El Paso man sues U.S. after Border Patrol agent kills dog during 2025 home search

EL PASO, TEXAS (KFOX14/CBS4) — An El Paso man is suing the United States for assault, battery, and trespassing after he says a U.S. Customs and Border Protection agent shot and killed his dog inside his home during an unsuccessful migrant search in 2025.

Singleton Schreiber filed the federal lawsuit on Monday under the Federal Tort Claims Act on behalf of Seth Daw, the owner of the seven-year-old dog that was killed, a Rottweiler named Chop.

As KFOX14/CBS4 previously reported, on Sept. 9, 2025, several Border Patrol agents came to the Daw family residence in the Upper Valley, stating that they had received a tip that migrants were inside and wanted to search.

According to the lawsuit, Daw agreed to let the agents search the home, but first secured Chop in the entryway bathroom, told agents where the dog was for their safety, and asked them to let him know before opening that door so he could move the dog first.

While Daw stepped outside with agents to retrieve his identification from his truck, the complaint alleges Agent Jorge Muñoz separated from the group and went back inside alone. Within about a minute, Daw heard a gunshot and ran toward the house, according to the complaint.

Agents outside grabbed and restrained Daw with enough force to bruise his arms, and Muñoz pointed his firearm at him, the complaint says.

Inside, Daw found blood throughout his living room and found Chop shot in a window nook in the kitchen, according to the lawsuit. Daw then held his dog and tried to stop the bleeding for 45 minutes until Chop died, the complaint stated.

According to Singleton Schreiber, the examination of the home described in the lawsuit documents disputes any suggestion that Muñoz acted in self-defense. The law firm added that the bathroom door where Chop had been secured and no blood was found near it. Instead, it says all of the blood was in the living area and kitchen, roughly 18 feet away, consistent with Muñoz opening the door, allowing Chop to walk out, and shooting him only after the dog had moved well clear of the bathroom.

“Seth did everything he was supposed to do, and an agent still went into a room he had no permission to enter and killed a healthy, harmless animal who had never hurt anyone,” Marisa Ong of Singleton Schreiber, counsel for Daw, said. “Seth hasn’t spent a single night in the home he was renovating and planning to buy since the day his dog was killed there.”

Previously speaking to KFXO14/CBS4, the family also said that none of the agents stopped to help Chop. The family added that when they confronted agents, Border Patrol reportedly told them they were working from an anonymous tip tied to the previous owners of the home, who lived there two years ago.

The family previously shared a video with KFOX14/CBS4 showing the blood trail left through the home.

Blood trail after family claims a Border Patrol agent shot and killed their dog during a search. Sept. 9, 2025. Credit: Chop’s family

The lawsuit alleges the U.S. is responsible for assault and battery, conversion and trespass to personal property, trespass to real property, and negligence pleaded in the alternative.

Daw is seeking compensatory damages for his physical injuries, the loss of Chop, and the value of the labor and improvements he invested in the residence he intended to purchase.

READ THE FULL LAWSUIT:

Meanwhile, according to CBP in Sept. 2025, without offering specifics, CBP said that during a migrant smuggling investigation in El Paso, a U.S. Border Patrol Agent “was involved in a use of force incident” involving a dog.

While CBP previously stressed that it is taking the matter seriously, the agency did not provide any mention of migrants being found at Daw’s residence.

KFOX14/CBS4 has reached out to DHS for comment on the lawsuit.

According to Singleton Schreiber, the lawsuit also follows a formal SF-95 federal claim, which is used to present a claim against the federal government when there is a death, injury, or property damage caused by a federal worker.

The claim, filed by Daw against Border Patrol in October 2025, sought monetary damages and allowed the agency to resolve the matter before litigation. Seven months later, in May 2026, Border Patrol denied the claim “in its entirety,” according to the filing, taking no corrective action and offering the family no accountability, according to the law firm.

The lawsuit was then filed after that denial.

Meanwhile, the incident has since garnered national attention, especially on social media, with accounts like Now This Impact and WeRateDogs publishing posts about the story, with social media users using the hashtag #JusticeForChop. The incident has also led to various calls for answers.

In November 2025, El Paso Congresswoman Veronica Escobar took to social media to announce she had written a letter demanding that the U.S. Customs and Border Protection Commissioner and the Border Patrol Chief provide updates regarding the incident.

In the letter, Escobar asks them to answer six questions:

Has CBP identified what prompted their agent to find and let Chop out of the bathroom where he had been placed for safety?Has CBP identified what prompted the officer to open fire on Chop?Did officers refuse to render assistance once Chop had been fatally shot?What steps, if any, has CBP taken to address this incident with the family?What disciplinary action will be taken against the officer who fatally shot Chop?How will CBP ensure that an incident like this does not happen again?

It is unclear if Escobar received those answers.

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