A neighbor shoots and kills another neighbor's dog after a canine fight between fences

Two weeks have passed since the American Bully named Benito was shot to death in his own backyard in a neighborhood just north of downtown HPD tells us the case remains under investigation.

"They were just tussling through the fence, and I noticed my dog had a hold of the neighbor's dog's paw," said Benito's owner Doohan Escalante.

 "As I try to pull my dog away from the neighbor's dog, I heard the neighbor come out approximately 20 to 30 seconds later. "The neighbor was armed with a gun.

"She said I'm going to shoot," said Doohan "I'm still trying to pull him away she shoots like a warning shot right here next to me then I get startled basically trying to process that I've just been shot at."

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"She takes a second shot and hit him on his left shoulder no exit wound," Doohan said. "Immediately he started howling, crying and limping I had to immediately rush him to the vet."

What did the gun-toting neighbor have to say?

"She went inside she got her dogs, and she went inside," said Doohan who said losing Benito was like losing a best friend.

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Could the neighbor face animal cruelty charges?

"She certainly could she killed a dog when you shoot another person's dog and kill it. That makes the element of animal cruelty, "said Fox26 legal analyst Chris Tritico. "She's going to have the defense under the penal code of defense of property. There's a lot here to unravel, and I don't know if the DA's office is going to take charges on this."

We wanted to hear the neighbor's side of the story. 

No one answered and I left my card.

Doohan has moved his family away,

"We just can't stay here. It's not safe," he said. "I just want justice for Benito. No dog should go through what he did."