Ohio. Again. According to Fox 8 in Cleveland A family is grieving the loss of their dog after an off-duty police officer shot it, and authorities said it’s legal. It happened after the family said the dog ran away from a home in Ashtabula County’s Cherry Valley Township on May 29. Rebecca McClure has a four year old son with Sensory Processing Disorder. She adopted a German Shepherd mix from a shelter and he became a therapy dog for her son. Toby was being watched by relatives at their home when a thunderstorm frightened him and he escaped from a kennel. Hours later he was found dead down the street, shot in the backside. “It’s too hard to believe that someone would shoot him. He’s nice; he’s never going to hurt somebody. He has a collar on him. It’s not possible,” McClure recalled thinking when she got the phone call. The cops said that an off-duty cop shot Toby, claiming he growled at his kids and attacked his dog. He also claims he fired a warning shot into the air and when Toby wouldn’t retreat he shot him in the back hip. McClure finds that questionable because Toby is fearful of noises and men. “Animals have fight and flight. He’s not a fight. He’s a flight, completely. I can’t even see him being agitated to do that,” she said. According to Fox 8 Ashtabula County Prosecutor Nicholas Iarocci said the shooter will not face charges, as Ohio law allows someone to kill a dog if it trespasses onto their property and threatens people or other animals. He said the case had few witnesses; only the shooter and his family. “Unfortunately, from the way the law is written, there is nothing from a criminal standpoint that can be pursued in this case,” he said. The only reason McClure even knew what had happened was because Toby was chipped and animal control was able to contact her. The officer declined to comment.