the “immediate sense of serious bodily harm” experienced by an officer and a deputy assisting Garner, “Garner’s actions can be considered reasonable to protect others,” Smith wrote.

Smith said the findings in his report stemmed primarily from the Department of Agriculture’s investigation, adding that a review of all evidence shows Garner’s “actions do not sustain criminal liability.”

Smith also noted he was “aware of multiple threats of violence and death toward individuals directly involved in this incident, individuals affiliated with agencies directly involved in this incident, and individuals with no direct involvement in the incident.” Those threats have been referred to the U.S. Department of Justice and the U.S. Attorney’s Office for investigation.

The donkey’s owner, Hannah Israel, is pursuing a federal civil rights lawsuit accusing Garner of an illegal search of her farm and the wrongful killing of a pet she described as tranquil and harmless.

Israel’s attorney, Chris McCormick, released a statement saying:

“We are strong supporters of law enforcement, but we equally support accountability. There was simply no justification for HeeHaw to be killed; in a rural community, we expect law enforcement officers to have a better understanding of animals, and there is no universe in which HeeHaw posed any danger whatsoever. Our battle for accountability will continue.”

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