Georgia officer who shot HeeHaw claims he is immune from being sued over donkey's death in new motion

A Georgia police officer facing a lawsuit for shooting and killing a family's beloved pet miniature donkey has asked the judge to drop the case, arguing that he is immune from prosecution.

In a new motion to dismiss, Officer Trenton Ryan Garner and his attorney argued that he is protected by the legal doctrine known as qualified immunity, which shields officials, including police, from lawsuits for money as a result of things they do in the course of their job.

Garner shot HeeHaw the donkey shortly after midnight on Aug. 30 while officers were helping search for a missing 12-year-old girl in Polk County.

In a body-camera video obtained by CBS News Atlanta, the donkey is seen galloping toward the officers, who try to back away. After the shooting, Garner is heard telling dispatch: "Firearm discharged at a donkey. It was trying to attack us in the pasture and on the track." 

Garner wrote in his incident report that another officer activated a Taser's electrical arc to try to scare the donkey away, but HeeHaw continued approaching. Garner said he fired once, and the donkey turned, moved uphill, and collapsed.

HeeHaw's owner, Hannah Michelle Israel, alleges officers entered her fenced pasture without a warrant or permission and shot the donkey without provocation. Her legal complaint against the officer describes HeeHaw as "young, small, and tranquil" and says he "posed no threat," according to Garner's filing.

While Garner's original motion to dismiss argued that he reasonably believed the donkey posed an immediate threat to another officer, the new motion filed on Monday argues that no federal or state law required him not to fire a shot.

"Officer Garner was on duty, on a police search, when he fired. That is discretionary authority," his brief reads.

The motion also argues that the shooting was reasonable, and that even if it was a mistake, qualified immunity would protect the officer.

"Officer Garner knew nothing about this donkey. He did not know its temperament or how it treated strangers. He did not know that it was bottle-raised, gentle, or used to children," the motion reads. "The Amended Complaint does not allege that he had ever encountered this donkey before that night. What he could see was an animal of unknown temperament coming quickly out of the dark toward a fellow officer."

Israel's attorney told CBS News Atlanta that they plan to respond to the new motion.