BINGHAM COUNTY, Idaho -

The Bingham County attorney will not prosecute the man who shot a hunting dog in December.

According to a statement from Prosecuting Attorney Celve Colson's office Thursday, an animal dying at the hands of a human does not necessarily mean a crime has been committed.

"In this case we do not have evidence which would indicate that this animal was killed in a malicious and intentional manner," he said. "The dog (named Gunner) was running through tall, thick sagebrush and wearing a brown vest. He was mistaken for a coyote."

According to a lawyer representing the shooter, after killing Gunner, the man realized his mistake. He went to look for the dog but couldn't find it after feeding his cows. The shooter turned himself in when he heard of the investigation.

Although no charges will be filed, Colson is requesting that the shooter's hunting license be revoked for two years for improper handling of a weapon.

"This is a very unfortunate case of mistaken identity and improper handling of a weapon while hunting," Colson said in the statement. "The Bingham County Prosecutor's Office does not excuse the shooter's irresponsibility and carelessness in identifying his target."

The prosecutor's office expressed its "deepest sympathies to the family for the loss of their dog."