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Off-duty Flagler deputy cleared in dog's shooting

EDGEWATER - An investigation has cleared an off-duty Flagler County reserve sheriff's deputy who shot and killed a dog after it chased a cat onto his property.

Charles Russo, 37, said he was protecting himself and his family in the April 8 incident, and the Edgewater Police Department agreed.

But the family that owned 2Kia, a 70-pound, 3-year-old chow, said Russo used excessive force.

"She did not attack him (Russo)," said Amber Marro, 19. "I do not think it was attacking the cat. It was more like she was playing with it."

The shooting happened after two chows, 2Kia and 5-year-old Boo Bear, escaped from their home, chased a neighbor's cat and wound up on Russo's patio.

Marro said she had leashed Boo Bear when Russo came out of his garage with a .40-caliber handgun. He shot 2Kia four times.

Russo said he heard the commotion and a woman screaming outside his front door, and "I thought someone was trying to break in."

He said he saw Marro having difficulty controlling one dog while another was under a patio bench, attacking a cat. Russo said he ordered Marro off his property to prevent being attacked by Boo Bear, then shot 2Kia.

"I needed to stop the threat," Russo said. "I had a 3-year-old son on the other side of that door. If he had opened the door, the chance he would have been attacked was great. Or the dog could have gone through the window."

Police Sgt. Tim Huggins investigated and determined Russo was justified in shooting the canine.

Flagler Sheriff's Office spokeswoman Debra Johnson said the agency won't take up the matter because Russo was acting as a private citizen.

Cat owner Toni Campbell said she is grateful to Russo.

"We are lucky it was not a little old lady walking down the street with her dog, or a kid who was attacked," Campbell said.

She said her pet suffered some apparent nerve damage and puncture wounds and lost a tooth.

[Last modified April 16, 2005, 01:20:07]