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  • Clifford

    Clifford

  • Clifford the dog lies shot and bleeding in Commerce City...

    Clifford the dog lies shot and bleeding in Commerce City on Saturday, Sept. 21, 2014.

  • Clifford the dog is carried to a vehicle to be...

    Clifford the dog is carried to a vehicle to be taken to an animal hospital where he later died of gunshot wounds.

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PUBLISHED: | UPDATED:

The Adams County District Attorney’s Office is declining to file charges against a man who shot and killed a family’s dog, after it jumped a fence and attacked his dog.

In a letter to Commerce City police, the District Attorney’s chief trial deputy states that “the evidence is insufficient for prosecution and conviction.”

“I am horrified that this man could get away with this,” said Emily Martinez, whose Labrador retriever mix, Clifford, was killed Saturday night. “How is this possible? There were witnesses who haven’t even been interviewed.”

However, the family of Kevin Burr, the man who shot Clifford, said he was simply trying to protect his dog after Clifford jumped the fence.

“It was a tragic end to something that was preventable,” said Pam Burr, wife of Kevin. “We grieve as well. Our hearts go out to the family. And we want to start healing.”

Read more at The Denver Channel .