A Lake County Sheriff's deputy who patrols unincorporated areas near Lake Forest and Lake Bluff has been permanently removed from the K-9 unit after leaving his police dog alone in a field near Route 176 on May 5, then driving more than two miles away without realizing the animal was missing.

The incident involving Deputy Kevin Gauer and K-9 Axel, first reported by Lake & McHenry County Scanner on Aug. 14, has triggered written discipline, Axel's retirement from the agency and a legal battle over who gets to keep the dog. ABC7 Chicago also confirmed the sheriff's office investigation on Aug. 15.

What happened

Gauer was completing paperwork in his squad car while Axel played fetch in a nearby field, according to Lake County Sheriff's Office Chief Christopher Covelli. The field sits beside Route 176, railroad tracks and buildings with regular foot traffic.

When Gauer received a low-priority call about railroad gates blocking a roadway, he waited about 10 minutes, then drove to the scene without Axel. He addressed the crossing issue, conducted a traffic stop and continued his patrol. More than 20 minutes passed before a supervisor contacted Gauer and asked whether Axel was with him. Gauer initially said yes. Only after being told to physically check did he realize the dog was gone. By then, a bystander had already found Axel wandering unattended and eating grass near the highway. The person noticed the sheriff's office collar and called the agency.

"The deputy left Axel behind while responding to a low-priority call, conducted a traffic stop, and continued his patrol duties without realizing Axel was missing," Covelli told the Scanner on Aug. 14.

Discipline and retirement

The Sheriff's Office of Professional Standards sustained multiple internal charges against Gauer, including violations of the Canine Team Operations Policy, Vehicle Operations Policy, Unsatisfactory Performance and improper care of sheriff's office property. He was permanently removed from the K-9 unit.

Axel, sworn in at the sheriff's office in June 2022, has been boarded at TOPS Kennel since May 11. His retirement was announced internally on June 10 but never disclosed publicly until the Scanner report.

Undersheriff Lawrence Oliver emailed Gauer on May 28 that he could request consideration for ownership of Axel. Gauer did so. But on June 5, the sheriff's office told TOPS Kennel it intended to relinquish Axel to the organization, not to Gauer.

When the kennel said it planned to return Axel to Gauer anyway, sheriff's officials said that would "send the wrong message," according to court filings cited in the Scanner report. The agency later told Gauer's union it was considering transferring Axel to another law enforcement agency for active duty.

Gauer filed suit in late June against Sheriff John Idleburg seeking an injunction and declaratory judgment. Lake County Judge Daniel Jasica denied a preliminary injunction on Aug. 5, ruling there was "neither a fair question" of Gauer's likelihood of success nor of irreparable harm.

The sheriff's office argues the Illinois Police Dog Retirement Act does not apply because Axel remains healthy and capable of working. Covelli said several law enforcement agencies have expressed interest in acquiring the dog.

What's next

A hearing on a motion to dismiss Gauer's case is scheduled for Aug. 20. Gauer's own statement and his attorney's position were not available in public reporting as of Aug. 16.