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Dog seized after being shot by Erie County deputy is coming home

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Updated August 12 10:50 p.m. Lady is now back at home where she belongs.

A dog shot by an Erie County Sheriff's deputy will be coming home, WIVB reported August 12.

This Examiner article detailed the tragedy, where Lady was shot on July 23 as police were searching for someone who never lived at the residence.

Lady suffered a severe injury to her head when Erie County Sheriff's Officer Greg McCarty made the decision to shoot the family pit bull, and received 60 stitches to close the wound.

According to Scott Zylka with the Erie County Sheriff's Office, Officer McCarthy had the right to shoot Lady when

“The dog continued to charge and when he was within three feet of the detective, it lunged at the detective and that’s when he discharged his weapon."

More than a week later, Lady was seized, and a court date set for 5 p.m. August 12 to discuss the case.

A few dozen supporters showed up in the effort to have Lady released from police custody. Only 20 people total were allowed to enter the courtroom, where the case was presented to Judge Gene Heintz.

At one point Matthew Albert, the attorney representing Megan L. Shimburski, was taken into custody when he called on witnesses after Judge Heintz told him he couldn't call any witnesses to the stand.

Matt was able to get Greg McCarthy to admit on the stand that he's responsible for the shooting deaths of several dogs. He was also able to have a friend of the owner testify Lady was "mild-mannered" and never showed aggressive behavior.

Judge Heintz would't allow a defense case, and wouldn't consider the Facial Insufficiency motion, and deemed Lady a dangerous dog without allowing any defense witnesses.

An update by Buffalo News reported the owner's mother was denied the opportunity to testify because she was in the courtroom during previous testimony.

It was then Matt actually asked the judge how much he was being paid to not allow him to present his case. When asked Judge Heintz what authority he had to refuse him the right to present a defense, the judge didn't have an answer.

Matt has since been released from custody, and Lady is coming home tonight. The Facebook: Justice for Lady page stated

"Never in the history of the practice of law has something like this happened. This is a complete miscarriage of Justice."

There are some conditions that must be met, in order for Lady to come home

*Lady has been deemed a dangerous dog, and the family must hang signs saying so on their property
*Lady must be on a leash when outside that is being operated by someone 21-years-old or older
*Lady must be muzzled when on public property
*The family must also have certificates of her vaccinations

Dog lovers are pleased Lady will be sleeping in her own bed tonight. This battle isn't over, and the family of Lady made that fact clear in closing remarks on their Facebook page late Tuesday night

"It has been a long and very trying day for everyone, including all of you who waited for answers.

This fight is not over. Next steps are in discussion but will not be picked up until tomorrow at the earliest.

We saw the BLM back down in Nevada and Erie NY may be the next playing field. We have to do everything possible to shine a light on these cockroaches that corrupt OUR REPUBLIC!!

We will need your help to do this. Remember that our Founders gave us all a responsibility. That responsibility was to defend the republic and we as Americans must take this seriously.

How many more of these stories can you take before you either break or just quit caring? We either take a stand now or just give up and put our chains on."

This is one of the most bizarre cases to date, and will be updated over the next few days, as more information is made available.

For more dogs shot by police articles, click here.

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