PHOENIX, Arizona - December 30, 2008 - Brutis the cat is back home with his owner after going through a bit of a pickle. He had been stuck in a neighbor's tree for nine days, according to the owner.

The cat's owner says a police officer may have been partly to blame.

The cat got away from his owner, Michael, last Sunday at a home near 12th Street and Bell Road. When Michael finally tracked Brutis down, he was stuck in the branches, two storeys in the air, on his neighbor's property.

The neighbor is a Phoenix police officer.

Michael tried to get the cat out with no luck. Animal Control told him they don't handle cats due to limited resources.

On Christmas morning, the Humane Society tried to rescue Brutis but said its ladders were not tall enough to reach him.

They also suggested Michael leave food and water at the base of the tree, something Michael said he couldn't do because his police officer neighbor would not let him back on the property.

"He said he wouldn't let us go back there and try and rescue the cat," Michael said.

Michael said the officer told him he was concerned that if someone got hurt while trying to get the cat on his property, he would be liable.

"He said no because of insurance," explained Michael.

A Phoenix Police spokesperson said the officer did what he could to help the cat.

Sgt. Tommy Thompson said the officer followed the direction of the Humane Society, taking his dog inside for a day, hoping the cat would come down on its own.

He said the Humane Society called the officer an "angel" who did all he could.

The Humane Society also told the officer they could not rescue the cat safely, according to Thompson.

However, another non-profit organization said on Monday they made an attempt to get Brutis out of the tree.

Toni Smith and Terry Toman are with Citizens for North Phoenix Strays.

"There's some friction here between these neighbors and I said I could care less about the people I just want to go up and get the cat," said Smith.

Smith and Toman said they chose to go behind the home on a public sidewalk and lean a 25-foot ladder against his back wall.

In this way, they figured they were not on his property.

Just as they were about to get the cat, Smith said, "This guy comes barreling out of his house, flashed his gun and his badge, and started screaming and freaking out."

Toman added, "It's a little overkill."

ABC15 tried to speak with the officer to get his side of the story, but he said to call police.

The Phoenix Police Department said their officer had a right to defend his property.

They added that there was no way the officer could have known whether Smith and Toman were intruders or not.

“It seems like I just have to sit here and watch my cat starve to death or freeze to death,” Michael said.

Both Smith and Toman said they were willing to sign a waiver guaranteeing they would not sue the officer or hold him liable if they should hurt themselves while rescuing Brutis.

“It’s just a cat in a tree, why can’t we just go there and get the cat and move on,” Smith said.

Late Tuesday morning, Michael said police officers arrived at the home and rescued the cat using a ladder.

Michael said Brutis is a bit tired, scared and skinnier, but by all accounts appears okay.

Sgt. Thompson said Phoenix Police don't normally rescue cats from trees, but said calls to the Police Chief's office prompted the move to get the cat down from the tree.

Michael said he has no hard feelings for the people who own the tree the cat was stuck in, he's just glad to have Brutis safely home.

Ed. Note:  If the officer’s property had been in a Pure Trust Organization, the officer would have had no worries about being held liable if an accident occurred.