WRENTHAM - A Foxboro man was acquitted Wednesday on all three charges related to the fatal shooting of an 11-year-old pet Siberian husky that was loose on his property last year.

Frederick F. Grossmith, 49, of 250 Cocasset St. in Foxboro, was whisked out of Wrentham District Court shortly after Judge Warren Powers announced the verdict following a two-day jury-waived trial.

Grossmith did not respond to a reporter's question.

But on the stand in his own defense, Grossmith testified Wednesday that he shot the dog on April 12, 2006, after it bit him, attacked his dog, Bandit, then came at him again, growling and bearing its teeth.

The incident occurred on property at 209 East St., where Grossmith said he kept sheep, which he feared would also be attacked. "That's when I ran to my truck and grabbed the weapon behind the seat," Grossmith testified, referring to a single-shot .22-caliber rifle.

Grossmith said he pulled the trigger and fired a single bullet at the dog's head from about 3 feet away.

But Grossmith, a self-employed carpenter who grew up on his father's farm, described himself as an animal lover and said he felt horrible. "I love dogs. It was a horrible thing for me to have to shoot a dog," Grossmith said.

The dog, Kato, was owned by the Wigmore family of Foxboro.

"We feel there was no justification for Kato's death," said Dale Wigmore, who sat through the two days of the trial. "We were absolutely shocked at the verdict."

Wigmore said his family intends to file a civil suit against Grossmith, and if they win the suit will donate all the proceeds to the Humane Society. He said they would not have pursued a civil suit if Grossmith had been convicted.

Powers found Grossmith innocent of cruelty to animals, killing a dog, and unlawfully discharging a firearm near a roadway, saying there was reasonable doubt in the case.

The maximum penalty for the animal-related counts was 2 ½ years in jail.

Grossmith's lawyer, Keith Langer of Wrentham, had argued that the law allows a person to shoot a dog that is threatening or harming a person, livestock or foul.

He said the prosecution did not prove Grossmith had the malicious intent to harm Kato. Afterward, when asked about the verdict, Langer said his client is not happy about what happened to the dog, but said the charges "should never have been brought" against his client.

During his testimony, Grossmith also described his frustration with town officials when he reported an incident in 1992 in which 10 turkeys he owned were killed by a dog. He said town officials told him he could shoot a dog to protect his animals.

The trial also included testimony about a March 2006 incident at Grossmith's home on Cocasset Street in which Kato broke though an electrified fence and chased cattle on Grossmith's property and frightened a woman jogging by the property.

Grossmith's wife, Dorrie, who was home at the time of the incident, testified she feared the cattle would run into the road and cause an accident. Frederick Grossmith testified his son, who was also home, told him "it looked like a Wild West scene."

Assistant District Attorney Tracey Cusick argued that Kato was not known to have been aggressive toward anyone in his 11-year life, citing testimony from witnesses in the case.

Witnesses described the dog as friendly, that it was kept where its owner, Beverly Wigmore, had a day care facility, and that it had grown up around children, Cusick said.

Cusick said Grossmith had other choices he could have made, such as returning to his truck for protection or calling the animal control officer to deal with a loose dog.

"Getting a firearm out and shooting a dog is an inappropriate way of handling the situation," Cusick said during her closing argument.

She said that after the March incident Grossmith said if he saw the dog again he would shoot it. She also said Grossmith gave testimony inconsistent with statements he made to police immediately after shooting Kato.

During his testimony, Grossmith said he suffers from an inner ear infection that affects his hearing and balance and that the condition is aggravated by stress.

He explained the inconsistencies by saying he was not thinking clearly after being attacked by Kato and arrested by the police.