On his 23rd birthday, Greg Sutter held his best friend in his arms and watched him die.

Buddy, a 4-year-old black Labrador retriever, had taken a fatal shot to his side as he and Sutter walked on a rural hillside trail just behind the Stonebriar housing development in El Dorado Hills.

El Dorado County sheriff's authorities say the shooting was justified, that a local rancher – and the son of cattle baron Dan Russell – pulled the trigger because the dog was harassing his livestock. But Sutter contends the motive was much colder.

"This is pretty much straight up murder of my dog," said Sutter, who lives in the nearby Serrrano development.

The younger Dan Russell does not face any charges in the incident, and the case has been closed, said sheriff's Sgt. Phil Chovanec.

"The law is on Mr. Russell's side," he said.

Chovanec did, however, acknowledge the unfortunate outcome and said it left everyone – including Russell – feeling bad.

"We really feel for this kid," Chovanec said. "I feel for everybody involved here."

Efforts by The Bee to reach Russell, who is no relation to El Dorado County Surveyor Dan Russell, were unsuccessful Thursday.

The incident occurred about 6:30 p.m. Wednesday. Sutter said a few months ago he discovered a swath of open land off White Rock Road with a trailhead at a cul-de-sac. He's walked the trail with Buddy dozens of times since, he said.

The trail, well-worn from use, winds up rolling hills and leads to a summit, where a handful of cell phone towers stand. It was there that Russell was mending a barbed-wire fence between the greenbelt and his 1,500 acres.

Some discrepancies remain about what happened in the seconds before the dog was killed.

According to Sutter, Buddy was standing still, sniffing the ground, about 100 feet from the fence when he saw Russell level his shotgun at the dog and shoot him. Sutter said he was about 60 feet behind Buddy when the dog collapsed.

He also said he never saw any livestock around.

Chovanec, however, said Sutter's statement to deputies was that he was just cresting the hill when he heard the gunshot. Sutter did not witness the shooting itself, according to the deputy's report, Chovanec said.

He said the deputy also took a statement from Russell, who said the dog had crossed the fence and chased a colt. Russell said he had tried to call the dog off, but was unsuccessful, Chovanec said.

Russell then said he shot the dog to protect his colt. Because Sutter had not witnessed the shooting, according to his statement on scene, deputies had to trust Russell's version of events, Chovanec said.

Russell also told deputies that in the past he'd had trouble with a stray dog bothering his livestock, Chovanec said.

According to all accounts, the dog was shot on Sutter's side of the fence, not on Russell's land, which he is believed to be leasing.

Chovanec said California law protects ranchers who shoot animals threatening their livestock, and Sutter does not dispute that. But he and his father, Steve Sutter, question whether a Labrador standing 100 feet from the fence would be a legitimate threat.

"There has to be a point at which his fear is unreasonable" and his actions illegal, Steve Sutter said. "It's just needless, that's all. Absolutely needless."

Greg Sutter, his father and his brother, Doug, spent Friday afternoon canvassing the nearby development with fliers warning about the incident.

"Not only do I want this guy prosecuted, I think everybody should be aware of the danger out here," Greg Sutter said.

Residents Kari Risley and Gwen Vendley said they were shocked to hear what happened on a trail they use almost daily. The often walk their dogs off-leash on the trail, they said, accompanied by their families.

"It just disturbs me," said Vendley, holding her dogs Kasha and Kylee. "It could've been us up there with all of our kids."

Chovanec said all dog owners should remember California has a leash law and letting dogs roam off-leash could end in disaster, as it did Wednesday.

He also said residents in the Stonebriar development should stay off the trail until it is clear who owns the land – and whether they are trespassing.

Call The Bee's Kim Minugh, (916) 321-1038. Bee staff writer Cathy Locke and researcher Sheila A. Kern contributed to this report.