Bender and his wife live about a quarter mile off of County Road 36. When the deputy, Mike Daly, pulled up to the home he was met by their two dogs.
"The assessment was that these dogs were not an immediate threat." Rogers said. "So he got out of the car, closed his door and started approaching the building. At that point they became aggressive and he felt the need to take that deadly force action."
The officer's dash cam catches most of what happened. WSBT submitted a Freedom of Information Act request to obtain that footage. So far the department has denied that request, but did allow a reporter to watch the video.
It shows the officer driving up to the house where two dogs run to his car. Off camera you can hear the officer talking calmly to the animals. You then hear the dogs growling and barking. The next thing you see is the officer in front of his squad car and a dog jumping in the air as he kills it.
Josh Bender also watched the same video. He says despite how police interpreted the footage, his dog was just trying to play.
"That's just something that he did when he saw a stranger, he just wanted to play." Bender said. "He was barking and what not and I realize it may have looked vicious, but he never had a chance."
Bender says his dog never had any problems with aggression before.
The sheriff admits mistakes were made in determining the demeanor of the dogs, but still says the quick action taken was the right thing to do.
"The officer made an assessment that was inaccurate and the officer himself, if he had to do it over, I know he wouldn't have gotten out of the vehicle," Rogers said.
"They're here to protect and serve us, not to come onto your property and think that it's their property and just do what they want." Bender said.
Sheriff Rogers says in light of this incident he is calling for more training for his officers on how to deal with animals.
The officer involved is not facing any disciplinary action.
