A deputy was disciplined after officials say he accidentally left Lake County Sheriff’s Canine Axel in a field while on duty until he was found by a bystander, leading to the canine being retired from the agency and a legal battle.
The incident happened on May 5 involving Lake County Sheriff’s Deputy Kevin Gauer and his sheriff’s canine, Axel.
The deputy indicated to superiors he was completing paperwork inside his squad car while Axel was outside in a nearby field after the two played fetch, according to Lake County Sheriff’s Office Chief Christopher Covelli.
The field is next to a busy highway, Route 176, along with railroad tracks and buildings that have people coming and going.
Gauer received a low-priority call of railroad gates blocking the roadway near his location.
The deputy waited about 10 minutes before responding to the call after receiving the dispatch, Covelli said. He left Axel alone in the field when responding.
Covelli said Gauer addressed the railroad crossing issue and then conducted a traffic stop and continued his patrol duties without Axel, not realizing his canine partner was missing.
A member of the public observed Axel wandering unattended and eating grass.
The person called Axel, who approached him and allowed Axel into his vehicle.
The bystander then contacted the Lake County Sheriff’s Office after noticing Axel was wearing a sheriff’s office collar.
“At this point, Axel’s handler still did not know his K9 partner was missing,” Covelli said.
A supervisor contacted Gauer and asked whether Axel was with him, at which time the deputy indicated that he was.
The supervisor instructed Gauer to physically check for Axel. “Only then did the deputy realize his K9 partner was not with him,” Covelli said.
Over 20 minutes had passed since Gauer left Axel behind and the deputy was more than two miles away from Axel.
“This was not a situation where a handler knowingly left his K9 unattended while dealing with an emergency and then returned for him (which would still not be acceptable). The deputy left Axel behind while responding to a low-priority call, conducted a traffic stop, and continued his patrol duties without realizing Axel was missing,” Covelli said, adding that Axel was discovered by a member of the public “before his handler even knew he was gone.”
Covelli called the situation a “serious and unacceptable safety risk” for both Axel and the public.
“Axel was an unattended working police K9 wandering without his handler. He could have wandered into a busy roadway and been struck by a vehicle, creating a danger not only to Axel but to motorists,” he said.
Axel was sworn in at the sheriff’s office in June 2022 and has been paired with Gauer from the start.
Gauer was issued written disciplinary action permanently removing him from the K-9 Unit. Axel has been boarded at TOPS Kennel since May 11.
Axel was also retired from the agency due to the incident, a move that was announced internally in the department on June 10 but never announced publicly.
Gauer took legal action in late June by filing a complaint seeking an injunction and declaratory judgment against Lake County Sheriff John Idleburg after the sheriff refused to transfer ownership of Axel to Gauer.
A motion said Undersheriff Lawrence Oliver advised Gauer in an email on May 28 that he could request consideration for transfer of ownership of Axel, which Gauer did.
The motion said the sheriff’s office then notified TOPS Kennel on June 5 that it intended to relinquish Axel to the organization and not to Gauer.
The kennel told the sheriff’s office they intended to return Axel to Gauer but sheriff’s officials told them that would “send the wrong message” and they later informed Gauer’s union they were considering transferring the canine to another law enforcement agency for active police service, according to the motion.
Covelli said the decisions regarding Axel were “not made lightly” and followed an extensive administrative investigation into a “significant failure” involving Axel’s care and supervision, along with risk to Axel and members of the public.
The sheriff’s Office of Professional Standards conducted an investigation into the deputy’s actions and several internal charges against the deputy were sustained following the investigation.
Those included violating the Canine Team Operations Policy, violating the Vehicle Operations Policy, Unsatisfactory Performance and violation of Proper Use and Care of Other Sheriff’s Office Property.
Covelli said research was conducted and conversations occurred with dog trainers that led to the decision that Axel would no longer be allowed to be in the care of the deputy responsible for his abandonment.
“It is also important to clarify Axel’s current status. Axel is healthy, capable of continuing to work, and is expected to have several years of productive service life remaining, before retiring from law enforcement. Several law enforcement agencies have expressed interest in acquiring Axel so he can continue serving as a police K9,” Covelli said.
An online petition was created recently saying that Axel was “left unattended in a field for 20 minutes” while his handler dealt with “an emergency,” a narrative that the sheriff’s office called “substantially inaccurate.”
Covelli said the distinction that Axel is healthy and capable of work is important because there is “misinformation” being circulated regarding the Illinois Police Dog Retirement Act.
“The law does not require a law enforcement agency to give a police K9 to a former handler simply because the K9 has been removed from that handler’s care. The statute addresses police dogs that are deemed no longer fit for public service. Axel remains a healthy and capable working K9 with years of potential service ahead of him,” Covelli said.
The sheriff’s office said it was their standard practice, before the law was in place, to allow retiring police canines to remain with their handlers when appropriate.
“We continue to support that practice today and allow our canines to live with their handlers following their service, in normal circumstances. This is far from normal. None of what occurred was Axel’s fault, as Axel relies on his handler for his wellbeing,” Covelli said.
“We recognize that people care deeply about Axel. So do we. Axel has served the residents of Lake County exceptionally well. We believe a healthy police K9 with years of service life remaining should have the opportunity to continue doing the work he was trained to perform in a safe and appropriate environment,” Covelli added.
The online petition said that while Axel’s team respects the legal process, they believe the existing records support a full retirement under the law since German Shepherds become seniors at seven years old.
“Attempting to re-assign an advanced-age police K9 to a new handler introduces severe operational and safety risks. A successful police dog relies entirely on an instinctual, split-second bond of trust with their handler, a process that takes years of daily deployments to build. Forcing a senior dog to break his lifelong bond and attempt to adapt to a stranger’s commands can be highly detrimental to Axel’s psychological well-being and cause even more confusion,” the petition said.
Gauer’s court action to retain ownership of Axel has been unsuccessful so far. A preliminary injunction was denied by Lake County Judge Daniel Jasica on August 5.
The judge said the relief was denied because there is “neither a fair question” of Gauer’s likelihood of success on the merits of his claim, nor is there a “fair question of irreparable harm.”
A hearing on a motion to dismiss the case is set to be heard on August 20.