A police officer who fatally shot a donkey during a late-night search for a missing juvenile in Polk County will not face criminal charges, according to a review conducted by the Tallapoosa Judicial Circuit District Attorney’s Office. District Attorney Jaeson Smith recently released findings from an investigation into the Aug. 30 incident involving a donkey known as “HeeHaw,” concluding that Cedartown Police Officer Trenton Garner acted within the law when he fired a single shot while officers searched for a child believed to be in danger.
The incident occurred during an extensive overnight search after a juvenile was reported missing and possibly suicidal. Law enforcement officers, assisted by thermal-imaging drones and a bloodhound team, were following a trail through a pasture when they encountered the animal.
According to the district attorney’s report, officers initially attempted to move away from the donkey as it approached. Investigators determined the animal continued advancing toward officers and came within close proximity of one deputy before Garner discharged his weapon.
A key issue reviewed during the investigation was the animal’s temperament.
While the donkey’s owner told investigators the animal was friendly and accustomed to running toward people, the report noted multiple interviews with individuals who described previous aggressive encounters involving HeeHaw.
One witness reported that the donkey had previously charged him, forcing him to climb a fence to avoid being injured. The same individual also claimed the animal had bitten a child during an earlier incident.
Another witness told investigators the donkey had exhibited aggressive behavior in the past, including biting, kicking and jumping at people working near the property.
Those statements factored heavily into prosecutors’ evaluation of the case, particularly in determining whether officers could have reasonably perceived the animal as a threat at the time of the encounter.
The district attorney’s report concluded that officers were conducting a legitimate search for a missing juvenile under emergency circumstances and that Garner’s actions were based on his assessment of an immediate danger to fellow officers.
Body-camera footage reviewed during the investigation reportedly showed officers backing away from the animal before the shooting occurred. After the incident, Garner was also heard expressing regret over what had happened.
The decision closes the criminal review of the case, although the donkey’s owner and her attorney have continued to dispute the conclusion, maintaining that HeeHaw was not dangerous and arguing the shooting was unnecessary.
The owner of Heehaw raised over $167,380 through a Gofund me account following the shooting. HeeHaw’s owner, Hannah Michelle Israel, has also filed a lawsuit against the officer. Israel alleges officers entered her fenced pasture without a warrant, permission, or legal justification while searching for a missing child. The lawsuit raises federal civil rights claims involving unlawful entry onto the property, unreasonable seizure and destruction of property, and deprivation of property without due process. Israel is seeking compensatory damages, punitive damages, attorney fees, and a jury trial.
As of late October, Garner had asked the court to dismiss the lawsuit, arguing that he is protected by qualified immunity because he was acting within the scope of his duties and reasonably believed the donkey posed a threat to another officer.
