The attorney for a New Fairfield man accused of fatally shooting his neighbor’s dog says he is withdrawing an application for accelerated rehabilitation that would have wiped his client’s record clean, citing new evidence he says will support his case.

Gary Benicewicz was charged after shooting a chocolate lab named JoJo back in May. His attorney Greg Miller says his client is traumatized by what happened and acted in self-defense that day on Diana Drive in New Fairfield. Miller says he has proof that Jojo has left her yard before and attacked others. He says Jojo was a deeply troubled dog.

"There are very substantial facts on my client's side that are inconsistent with perhaps what has been told to the media," said Miller.

Jojo's owner Lisa Pierce-Wirth and her family told News 12 Connecticut that Jojo, a rescue dog, was taking anxiety medication. Still, they don't believe it gave Benicewicz the right to do what he did.

"This was his decision despite he knew that this was our family dog and despite the fact that he knew he was in a residential neighborhood," said Pierce-Wirth.

Pierce-Wirth believes Benicewicz went out of his way to target Jojo.

"He kept coming back until she got off the property so that he could shoot her," said Pierce-Wirth.

Miller says no matter what happens in this case, this was a tragedy for everyone.

There is a pre-trial hearing next month where attorney Miller will present evidence to support his client's case.