Georgia officer who shot, killed HeeHaw the donkey asks judge to throw out owner's lawsuit

Body-camera video obtained by CBS News Atlanta shows HeeHaw the donkey galloping toward officers before a Cedartown police officer shoots him during a search for a missing girl. The officer is now using the footage in a request to dismiss the owner's lawsuit.

Officer Trenton Ryan Garner filed the request Oct. 7 in federal court in Rome, arguing that he reasonably believed the donkey posed an immediate threat to another officer.

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

The shooting happened shortly after midnight Aug. 30 while officers were helping search for a missing 12-year-old girl in Polk County.

The recording initially has no sound. Garner's filing explains that the camera preserved 30 seconds of video before recording was activated, without audio. After the shooting, Garner tells dispatch: "Firearm discharged at a donkey. It was trying to attack us in the pasture and on the track." Officers then continue the search.

Garner's attorney, J. Scott Key, argues the video shows HeeHaw getting within a body length of another officer before Garner fired. He is asking the judge to consider the recording and dismiss all three claims against Garner.

The defense also argues that crossing the pasture did not violate Israel's constitutional rights and that Garner should be protected from the lawsuit because he reasonably believed another officer was in danger. These are the officer's legal arguments; the supplied documents do not include a ruling on the request.

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

Israel told officers she had bottle-fed HeeHaw since he was young and that he had never acted aggressively or tried to bite anyone. In a statement posted by Elsberry Riding and Farm, she described herself as "heartbroken and traumatized" and said she was seeking answers and accountability.

Since the matter remains under investigation, the City of Cedartown told CBS News Atlanta that it will not comment on it.