Andrews – A man with a history of confrontations with law enforcement is mourning the death of his dog, which was shot and killed by a deputy last week.
A Cherokee County sheriff’s deputy was serving a domestic violence protective order when he was bit by a crossbred pit bull. The officer was serving the order to someone related to Danny Mayberry, who lives in the 2300 block of U.S. 19 Business.
A police report states that a deputy standing outside the property gate was talking with Mayberry, who was on his porch, when the dog ran out of the house and forced his way under the fence. When the deputy backed up, the dog lunged at him, biting him on his right thigh.
The deputy drew his service weapon and shot the dog dead. The police report says Mayberry then rushed toward the deputy and “asked if he was OK.”
Mayberry, however, told the Cherokee Scout a different account.
“I really don't know; it all happened so quick,” Mayberry said when asked whether the dog, Rusty, bit the deputy. Mayberry also claims the dog never escaped the yard.
“He was already shooting when the dog was still under the fence,” Mayberry said.
This is not the first time Mayberry relayed a story to the media that contradicted findings of a police investigation.
In February last year, Mayberry sent his wife a text message seeking help, sparking a five-hour search by police. Mayberry eventually returned home in a drunken state and provoked a confrontation with deputies who had spent considerable time searching for him.
During the encounter, Mayberry threatened to release his dog on a deputy before being restrained by two others as he walked toward the officer. Mayberry suffered a laceration to his face during the subsequent struggle.
After being released from the hospital, Mayberry told a story that contradicted his wife’s phone calls to police, which were obtained by the Scout through a public records request. Before the story was published, the Mayberrys were involved in a crash, resulting in serious bodily injuries. Police found alcohol in the vehicle, and medical personnel found drugs on Katherine Mayberry while loading her into an ambulance.
When speaking with the Scout on Monday, Mayberry admitted his dog has bitten people before.
“He bit somebody on our property, yeah,” Mayberry said.
According to a police report, Mayberry’s dog Rusty, the same one killed by police last week, bit a woman in May 2020. The report says one of Mayberry’s relatives accidentally left the gate unlocked, which allowed the dog to bite the woman five times as she walked past the property.
The police report says the incident last year was the second documented incident where Rusty had bitten someone. Sheriff Derrick Palmer said the department didn’t have the authority to declare the dog dangerous after the second incident because both occurred on the owner’s property.
After that May incident, authorities asked Mayberry to “consider surrendering the dog to the animal shelter,” according to the police report. Mayberry reportedly told them he would keep Rusty inside the house or under constant supervision when outside.