The FBI’s top agent in Philly will not be charged for fatally shooting a pit bull in Center City, DA says

The head of the FBI’s Philadelphia division will not be charged for fatally shooting a pit bull outside a Center City apartment building last month, the Philadelphia District Attorney’s Office said Friday.

Jane Roh, a spokesperson for the District Attorney’s Office, said prosecutors had completed their review of the incident earlier this week and “there will be no further action on our part; we consider this investigation to be closed.”

The shooting attracted widespread attention, prompting protests and igniting debate over the use of force by Jacqueline Maguire, the special agent in charge of the bureau’s local office. She was off duty when she pulled the trigger on Feb. 20.

Authorities had been tight-lipped about what led to the gunfire, saying only that an off-duty FBI agent had fatally shot an “aggressive dog” after the pit bull appeared to have attacked the agent’s dog outside the Touraine apartment building on the 1500 block of Spruce Street.

Roh said surveillance video indicated that Maguire had been sitting on a bench when the pit bull rushed forward and pulled the dog off her lap, causing Maguire to intervene and try to separate the animals before drawing her weapon and shooting the pit bull in its hindquarters at close range.

A law enforcement source with knowledge of the investigation, who asked not to be identified to discuss the decision not to charge Maguire, said her conduct “does not meet the standard of recklessness. It does not meet the standard for animal cruelty.”

It was not clear whether Maguire might face internal discipline over the incident. A spokesperson for the local office of the FBI declined to comment Friday.

Maria Esser, the owner of the 7-year-old pit bull, Mia, had previously described Maguire’s conduct as “reckless” and “a blatant disregard for the safety of anyone around during the incident.” Esser had Mia on a leash when Maguire opened fire, and Esser’s sister said Esser “could have been injured or worse.”

Neither Esser nor her sister responded Friday to requests for comment.

Esser previously said Mia, adopted from a pit bull rescue organization by her ex-boyfriend, died in her arms shortly after the shooting. She and others protested outside the FBI’s offices on Arch Street the next day and called for Maguire to be held accountable.

Maguire has led the bureau’s Philadelphia office since the fall of 2021, when she was appointed by FBI Director Christopher Wray.

Department of Justice guidelines say agents are allowed to use force that is “objectively reasonable to effectively gain control of an incident while protecting the safety of themselves and others.”

The FBI has said it is reviewing the episode, but has otherwise declined to comment on the incident or the status of its investigation.