"This bottom part is where a fragment of the bullet came out," said Dave Billing, a roommate.
The Concord police officer shot Kirby, a 13-year-old cocker spaniel mix, with his 40 caliber pistol.
"He yelped and just stopped moving for a second. I really thought he was dead," said Zach Grimm, Kirby's owner.
There's a bullet fragment lodged near Kirby's spine and his recovery is still questionable. Concord police would not speak on camera, but they say officers responded to a burglary call last week. One of them went into the backyard of this home where Grimm lives with his two roommates.
"Less than 20 seconds from the when I heard the gate jingle and when I heard the dog get shot," said Grimm.
Both parties agree the dog growled and ran up to the officer twice, but as far as it goes. Concord Police say the officer did not use his pepper spray because he had a gun in one hand and believed there was a burglar in the backyard.
A third roommate who did not want to be on camera says he witnessed the officer draw his gun only to shoot the dog. Police say he was an animal control officer in Elk Grove, two years ago and he acted within the bounds of the department's policy.
"When is it ever OK to shoot an elderly dog because you feel threatened?" said Billing.
"I mean, if you're scared of that maybe you don't have any business being a police officer," said Grimm.
Grimm says he's filing a complaint which will go to a police review board.