Dog owner files claim after deputy shoots animal

TETON, Idaho – An eastern Idaho man has filed a tort claim against Teton County, claiming a sheriff’s deputy arrived at his house, told him his dog had bitten someone, and shot the dog three times with a rifle.

The dog survived and is recovering.

The claim filed by Leo Barboza is a precursor to a lawsuit if the two sides can’t settle.

The deputy, Joseph Gutierrez, has been suspended while an investigation is being conducted, the sheriff’s office said.

“Conduct like this should not happen here,” said Barboza’s attorney, Joshua Garner. “This has injured my client physically and emotionally. We intend to seek recourse.”

Garner said that on Nov. 12, Gutierrez came to Barboza’s house and told him the dog had bitten someone. Garner said no proof was given, and that Barboza felt he needed to comply. Garner said Gutierrez then shot the dog three times, once in the head and then twice more.

Garner said Barboza’s 3-year-old son came out of the house after the first shot and witnessed the second two shots.

After the dog was shot, the family took Barboza’s father-in-law to the hospital with what they described as a panic attack, Garner said.

When they returned they found the dog was still alive and had crawled onto the porch. They took the dog to the vet.

Idaho law allows a dog one bite without consequence, but after a second bite, a court can order a dog be destroyed.