HOUSTON -

Charges will not be filed against the Houston police officer who shot and killed a neighbor’s dog.

Mark Condon, an off-duty Houston police officer, was walking on a trail with his wife and their two dogs when a Boxer named Gunner got out of his family’s yard.

The dog’s owner, Kevin Fitzhenry, said the dog got out of their fenced-in backyard when his sons went to retrieve a ball that had gone over the fence. 

Fitzhenry's 12-year-old son, Dalton, said the dog got out, wasn't on a leash and was barking at the other dogs, but said he was right there to get him. 

"He pulled out a gun and shot him in the neck at point blank range," said Kevin Fitzhenry. 

In an emailed statement, Condon said, "The dog charged us and attacked me, my wife and one of our dogs. All three of us sustained injuries from the attack, which were documented by the Precinct 4 Constable's Office. I felt that I had no choice but to shoot the other dog to stop the attack."

The Precinct 4 Harris County Constable's Office investigated the incident. The office said Wednesday that charges would not be filed against Condon and that the case was closed.