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Sheriff: Deputy acted lawfully when shooting pitbull that attacked K9

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COLONIE, N.Y. (WRGB) - "I heard a shot, and then probably seconds later another shot."

Sherman Conlin started recording moments after an off-duty Albany County sheriff's deputy shot Caesar the pitbull on Prince Court.

Deputies say Caesar charged at the off-duty deputy's K9.

Albany County Sheriff Craig Apple says the K9 named Mo suffered injuries to its ear and paw.

Conlin says the shooting isn't justifiable.

"Not all pitbulls are vicious,” he said.

"I just think it's really messed up how everything went down,” says Nicholas Deuel.

Deuel is a neighbor, and knows Caesar. He says the pitbull would never attack anyone.

"It's a tragic experience, " Apple said. "I’m a dog lover myself. I'd hate to see something like this happen."

Apple says the deputy acted lawfully, and doubts that the deputy will be disciplined.

"You can remove this whole police and the K-9 part of it. Even if it was a civilian walking down the street with a licensed firearm, he would have been well within his grounds to discharge a round into this dog if it was biting his dog or biting him,” Apple says.

Apple says it not clear yet whether the owner will face any charges.

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