ATHENS Ohio (WSAZ) -- Barking up the wrong tree -- that's what some say one man did when he threatened a local police dog. But, it's what happened after the comment that's got some people biting and others scratching their heads.

“In response to the dismissal, it’s a doggone shame,” said Robert Toy, an Athens defense attorney.

Toy is amusing himself with a case he says has gone to the dogs.

“It’s a silly charge,” he said.

“We take this charge very seriously,” Athens County Sheriff Pat Kelly said.

The incident started at a construction site across the street from the sheriff's department in downtown Athens. That's where Mark Isaac and another construction worker made comments about Esko, the Athens County Sheriff's drug dog.

“The one construction worker said to my client, ‘That dog is coming to get you.’ My client, who was about 150 feet away on the second floor, made a comment back,” Toy said.

“He said, ‘I’m going to kill that dog’ and the deputy overheard him,” Kelly said.

“The deputy walked across the street and arrested my client, charged him with a felony and put him in jail,” Toy said.

“Esko is an officer of the law and you can’t threaten any kind of officer whether they be a person or a dog. My deputy felt a real threat was being made against his dog, who is a police dog, and so he consulted with the prosecutor and they agreed charges need to be filed against him,” Kelly said.

Isaac, who is 37, was charged with aggravated menacing -- a felony punishable by a year in jail and a $2,500 fine. He's free on a $5,000 bond. Kelly said the case was dismissed in municipal court, but could go to the grand jury. Toy said if that happened, an interpreter might be needed.

“Under the constitution, I would have the right to interview the witness, in this case, Esko the dog. I’ve submitted a motion for an interpreter, my dog, Elbee the Doggie. I know when he wants to go for a walk because he brings me his leash. When he wants to play ball, he comes to me with his ball in his mouth,” Toy said.

“I don’t appreciate the attorney using humor in what is a very serious matter,” said Sheriff Kelly.

The sheriff said he's hoping Isaac receives some kind of charge. Late Friday afternoon, he found out why Isaac may have been angry at the dog. According to Athens City Police, one of their dogs happened to be searching his hotel room the night before and found an ounce of marijuana.

Kelly said he thinks Issac mistook Esko, the sheriff's dog for the city police dog and directed his anger toward him. We'll keep you posted on what happens.