CEDARTOWN, Ga. — Cedartown Police Officer Trenton Garner will not face criminal charges in connection with the fatal shooting of a miniature donkey named “HeeHaw” during an August 2026 search for a missing child in Polk County, Georgia, following a review by Tallapoosa Judicial Circuit District Attorney Jaeson Smith.
The district attorney concluded that the available evidence did not establish criminal liability and that Garner’s use of his firearm could be considered reasonable under the circumstances described by investigators.
The decision concludes the prosecutor’s criminal review but does not resolve a separate federal civil rights lawsuit filed by the donkey’s owner, Hannah Israel, who maintains that the shooting was unjustified.
Background: Search for a Missing Child
The incident occurred shortly after midnight on August 30, 2026, while officers from multiple law enforcement agencies were searching for a missing 12-year-old girl near Rockmart, Georgia.
Garner was assisting the Polk County Police Department. The search included K-9 resources and drone support.
During the search, officers entered a pasture where HeeHaw, a young miniature donkey belonging to Israel, was located.
According to Garner’s account, the donkey approached officers in a manner he perceived as threatening. Another officer attempted to deter the animal with a Taser before Garner discharged his firearm, striking the donkey.
HeeHaw subsequently died from the gunshot injury.
Authorities later located the missing child at a nearby church.
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Body-Camera Footage and Officer’s Account
Body-camera footage of the incident was subsequently released and became part of the public reporting and legal proceedings.
The footage shows the donkey approaching officers before Garner fires his weapon. The initial portion of the recording does not contain audio.
Following the shooting, Garner communicated over the radio that he had discharged his firearm at a donkey, which he reported had been attempting to attack officers.
Garner’s legal representatives have maintained that the animal presented an immediate threat to another officer and that the shooting was reasonable under the circumstances.
Israel and her attorneys dispute that characterization, arguing that HeeHaw was approaching officers without displaying behavior that justified deadly force.
The competing interpretations of the encounter remain relevant to the federal civil litigation.

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District Attorney’s Findings
Following an investigation conducted by the Georgia Department of Agriculture’s Law Enforcement Division, District Attorney Jaeson Smith reviewed the circumstances surrounding the shooting.
Smith’s findings, publicly reported in early November, concluded that the evidence did not support criminal prosecution for aggravated cruelty to animals.
The prosecutor’s review considered the perceptions of other officers at the scene, including their reported concerns about serious bodily injury.
Smith concluded that Garner’s actions could be considered reasonable in protecting others and that the investigative evidence did not establish criminal liability.
The findings represent a prosecutorial determination regarding potential criminal charges. They do not constitute a federal court ruling on the constitutional claims raised in the owner’s lawsuit.
Witness Statements Concerning the Donkey’s Prior Behavior
The district attorney’s review also considered statements from individuals who reported previous encounters with HeeHaw.
According to local reporting on the investigative findings, witnesses described incidents in which the donkey allegedly charged, bit, or otherwise behaved aggressively toward people.
One witness reported that the animal had previously bitten a child. Another described an encounter in which the donkey allegedly charged at an individual who sought safety by climbing a fence.
Those accounts were included in the prosecutor’s consideration of the animal’s behavior.
However, the allegations concerning prior incidents remain attributed witness accounts and should not be treated as independently established facts. Israel’s attorneys have disputed claims that HeeHaw had a history of aggression.


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Federal Civil Rights Lawsuit Remains Contested
On September 11, 2026, Hannah Israel filed a federal civil rights lawsuit against Garner in the United States District Court for the Northern District of Georgia.
The complaint alleges that Garner entered her enclosed pasture without a warrant, consent, or sufficient legal justification and subsequently shot HeeHaw despite the animal posing no immediate threat.
Israel is seeking compensatory and punitive damages, along with other relief requested in the complaint.
On October 7, Garner filed a motion seeking dismissal of the lawsuit, arguing that his conduct was reasonable and that he was entitled to qualified immunity.
Garner’s attorneys also disputed the claim that entering the pasture violated the Fourth Amendment, citing legal protections applicable to open fields.
In a November court filing, Israel’s attorneys opposed dismissal and continued to dispute Garner’s account of the animal’s behavior. They maintained that the video evidence did not establish an immediate threat justifying the shooting.
The parties’ competing claims have not been resolved by the district attorney’s criminal determination.
Current Status — November 5, 2026
Based on verified reporting available as of November 5:
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Criminal review: The Tallapoosa Judicial Circuit District Attorney has determined that the evidence does not support criminal charges against Garner in HeeHaw’s death.
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Federal lawsuit: Israel’s civil rights lawsuit remains contested, with Garner seeking dismissal and the owner’s attorneys opposing that request.
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Administrative status: Garner was previously placed on administrative leave. His current employment or duty status has not been independently confirmed.
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Court disposition: No final federal court judgment resolving the civil claims was identified in the sources reviewed.
The absence of criminal charges does not, by itself, determine whether Garner may face civil liability under federal law.
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Frequently Asked Questions
Was Officer Trenton Garner criminally charged for shooting HeeHaw?
No. According to the district attorney’s reported findings, the evidence did not support criminal charges in connection with the shooting.
Why did the district attorney decline criminal prosecution?
District Attorney Jaeson Smith concluded that the circumstances, including the officers’ reported perception of danger, did not establish criminal liability.
Was the donkey captured on body-camera footage?
Yes. The recorded encounter shows HeeHaw approaching officers before Garner fires his firearm. The parties disagree about whether the animal posed an immediate threat.
Has the federal lawsuit been dismissed?
No dismissal was confirmed in the reporting reviewed as of November 5, 2026. Garner has requested dismissal, and Israel’s attorneys have opposed that request.
Does the criminal determination establish that Garner did not violate the Constitution?
No. The prosecutor’s determination relates to potential criminal prosecution. The federal lawsuit raises separate civil constitutional questions that must be addressed through the judicial process.
Sources and Documentation
The following publicly available reporting and legal materials support this article:
The district attorney’s complete original investigative findings were not independently obtained for this article. Statements attributed to the prosecutor are based on identified news reports.
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