LINKEDINCOMMENTMORE

Chapter 822 of the Texas Health and Safety Code says that it is legal for a person to shoot a dog that is attacking or about to attack domestic animals.

Rachel Ries says her neighbor claimed that her dog Toby was in his yard about to attack his cats, but the family says that's not what happened, and they want justice for Toby.

He was laying across here in the back and was bleeding out, Ries' 15-year-old son Isaac Farris said. He used his foot to point to the spot where their dog Toby took his last breath after he was shot by their neighbor.

They say the neighbor told them he got out of the gate and was in his yard when he shot the dog. They say that gate was locked.

We unlock it to go through and that's what I did, and once we go through we relock it and that's what I did. So there's no way the dogs could've gotten out, Farris said.

They have a trampoline in the backyard. It is where the family says Toby was when the neighbor shot the first round.

My dog was on my property. My son saw it. He fired a weapon under the influence of alcohol in my yard. Regardless of why you thought he was doing it, there was no need for it, Ries said.

They say the second shot was the one that hit Toby and that they saw this coming.

He's been making threats to shoot our dogs for quite a while, Farris said.

On April 12, Ries says her neighbor made good on those threats.

When I first saw him, I saw this little bit of red on his fur. I was like, 'He really did it. Oh my God, he said he was going to do it, and he really did it,' she said.

They say Toby died in just a few minutes. Ever since then, the family hasn't felt safe to be outside.

I mean, it's my backyard. I should feel safe but I don't now because of what happened, Farris said.

But support has been pouring in from across the country via Facebook and an online petition to get justice for Toby.

To have all that support, it's great. It reaffirms my faith that not everybody is like my neighbor, Ries said.

Wilson County Sheriff Joe Tackitt said a 12-person grand jury will decide May 9 whether there is enough evidence to move forward with the case and file charges.

KENS 5 tried to talk to the neighbor, but he wasn't home at the time.

Read or Share this story: http://www.kens5.com/story/news/local/2014/06/27/10694146/