EL PASO, Texas (KFOX14/CBS4) — An El Paso family is seeking justice after they said their dog was killed by Border Patrol agents, calling the act “senseless, cruel, and entirely avoidable.”

Speaking on behalf of the family of Seth Daw, Attorney Marisa Ong from Singleton Schreiber, said the family wants accountability and transparency after they said that on Sept. 9, Border Patrol agents shot and killed their seven-year-old dog, Chop, during a fruitless search for undocumented migrants in their home.

READ MORE:El Paso family claims Border Patrol killed their dog during search, CBP reviewing incident

In a statement, Ong said,

This is not law enforcement. This is abuse of power.

“Border Patrol agents entered a private home under the pretense of an investigation, took advantage of the homeowner’s cooperation, and shot a restrained, non-threatening dog,” wrote Ong in a statement.

Ong explained that the family is filing an SF-95 federal claim— a form used to present a claim against the federal government whenever there is a death, injury, or property damage caused by a federal worker.

Ong stated that according to the law, the federal government has six months to respond to the claim before the family can move forward with a lawsuit.

In the meantime, the family will continue to seek justice for Chop.

On Sept. 9, at around 7:15 a.m., Border Patrol agents in jeans and t-shirts knock on the door of Seth Daw in El Paso’s Upper Valley.

The agents told Seth they were looking for migrants after they claimed they got a tip.

Seth said he permitted agents to search the house but asked them first to wait while he put Chop, who was a Rottweiler, away in the bathroom.

The family then explained that Seth went to get his ID from his pickup truck, and it is at this point that a Border Patrol agent entered the home and, as a result, ended up shooting the dog.

The family stressed that the agents knew– Seth had told them– that Chop was put in the bathroom for their safety.

However, despite the warning, a Border Patrol agent reportedly opened the door, let Chop out and shot him.

Seth wrote,

I rushed back inside to find [Chop] bleeding on the floor, and he died in my arms after nearly an hour of suffering,

Seth was left heartbroken and said that he tried everything to cooperate with Border Patrol and keep Chop safe.

The family also said that none of the agents stopped to help Chop.

The family shared a video showing the blood trail left through the home.

WATCH:Below is Seth’s full statement: On the morning of September 9, Border Patrol agents came to my home in El Paso, claiming they were investigating ‘alien smuggling.’ I live alone with my dog, Chop, a seven-year-old Rottweiler I’ve had since he was a puppy. I was fully cooperating with the agents and was not doing anything wrong.Before allowing them inside, I secured Chop in the bathroom to ensure everyone’s safety. Despite that, one agent entered the house, opened the bathroom door, and shot Chop. I rushed back inside to find him bleeding on the floor, and he died in my arms after nearly an hour of suffering. I am heartbroken over the loss of my dog, and I want the public to know that I took every precaution to cooperate with Border Patrol and to keep Chop safe.

After the shooting, the family confronted the agents.

The family said Border Patrol said they were working from an anonymous tip tied to the previous owners of the home, who hadn’t lived in the house since 2023.

CBP released a statement regarding the shooting, saying that the agency takes the incident seriously and is reviewing what happened.

CBP’s full statement:On Sept. 9 at 7:15 a.m., a U.S. Border Patrol agent was involved in a use-of-force incident in El Paso, Texas, during an investigation into alien smuggling at a residence. The incident involved a canine. The use of force is currently under review by CBP’s Office of Professional Responsibility in accordance with CBP policies. CBP takes such incidents seriously. We will provide additional information as it becomes available.

Recently, the story has been gaining traction on social media, specially on Instagram and Facebook garnering many “likes” and even the attention of El Paso Congresswoman Veronica Escobar.

In an Instagram post made by Now This Impact, Escobar thanks everyone who’s brought the issue to her attention and said her office is looking into the shooting, promising to held those responsible accountable.

Escobar’s full statement:I appreciate everyone that’s brought this to my attention. My office and I have been aware of this incident involving CBP and an El Paso family’s dog, and have been in communication with the agency.I have requested to be kept informed as they conduct their investigations and will do everything in my power to ensure those responsible are held accountable.

Since news broke out of the incident, social media users have been using the hashtag #JusticeForChop.

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