TOLEDO, OH (WTOL) - A judge has awarded the Toledo Area Humane Society custody of a dog who survived being shot six times in the head and chest.
At a special hearing Friday, a judge ruled Sarge, a German Shepherd police say was caged and shot by his owner and managed to survive, can leave the Lucas County Dog Warden's office.
The dog's owner, 57-year-old Lawrence Mick, was at the hearing and agreed to surrender the dog as long as the Humane Society agrees not to euthanize the animal.
Sarge has been held at the Lucas County Dog Warden's office, which will not adopt him out because he has a record of biting.
The Humane Society says they will test Sarge for aggression.
"We're not going to make a snap decision either. It may take us some time to evaluate him," said Toledo Area Humane Society's John Dinon.
"Dog behavior... is very situational and if we get him into a different situation, we may see some different behavior," said Dinon.
After the testing, he could be put up for adoption, transferred to another agency or they still might euthanize him.
Also, a bullet is lodged in the dog's ear and may have to be removed.
Melissa Compau said she called 911 as she watched 57-year-old Lawrence Mick and 35-year-old Adam Collins shoot Mick's dog.
"The dog did nothing," Compau said. "It was laying there on the ground when they came out and shot it."
Police say the dog was inside his kennel at the time.
Melinda Perry, Mick's girlfriend, said her boyfriend loves animals -- doesn't abuse them.
In fact, Perry says the animal deserved getting shot. "Sarge was not settling down for nothing."
Perry says though the dog didn't bite the men, they couldn't calm him down, so they had to shoot. She claims Mick and Collins tried to secure Sarge's kennel Friday after the dog had broken it.
Perry also says the dog attacked her July 1.
Collins could face more than 18 months behind bars. Since Mick is accused of firing a gun while being a convicted felon, he could face six years and six months.