A Lake County judge denied Deputy Kevin Gauer's request to adopt his former K-9 partner Axel, leaving the 6-year-old German shepherd's future with another law enforcement agency.

The Aug. 3 ruling rejected Gauer's preliminary injunction to keep Axel in his care. The decision came after the Lake County Sheriff's Office stripped Gauer of his K-9 duties following a May 5 incident near Lake Bluff in which he left Axel unattended in a field bordering Route 176, railroad tracks and occupied buildings for more than 20 minutes.

A Change.org petition urging the sheriff's office to let Gauer adopt Axel has surpassed 3,400 signatures. Supporters call the separation "excessive punishment" and argue Axel should not be penalized for handler error.

Deputy Chief Chris Covelli said the incident "created a serious and unacceptable safety risk for both Axel and the public," according to the Chicago Tribune.

"Axel is healthy, capable of continuing to work, and is expected to have several years of productive service life remaining," Covelli said. "Several law enforcement agencies have expressed interest in acquiring Axel."

Axel is housed at a local canine training facility while the sheriff's office decides his next assignment. The office maintains Axel is retired only from its ranks, not from law enforcement work generally.

No public statement from Gauer or his attorney regarding the ruling appears in available records.

The May 5 incident

Gauer and Axel had been playing fetch in the field for about 20 minutes before Gauer left at 1:40 p.m. to respond to a low-priority call about railroad gates blocking the roadway. After handling that call, Gauer conducted a traffic stop and continued patrol duties without realizing Axel was not with him.

A member of the public found Axel wandering and eating grass, noticed the sheriff's office collar, coaxed the dog into his vehicle and called the department. Axel was unharmed.

When a supervisor contacted Gauer and asked whether Axel was with him, Gauer initially said yes. Only after the supervisor told him to physically check did Gauer realize his partner was missing.

The Office of Professional Standards investigated and cited Gauer for several policy violations, including violating canine team operations policy, vehicle operations policy, unsatisfactory performance and improper use of sheriff's office property. He received a letter of reprimand in his permanent file.

Four-year partnership

Gauer had been Axel's handler for approximately four years. The pair was sworn in together by Lake County Clerk Robin O'Connor alongside K-9 Echo and Deputy Tyler Girmscheid, with Sheriff John Idleburg present.

The sheriff's office has invested thousands of dollars in intensive eight-week K-9 training sessions. Idleburg has been a strong supporter of the canine program.

Legal proceedings continue after the Aug. 3 injunction denial, columnist Charles Selle reported in the Chicago Tribune. No next court date or deadline for the sheriff's office's final decision on Axel's reassignment has been announced.