...that he is immune from criminal prosecution and can't be sued.
Officers went to the family's home when the girl's mother reported her husband was threatening to hurt himself.
The family's attorney says the dog only went up to the officer and barked. The girl and dog were not seriously injured.
Bettss lawyer asked the judge to dismiss the case, arguing that he had legally fired his weapon in self-defense and was entitled to immunity.
Prosecutors wrote in court filings that it was ''not reasonable under the circumstances to fire twice without a clear background, with a child in the line of fire, a few feet away, at a dog the officer already knew was present.''
The Kansas criminal liability laws state that a person is immune if the use of force is determined to be justified.
OConnor wrote that the girl's injuries were certainly unfortunate and regrettable," but that prosecutors had failed to show that Betts' use of force wasn't justified.