Federal lawsuit alleges Border Patrol agent shot, killed dog in El Paso home
EL PASO, Texas (KVIA) -- A federal lawsuit against the U.S. government alleged a U.S. Border Patrol agent shot and killed a dog inside an El Paso home last year. Singleton Schreiber, LLP filed the lawsuit on behalf of Seth Daw and said the complaint raises claims for assault, battery, conversion and trespass to property and negligence.
In September 2025, Daw alleged the agent shot his dog while agents searched his home for undocumented migrants.
A month later, Daw filed a formal administrative claim with Customs and Border Protection seeking monetary damages and resolution before litigation, according to the law firm. In May 2026, Border Patrol denied the claim in its entirety, the firm said.
According to the lawsuit, Daw's dog, Chop, was secured in the restroom before the search. The lawsuit said Daw told agents they should let him know if they wanted to search the restroom and he would move Chop.
Daw’s consent to search the residence did not extend to the restroom, documents said.
Agents asked Daw for his ID, which was in his truck outside. While Daw went to get it, Muñoz went inside alone, documents said.
Daw then heard a gunshot from inside the home.
The lawsuit alleged Agent Jorge Muñoz opened the bathroom door and shot Chop. Documents also alleged agents grabbed Daw, causing bruising, and that Muñoz pointed his loaded gun at Daw.
Daw seeks compensatory damages, costs and other relief permitted under the Federal Tort Claims Act (FTCA) and Texas law for the loss of his personal property, damage and physical injuries.
Chop died 45 minutes later, according to the lawsuit.
According to the complaint, when Daw's father arrived on scene and confronted agents, at least one acknowledged they had made "a big mistake."
The lawsuit alleged Muñoz' conduct was unjustified. The agents also didn't find any migrants in the home.
ABC-7 will speak with Daw's lawyer, Marisa Ong and Daw's father, Paul Tuesday.
ABC-7 also reached out to the Department of Homeland Security, CBP and Border Patrol and haven't heard back yet.
In November 2025, U.S. Representative Veronica Escobar sent a letter to CBP Commissioner Rodney S. Scott and Border Patrol Chief Michael W. Banks in reference to the alleged shooting.
