Donkey owner sues after DA clears officer who shot HeeHaw
A civil lawsuit challenges the criminal decision, arguing the animal was not a threat and that officers entered the property without a warrant.
By Sanjay Caldwell ·
HeeHaw will not get a criminal case, but her owner is keeping the fight alive in civil court.
Tallapoosa Judicial Circuit District Attorney Jaeson Smith announced on Nov. 2 that Officer Trenton Garner will not face criminal charges for shooting the donkey. Smith determined that Garner acted reasonably to protect a colleague during an encounter in Polk County.
The incident occurred shortly after midnight on Aug. 30. Officers were searching for a missing 12-year-old girl, who was later found safe. According to Smith's review of body-camera video and witness interviews, HeeHaw approached the group. Another officer used a Taser, but the animal continued moving until it was about an arm's length from Garner. He then fired one shot.
Smith’s report rejected a preliminary assessment from the Georgia Department of Agriculture. That investigator had concluded Garner violated criminal statutes, but Smith argued the initial review missed details about the officers' reasonable fear of injury. Hannah Michelle Israel, HeeHaw's owner, disputes the official narrative. Her lawyer, Solomon Radner, stated there was no justification for the killing and that the fight for accountability will continue.
Israel has filed a civil lawsuit alleging officers entered her fenced pasture without permission or a warrant. The suit claims HeeHaw was shot without provocation. Garner has asked a federal judge to dismiss the case, citing qualified immunity and his belief that another officer was in danger.
Israel's attorneys filed a response on Wednesday asking the judge to reject the dismissal. They argue that HeeHaw showed no signs of aggression, with his head up and ears forward. The filing notes that the officer closest to the donkey stepped aside without drawing a gun, while Garner aimed for roughly two seconds before firing without warning. The lawyers cite a 2024 federal appeals court ruling that limits when officers can shoot domestic animals, stating that the key factor is the threat posed, not the type of animal.
