"It's kind of scary to know that there's someone walking your neighborhood, we live in a nice quiet neighborhood, carrying a 9mm weapon that they're pretty free to fire," said Werner.
Henderson Animal Control says the dog being attacked was much smaller than Biscuit and also needed medical treatment. After being shot Biscuit retreated home.
"Biscuit actually ran to my son and just kind of fell at his feet and was bleeding profusely. My son just laid down beside him. He thought he was going to die," said Werner.
This wasn't the only time Biscuit was aggressive with this particular dog. On another occasion Biscuit attacked the dog, but the fight was broken up before either was seriously hurt. "Knowing there was that small altercation why would you continue to walk your dog twice a day in my backyard basically," said Werner.
Because the neighbor walked his dog on public property and was responding to a threat the Henderson County Commonwealth Attorney will not press charges. Instead Werner is facing a fine from animal control for breaking the leash ordinance.
"I'm fully prepared to pay my citation if that's what I need to do, but on the other hand I feel like justice needs to be served to the shooter," said Werner.
We were unable to reach Werner's neighbor. Henderson Police have closed this case and no charges will be filed.
Copyright 2017 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.