TO:  James Montoya, El Paso District Attorney
           Rodney Scott, CBP Commissioner
           Ken Paxton, Texas Attorney General

On September 9, 2025, a U.S. Border Patrol agent entered a private home in El Paso’s Upper Valley and shot and killed Chop, a six-year-old dog who had been secured, unarmed, and no threat to anyone.

Chop’s owner, Seth Daw, cooperated with the agents at every step. When they asked to search his home, he agreed — but first secured Chop in the bathroom for everyone’s safety. He showed the agents exactly where Chop was and told them plainly: if they needed to search that bathroom, to let him know and he would move his dog first. He then stepped outside to retrieve his ID from his truck.

While Mr. Daw was outside, one agent separated from the group and went back into the home alone. Moments later, Mr. Daw heard a gunshot. Chop had been let out of the bathroom and shot roughly eighteen feet away, as he moved through the home. It took about forty-five minutes for Chop to die. Mr. Daw held him as he died.

The agents were acting on an anonymous tip. No one unlawfully present was found in the home. No illegal activity was found. A family’s dog was killed, and the agent who fired refused to identify himself.

This was not self-defense against a charging animal. The physical evidence — the distance, the location of the blood, the inward-opening bathroom door — is inconsistent with that account. This conduct may constitute cruelty to a non-livestock animal under Texas Penal Code § 42.092.

We are calling on El Paso County District Attorney James Montoya to open a criminal investigation and to bring appropriate charges if the evidence supports them. A federal administrative claim has been filed and a federal lawsuit is being pursued — but only the District Attorney can pursue state criminal accountability.

Sign to demand that this killing be investigated, and that no family has to bury their pet because a federal agent opened a door he was told not to open.

#JusticeForChop

WHY THIS MATTERS

Chop was a seven-year-old dog who had lived with Seth Daw since he was a puppy. Those who knew him describe him as friendly. He had never been the subject of any complaint to animal control or health authorities.

His owner did everything asked of him. He cooperated. He communicated clearly. He protected everyone on the scene by securing Chop before agents entered — and told them exactly how to search safely. That cooperation ended with a gunshot and a blood trail through his home.

CBP use-of-force incidents have drawn increasing scrutiny nationally. This case shows that when accountability is absent, the consequences can reach into private family homes.

Congresswoman Veronica Escobar has written to CBP leadership demanding answers. The family’s attorney, Marisa A. Ong of Singleton Schreiber, has called this a serious abuse of power. A federal administrative claim has been filed, and a federal lawsuit is being pursued. But a federal civil case cannot deliver criminal accountability — only the El Paso County District Attorney can do that.

Texas Penal Code § 42.092 prohibits cruel treatment of non-livestock animals. District Attorney James Montoya has the authority to investigate and, if warranted, prosecute. We are asking him to use it.

The agent must be held accountable.