Retired State Trooper, Anthony Randazzo shot "Shadow" The German Shepard claiming self-defense.
He was indicted by a grand jury Thursday, and now faces criminal charges.
Randazzo's Attorney, Les Lewis received police documents early Friday evening regarding a statement by someone who says Bernard Sperfeld's German Shepard had acted aggressively.
Lewis says the statement was made on September 1, but Sperfeld says that his dog, Shadow, never acted in an aggressive manner.
Lewis says that this statement was from someone who volunteered to come forward.
He says this was not engineered by anyone else or himself.
"Then a dog came running aggressively toward us and did not respond to the owners whistles or calls. It did not appear to me just playing, like the man said. The dog did not wag his tail like he was playing and he was showing his teeth," said Lewis, as he read the statement.
"He was not aggressive, maybe the little dog got scared because Shadow was so big. Shadow wanted to play with every dog. He encountered at least 20 dogs up there," said Sperfeld.
Lewis says the filed and documents were provided to him by Special Prosecutor, Christopher Pelli.
Randazzo will be arraigned in court on October 21.
Lewis says his client will please not guilty.