Fayetteville Family Remembers Dog Shot By Deputy

Posted on: 4:58 pm, December 26, 2013, by , updated on: 10:18pm, December 26, 2013

A deputy in Fayetteville killed a dog last week with five shots after the animal attacked him while he was serving a warrant to a suspect, according to the Washington County Sheriff’s Office.

While the Sheriff’s Office determined the deputy followed proper protocol during the shooting, the family told 5NEWS they disagree and miss their pit bull named Duke.

“He was one of us. He was a part of our family. He even got a present under the tree for Christmas, just like my children did,” said David Green, the dog’s owner.

Deputy Cyrus Behnia was attempting to serve a warrant Dec. 18 at 4080 Wyman Road to a woman who had allegedly not showed up to her court-ordered community service, when the tan pit bull came out from around the corner of the home, according to Behnia’s report to the Sheriff’s Office.

“The dog stopped and began growling and rutting at the ground. The dog began running in my direction, continuing to behave very vicious,” Behnia states in the report.

After commands to the dog to stop went unnoticed, “I fired three shots, striking the dog in the head and body,” Behnia states.

Five people in the house came out and started comforting the dog, who was still alive. The dog’s owner asked the deputy to shoot the pit bull again “to put it out of its misery,” said Deputy Kayla Cone, Behnia’s partner at the scene.

Cone said Behnia shot the dog again, “but it continued to make moaning and gasping sounds, so an additional fifth and final shot was taken before the pit bull deceased.”

“I walked out there and said my goodbye, and I had blood all over my pants,” Green’s nephew told 5NEWS.

A neighbor called 911 during the shooting and told the dispatcher she heard several people yelling, including a woman who still had not stopped screaming. Another person called 911 to report that the dog had been deemed vicious before, and he saw the dog charge at the deputy, according to the Washington County Sheriff’s Office report.

The deputies had been attempting to serve an arrest warrant to Cynthia Green after she allegedly did not show up to her community service. After the dog was killed, deputies decided not to serve the warrant, and instead wanted to give the woman time to bury her dog, the report states. Green agreed to come to the jail the next day to settle the community service issue, Behnia’s report states.

No one, other than the animal, was hurt in the incident, Behnia said.

“He knows their (the dogs’) personalities, and he knew he could tell if Duke was vicious. But he wasn’t,”  said Joyce Green, David Green’s mother. “He would never harm no one.”

Joyce Green witnessed the shooting and does not agree with how deputies handled the situation.

The Washington County Sheriff’s Office policy on deadly force allows a law enforcement officer to discharge a weapon “to destroy an animal that represents a threat to public safety, or as a humanitarian measure where the animal is seriously injured.”

“I don’t want to see the officer get fired,” David Green said. “I would just like them to look at some other way of handling things, but something safe for them of course.”


  • Traveler says:

    Deputy “That”?????? Crack a book

  • Sarah Sexton says:

    I am not even going to start about the fact the Officer came in to the dogs “home”…but the officer is such a crappy shot it took 5 to put the dog down? Pathetic excuse for a human.

    • troy green says:

      The dog was a good dog very good dog! Funny thing is this cop has been there before and pet the dog . even said he ownse a pit him self. Its sad how duke the pit was not attacking him. Let us see ur dash camara and get the truth. God bless you duke we love you .

  • anna moore says:

    The dog grew up around many children! Was harmless! Also grew up around a lot of family he was a big baby! He was like Mr, Greens child! It’s all in how you raise a animal and that dog was playful and gentle. And they failed to mention this was done at an elderly couples home in front of a 12 yr. Old who grew up with the dog!

  • ...... says:

    We have a family pit bull, hes one of us. Biggest baby I’ve ever seen. He’s almost 3 years old and has never attacked anything, not Ben another dog. Pits are pets to! They are not mean or VIscious dogs.

  • Hey Deputy, what is the Pepper Spray for? …I have seen the U.S Mail using it on dogs all the time.

  • russ says:

    if the cop been there before and knew the dog why didnt he taz the dog these cops are just chicken shits

  • scott says:

    Was the dog on a leash? Fayetteville has an ordinance which means that dogs should not be out running free. Sorry about the dog.

  • Gary Brown says:

    officer behnia isn’t a hothead and I seriously doubt he shot this dog to “get his rocks off” I don’t know the situation here but I do know behnia and he wouldn’t do that just to shoot his gun. whatever the situation pray for everyone involved. at least he was nice enough to not serve the warrant and let the person bury their dog.

