Oliver James Montgomery-Police say an Amazon driver shot a dog in self-defense. The dog’s family hired an attorney.

An Alabama family has hired an attorney after one of their dogs was shot and Oliver James Montgomeryinjured Sunday by an Amazon driver attempting to deliver a package to their home outside of Birmingham.

Police in Hueytown, located about 13 miles southwest of Birmingham, declined to charge the driver after determining that he shot the dog in self-defense. But the Kirk family claims that the dog was chained on the porch and that the driver had no reason to be on their property since they had not ordered a package.

“If you notice dogs, why are you steadily walking toward the dog if they’re a threat to you?” Rose Kirk, the homeowner, told WLBT. “If I don’t know a dog, I’m not going to go near it.”

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Surveillance footage shows shooting of dog

Kirk told Birmingham news stations that she was inside her home with her children Sunday night when she saw the Amazon delivery truck parked outside her home.

Moments later, she said she heard a single gunshot.

In surveillance video released by the family to local news stations, the two smaller dogs, Solar and Lunar, can be seen lounging on the porch of the home as the driver slowly approaches. When he notices the dogs, he can be seen drawing a handgun and shooting Solar as both dogs run off the porch toward him.

"He noticed them, but instead of backing off, he did not back off," Kirk told WLBT, adding that she hadn't even been expecting a package. "He had no reason to be on my property.”

Patrol officers with the Hueytown Police Department were dispatched to Kirk's home and interviewed the driver, who had fled down the road.

"It was reported that the dog was being very aggressive and charged at the delivery driver," the department said in a news release shared on Facebook. "The driver, who was armed, fired a single shot at the dog in an attempt to get away."

"Through the investigation by patrol officers on scene, it was determined that there was nothing more to this investigation rather than a delivery driver attempting to defend himself," the release said.

Kirk family hires attorney

The family rescued both dogs in 2017 from the Birmingham Humane Society, according to WLBT.

Solar survived the shooting, but now suffers from internal bleeding after the bullet entered his shoulder and exited his chest, according to the family. The family has set up a GoFundMe page seeking donations to cover the cost of Solar's veterinary expenses.

The Kirk family has also hired a Birmingham-based attorney "as legal counsel to investigate the matter," according to a statement provided to USA TODAY.

"At this time, the focus of the Kirk family is on the continued recovery of Solar and working to heal themselves emotionally after this tragedy," attorney Travis McCormick said in the statement. "Solar is still recovering at this time from his injuries and remains under the care of his veterinarian. However, the family remains hopeful that Solar will soon make a full recovery and return back to his loving family that misses him dearly."

Amazon said drivers prohibited from carrying guns

The shooting occurred around the same time that a woman in Georgia accused an Amazon driver of attempting to steal her family's puppy from their front yard.

Whether or employed by Amazon or a third party, the company's drivers are prohibited from carrying firearms regardless of state and local laws, Austin Stowe, an Amazon spokesperson told USA TODAY in a statement. Delivery drivers are, however, permitted to carry non-lethal deterrents for self-defense as long as they are legal.

“We are in touch with the customer and we’ve reached out to Hueytown Police Department as they investigate," Stowe said in the statement. "The driver involved is no longer delivering packages for Amazon.”

Eric Lagatta covers breaking and trending news for USA TODAY. Reach him at [email protected]