Fatal shooting of dog by deputy investigated

JOHNS ISLAND -- Authorities are trying to unravel the case of a Charleston County sheriff's deputy who was called to assist a family last week, but ended up fatally shooting its dog.

"I lost my four-legged son," said E.L. Holst of Sonny Boy Lane, whose 5-year-old German shepherd, Jake, was killed by a single shot after the deputy reported that the animal lunged at him.

"We called them because we didn't want to lose an animal and it turned into a catastrophe," Holst said.

Family members contend that Jake was shot when he wasn't a threat, but was hunkered down holding his ground 10 feet away.

The deputy reported that the dog, which weighed more than 80 pounds, was only two feet away from him, snarling, barking and about to strike.

"At approximately two feet, I had no choice but to discharge my service weapon to protect myself from being bitten by the K-9," Deputy Michael Buenting wrote in his incident report. "The K-9 received one wound to the top of the head and immediately fell to the ground."

A Sheriff's Office spokesman said all signs point to the deputy following proper protocol, firing in response to danger and when an attack became imminent.

"We didn't see where he did anything wrong," said sheriff's Maj. John Clark, who added that the investigation is ongoing and will include an internal-affairs examination of the shooting site.

Clark also confirmed that Sheriff Al Cannon met with family members Tuesday to hear their concerns.

The incident unfolded May 25 after Gretchen Holst called the Sheriff's Office for help. The family had been having an ongoing problem with a neighboring family allowing its dog to get inside of the Holsts' electric fence.

"They were careful to inform the Sheriff's Department that their call was not an emergency," said Mike Gruenloh, the family's attorney.

The primary concern was the family's two adult German shepherds -- Jake and Sasha -- and their recent litter, Gruenloh said. Buenting arrived about 20 minutes after the family called, Gruenloh said.

According to Buenting's incident report, he drove into the driveway of the Holsts' three-acre property, where he saw a man escorting three large dogs to the backyard.

A woman later identified as the dogs' owner, Gretchen Holst, was holding her hands up in the direction of the deputy.

After the dogs were out of sight, Buenting reported, he got out of his cruiser and prepared to speak with Gretchen Holst. He then saw one of the large German shepherds running toward him "viciously barking."

"Several times Holst yelled at the K-9 to stop as the responding deputy backed up toward his patrol vehicle," the report states.

The deputy gave several "stop" commands, as well, but the dog came "extremely close" and continued to bark viciously, the deputy wrote. He drew his service weapon and repeated his halt commands.

The dog continued approaching, snarling aggressively, he wrote. That's when Buenting said he fired.

The family's version, as relayed by Gruenloh, is that Gretchen Holst tried to signal Buenting to wait in his patrol car while her son was putting away the family pets so the family could talk to the deputy about the problem with the neighbor.

"Unfortunately, he continued to drive directly up to the family's house and exited his vehicle before the family had a chance to put Jake and Sasha safely in the back," Gruenloh said.

Jake reportedly became startled by Buenting's cruiser radio, Gruenloh said, and circled back, barking at the deputy.

"While Mrs. Holst was moving forward to secure Jake, Deputy Buenting drew his pistol and fired a single shot into the head of the family's pet, killing it," Gruenloh's account said.

"It was just a senseless, unnecessary use of force," Gretchen Holst said. "It cost us something very dear to us. Jake's not there to greet us in the driveway every day. And I was within 18 inches of the officer when he fired the shot."

Her husband said he thinks the deputy panicked and used poor judgment.

Gruenloh took issue with the deputy's version of the shooting. He said witnesses reported that the dog was as much as 10 feet away when it was shot. "Jake was hunkered down on his back legs, holding his ground and doing exactly what he was supposed to do, barking at a stranger," Gruenloh said.

An autopsy performed by the family's veterinarian found that Jake was shot in the top of the head, Gruenloh said. "Had the dog been advancing on the officer it is more likely that its head would have been up in an attacking position rather than down."

Buenting remains on duty after the shooting, and that is one of several points Gruenloh said the family wants addressed by the Sheriff's Office. They also want deputies to be better trained on how to respond to animal issues, and they want compensation for their loss.

"I think the officer used very poor judgment," E.L. Holst said. "I am heartbroken, devastated over what I've lost."