  • !!!!!!! says:

    It was not in city it was in the country on 3:acres of land up on a hill! That’s why washingtom co. Sent deputy come out to serve warrant a instead of Fayetteville city!

  • steve says:

    Do your community service like you were supposed to and you’ve still got your dog. Learn some responsibility! I’m sorry the dog is the one who ultimately had to pay the price.

  • 8track says:

    A human life is ALWAYS more important then a dog…PERIOD

  • velda swinford says:

    we had a pit that was a sweet heart he would protect the ones he loved but mom could say pete come here and would sit by her side the water and electric people were scared of him till he licked their hand i hate that pits are labeled they act how they are cared for

  • Danny Bailey says:

    If it wasn’t inportant enough to take her into custudy, then it wasn’t important enough to go there, and they didn’t take her to jail.

  • tanner davis says:

    ive been around that dog sence i was three years old. i knew that dog before he was david’s dog. i have never seen him hurt anyone or anything and the cop could have tazed him or used pepperspray. and to kill him infront of “that kid” (whose name is cc, is wrong. he was a good dog and that cop shouldve thought about it before he did it.

  • Christa says:

    People need to learn responsibility, the officer was doing his job. The lady didn’t do what she was suppose to do. You cannot tell me that all 5 people in the house couldn’t hear anything outside. Regardless, the officer gets blamed; I guess he should have let the pit bull attack him since everyone seems to think the dog is more important then his life! Pits can be a good dog, but they do protect what is theirs.

  • Mark Smith says:

    “He would never hurt no one?” This is a double negative meaning the dog would. Hurt anyone. Crack a book. Learn grammar, responsibility and critical thinking. Crack a book!

  • AGT C says:

    So if the dog was loose and ran around the house did the owner let the dog out thinking it was funny to see the cop run until all went wrong?It’s just an assumption like people saying the cop enjoyed shooting the dog.This is the fault of the criminal that failed to show up to do their service! Next time show up and do your time and maybe stuff like this wouldn’t happen.It’s called common sense.

  • Just cause your look into your own officer does not mean he didn’t break protocol police lie all the time. though if the women went to her court date as she was suppose to they would of never been on property. I find it insulating that there own stations invesgates there own people.

  • Mark Smith says:

    Correction… A HIGH percentage.

  • marty says:

    Son, you are so misguided by your young brain thay you are shuting out the potential wisdom that could make you s omeone that people might listen to. Can appreciate your passion of texting words but you need to slow it down…too much blowhard & not near enough of experience of the subject of dogs. You know nothing of dog breeds….cant argue out of ignorance of subject.

    • Mark Smith says:

      Marty what’s sad is you ASSume I am young, haven’t cracked a book on “intelligence” and know nothing about dogs. I am 50 years old, have an MBA and worked for a vet when I was young. Out of 10 dogs the practice was ordered to put down for viciousness, 9 were pits – Son.

  • marty says:

    Son, your way into your own narcissic Young brain that you do not hear & learn…what is this “Crack a book” from someone whom has obviously never cracked one of intelligence, much less of the subject@ hand.

  • mahhn says:

    looks like a typical roid rage. These drugs should be banned from anyone that is in a position with a gun. The abuse of steroids is so evident by violent people in LE. Almost every case where a cop goes on a nutty and beats someone to death or shoots for no “reasonable” reason the office is so muscle bound it’s quite clear he is a drug abuser, it effects their mind. Who wants gun toting emotionally waked out people supposedly protecting them. Give me a level headed cop any day that’s not under the influence of drugs, and I’ll show you a respectable man.

  • Bobby says:

    dog bite victim and dog bite statistics
    In the 8-year period from 2005 to 2012, pit bulls killed 151 Americans and accounted for 60% of the total recorded deaths (251). Combined, pit bulls and rottweilers accounted for 73% of these deaths

  • Tasha says:

    Why do you even leave a comment about a breed you obviously know nothing about. It is not a fact that pit bulls have killed more people then any other breed it is a fact that Pitbulls get reported more then any other breed. I’m sorry that you are uneducated and I ask you to go and get educated before you speak about something you know nothing about. I would tell you to adopt a pit but I don’t think your privileged enough to even be near one!!

  • Wilma says:

    Well said Tasha!

  • Bobby says:

    So pit bull bans around the country are for no reason? Please educate us so we can earn the privilege to be around them.

