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And he said, 'I'm not touching that dog.'"įrey's lawyer responds, "The dog was no longer a threat. With Huck bleeding on the ground and unable to move, Anna Henry and Frey's wife ask the sergeant to put the dog out of its misery.Īnna Henry remembers, "Jenny, his wife said, 'Nick, you have to help him,' and I said, 'Please, Nick,' because I wanted the dog euthanized. Madeline Liebreich told the I-Team, "So, it's pretty comical that he's now deciding to argue that he was acting in self-defense because that's a little hard to do when the dog's running away from you." The Henry's attorney says that shows the dog was a significant distance from the sergeant and did not fall at Frey's feet when shot. Frey then takes seven steps ending to the right of Huck. You can see where the dog goes down on the video. Frey moves to the right out of the way, takes his shooting stance, fires three shots. Anna Henry has Huck on the leash heading back home he turns and takes off in this direction after another chicken. Martin said, "If the dog is now moving toward you, is charging after you after it's broken free from its owner and after the dog is shot, falls pretty much at your feet, what's the logical inference to draw from that?"īut, the Henry family lawyer disputes that, pointing to the same video.
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The dog viciously and ferociously lunged at him in a split second towards him."īerry Wilkinson tells ABC7 Frey gave his neighbors the chance "to try and capture as well as control the dog." The attorney has worked with police practices expert Jeff Martin, who analyzed the video and claims it shows the dog charging Sgt.
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The I-Team's Dan Noyes spoke with Nick Frey's attorney.ĭan Noyes: "Why didn't he just grab the leash?"Īlison Berry Wilkinson: "I think you're asking for a superhuman effort there. Nick Frey: "But, Anna, I felt threatened." 'He went for me.' I said, 'No, he didn't. And if I had, you know, probably five more minutes, I could have had him on the lead."Īnna Henry: "I said, 'Why did you do that?' He said. Phil Henry: "You could use a broom, you can use a hose of water. The Henrys wish Frey had not used lethal force so quickly. The dog takes off toward the wounded chicken pulling Anna to the ground. MORE: NorCal sheriff orders raid on Indiana Batmobile garage, allegedly as favor for friend I immediately apologized profusely and said, 'I'm so sorry, I will replace the chickens,' and I got the dog on the leash but I just had hip replacement surgery and I fell and the dog went back to a flapping chicken that he hadn't killed yet." But, there's not enough time.Īnna Henry told us, "I was right there. Frey yells to her, "Those are my children's birds!"Īt the same time, Phil Henry is pulling up with the trunk open on his SUV.