  • Tasha says:

    It’s not pitbull bans it’s BSL so go look that up to educate yourself. It’s never just one breed that’s just the breed people like you like to talk about. Go look into what breed passed behavioral test and you will see what breed (not Pitbulls) is at the bottom and whom is almost the top of the list! Pits get more bad publicity because they are used for dogfighting so instead of discriminating them and putting them down for something they have no control over why don’t y’all the ones that have no idea and not educated go and start trying to help them out by getting educated and help this breed! Shame on you for ever even blaming a voiceless being. If you can be a grown up and put down something that has no voice or no say then your just a bully. Would not want to be and your presence.

  • Mark Smith says:

    Tasha, how many tattoos do you have? What’s your criminal record like? Smoke pot? Live or ever lived (or shacked up with anyone who did) live in a trailer? If you were a lawyer, doctor, judge or of some respectable profession, your opinion might carry weight. Oh, that’s right, no respectablepperson with common sense would own a pit because they have common sense and don’t have anti-social tendencies. Crack a book!

  • Richard says:

    Mark Smith your ignorance knows no bounds. Just because you have the ability to speak eloquently DOES NOT excuse the fact you are a simpleton told what to think by the media! Your sheer stupidity with regards and references to drug dealers and people with tattoos is astounding. First off I am a US ARMY veteran, a successful business owner and my wife is a registered respiratory therapist for the nations #1 children’s hospita, Children’s Hospital of Los Angeles. Not to mention we own several pieces of commercial property as well and are the proud parents of three children ages 17,16 & 4 all of which have been raised around Pit Bulls their whole lives. I have well over 20+ years experience with this breed as well. But I’m almost certain you’re one who believes every thing you see on tv. Just because you worked at a vet it DOES NOT make you the foremost expert on dogs no more than me being prior military makes me an expert on all things military.

  • Bobby says:

    Tasha ,when the meth wears off, do a search on pit bull bans in the us.

  • marty says:

    Mark, The officer prob. did what he had to do but what Tasha is saying is absolutely true. All you can do is attack her & make vitriolic assumptions about someone you dont know. Thats what people with very little education do when they cant win an argument using fact based logic.

  • dancingintheraine says:

    No respectable person would own a pit bull? Which of the roughly 13 breeds of dogs classified by the media, law enforcement, and idiots were you referring to? I don’t party, have never used drugs, work hard, and own a bully mix. He literally has traveled the world with us and the US Mil. The fact of the matter is that police officers have been slaughtering our pets for decades, using the excused that it charged me, or it was a pitbull. And now that people are filming everywhere, there is unequivocal proof showing that a high percentage of law enforcement lie and are not trained to use anything but lethal force. Here in El Paso 2 brothers fought a cop to prevent the shooting of their dog. We are an armed house. I would never call the cops to my house out of fear of the trend that has been established in this country by badge wearers. Wrong house raids? Chasing criminals through clearly marked and contained yards? I will defend my dog, no matter the cost… his life is worth more than an individual who has violated my property.

  • Andrew says:

    You are a sick person

  • Mark Smith says:

    Marty, MBA here. And your level of education? Fact: The breed has a reputation. People who ignore this fact are either moronic for not knowing this or knowing it and choosing to ignore common sense. Reputations are not created without some truth to them. You don’t hear about the lethality of freesbys – why? I’m sure someone in some freak accident has died where a freesby was involved and yet, freesbys are not banned in some communities. Why? It takes repeated occurances for a reputation to be built – especially nationwide! FACT: the whole “You don’t know me” line of argument was made popular by the Jerry Springer show and largely adopted by the class of people who were so easily entertained by such idiocy or by those of the same ilk such as yourself. Crack a book!

  • Mark Smith says:

    Dancing… Your assertion that a percentage of police lie demonstrates a clear lack of critical thinking that parallels a true lack of education. Yes, given the rise in technology, police wrong doing has been documented. However someone who has taken a basic statistics class would clearly understand the error in your reasoning. Look up or Google the significance of sampling in statistical analysis and you will learn something. Also anyone who would “defend at any cost” when human lives are involved is a mere ignoramous. And by the way, I don’t have to know you to come to thiscconclusion. Your words speak volumes about you. Crack a book!

  • Mark Smith says:

    Correction… A HIGH percentage….

  • Bobby says:

    pit bulls are the reason why the BSL was enacted.

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