FL - Sebastian Police K-9 died after being left in a patrol SUV at courthouse

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http://www.baynews9.com/content/new...n_police_k9_left_in_vehicle_dies_brevard.html
Police K-9 left in patrol vehicle at Brevard courthouse dies
Tuesday, May 02, 2017, 5:42 PM EDT
Police are in touch with the State Attorney's Office about possible charges after a police K-9 left inside a patrol SUV at the Melbourne courthouse Friday later died.
Diesel had only been with the force for about a year, and now his partner could be facing animal cruelty charges in his death.
"This is a tremendously sad day, personally and professionally," said Commander John Blackledge of the Sebastian Police Department.
Investigators say the officer, whose name isn't being released, was involved in a court hearing at the Brevard County Courthouse in Melbourne.
What's still unclear is how long he was there, and how long was Diesel in his patrol SUV.
[…]
 
Poor Diesel! :(

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all dogs go to heaven
 

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https://www.sebastiandaily.com/news...cer-charged-with-animal-cruelty-for-k-9-7625/

Sebastian Police Officer Charged In K-9 Partner’s Death


August 23, 2017

SEBASTIAN, Florida – A Sebastian Police officer will face animal cruelty charges in the death of his K-9 partner, Diesel, who was found in a hot car.

The State Attorney’s Office made the announcement this morning and is expected to file charges, a first-degree misdemeanor, in the case where a Sebastian Police officer accidentally left his K-9 partner in his patrol vehicle.

The Sebastian K-9 was found dead in Officer Eric Antosia’s patrol car on April 28 in Brevard County, officials said.

[…]
 
Case Search - Brevard County, Florida - Clerk of the Court
BECA Splash
BECA Splash

STATE VS ANTOSIA ERIC MICHAEL
05-2017-MM-041195-AXXX-XX

10/15/2019 CAL:JURY TRIAL

Court Charges
Arrest Number Count Offense Date Florida Statute Charge Description Class Degree
1 1 04/28/2017 828.12.1 CRUELTY TO ANIMALS MISDEMEANOR FIRST DEGREE

Court Schedule
Court Date Court Time Event Description Court Room Description Judge Name User
10/14/2019 09:00 AM CAL:CALENDAR CALL MELBOURNE COURTHOUSE KELLY INGRAM ija91
10/15/2019 09:00 AM CAL:JURY TRIAL MOORE JUSTICE CENTER KELLY INGRAM ija91


Past Court Schedule
Date Time Judge Matter Type Result
11/01/2017 09:00 AM KELLY INGRAM JURY TRIAL CR: JURY TRIAL CONT BY COURT
11/02/2017 09:00 AM KELLY INGRAM JURY TRIAL CR: NEW COURT DATE SCHEDULED
11/28/2018 09:00 AM KELLY INGRAM JURY TRIAL CR: COURT DATE CANCELLED
01/07/2019 09:00 AM KELLY INGRAM JURY TRIAL CR: COURT DATE CANCELLED


Expert challenge delays trial for Sebastian officer charged in K-9's hot car death
FEB 27, 2018
SEBASTIAN — Attorneys for a Sebastian police officer charged with the death of his K-9 partner said they're continuing to challenge one of the state's expert witnesses, which means the trial may not begin until this summer.
[...]
Before the trial can begin, the court has to settle whether veterinarian Dr. Angela Cail can be called to testify about the examination of Diesel. She determined the dog died from heatstroke.
"She was supposed to testify about a necropsy, but she didn't do one," said Viera attorney Greg Eisenmenger, who is representing Antosia. "She is not an animal pathologist."
[...]
Sebastian police in August placed Antosia on administrative leave without pay. Antosia filed a grievance, which was heard by an arbitrator, Sebastian Police Chief Michelle Morris said. In December, the arbitrator awarded Antosia paid leave with back pay, Morris said.

When the criminal case is completed, Sebastian police will open an internal affairs review of Antosia's actions and Diesel's death.
 
You're kidding right? He is fighting the charges? Dude, man up and plead guilty. You are responsible and you know it.

This expert witness thing is probably in the way the disclosure was worded. Ridiculous either way.
 
Judge dismisses animal cruelty charge against Sebastian officer during trial in Viera
Updated 4:14 p.m. ET Oct. 17, 2019
VIERA — Brevard County Judge Kelly Ingram ruled Thursday prosecutors did not prove a veteran Sebastian police officer committed a crime when his K-9 dog was discovered dead in his police vehicle in 2017, and acquitted him of the charge he faced for animal cruelty.

Ending a three-day trial in the Moore Justice Center, Ingram threw out the charge against Sebastian Police Department Officer Eric Antosia before a six-person jury could render a verdict.

Ingram ruled in agreement with defense attorney Greg Eisenmenger of Viera, who argued outside the presence of the jury that the state could not prove "where, when or why" the dog, named Diesel, died while in Antosia's care.
[...]
Assistant State Attorney Michael Hill, arguing that the six-person jury should hear final arguments and render a verdict, called Diesel's death "a horrible accident."

"The dog could not open the door by himself," Hill said. "The car turned out to be a death chamber. That was Officer Antosia's responsibility.


Case Search - Brevard County, Florida - Clerk of the Court
BECA Splash
STATE VS ANTOSIA ERIC MICHAEL
05-2017-MM-041195-AXXX-XX
10/17/2019 CAL:JURY TRIAL
10/17/2019 178 EVIDENCE/EXHIBIT LOG 2
10/17/2019 179 TYPED CRIMINAL MINUTES 2
10/17/2019 PLEA: NONE - (Count 1)
10/17/2019 DISPO: ACQUITTED - (Count 1)
10/17/2019 CR: HEARD
10/17/2019 180 INCOURT GENERAL ORDEREvent Code 6612-Event Seq 7-Barcode ID 31148489 1
10/17/2019 181 COURT MINUTES REGARDING JURY TRIAL 1
10/17/2019 182 JUDGMENT OF ACQUITTAL RECORDED IN THE OFFICIAL RECORDS 1
 
It seems like this would be so easy to prove. I've worked at airports and a sheriffs office. Routine vehicle maintenance and repair records are kept for each vehicle. I would assume, based on working in these two type environments, that there were processes and procedures in existence for the beginning of each shift prior to taking a vehicle. You can't have a vehicle that is meant to chase the bad guys breakdown in the middle of a pursuit. So, this vehicle had to be in tip top shape - as in the A/C should have been properly working, the engine properly idling, etc. That only leaves one thing, human error. Why wasn't Diesel in the building with his people? It's not like he was buckled in to a car seat, couldn't walk, wasn't trained, etc.

It all goes back to what you can prove in court, not what is right or wrong. We have a legal system here, not a justice system. Poor Diesel. Grrr.....
 
You're kidding right? He is fighting the charges? Dude, man up and plead guilty. You are responsible and you know it.

Yah. Who does that anymore? Not many of our "leaders" and "role models".
I am ready for a new decade.

ETA. That dog was his partner. How could he just hope to get away with this and live well? I guess because he knows the dice are loaded.
 
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Not commenting because I obviously can’t...

But Deuce my partner’s police K9 and me are grieving and keeping the sweet one in our prayers. Deuce is a part of our family, much like a child would be.
 

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Not commenting because I obviously can’t...

But Deuce my partner’s police K9 and me are grieving and keeping the sweet one in our prayers. Deuce is a part of our family, much like a child would be.

I won't be surprised if this case is cited by the defense in future hot car death cases.
 
This isn’t right, I do not understand this, not one little bit. :mad:

What's not to understand? Cops are RARELY held to account when they kill a human by mistake, why would they be deemed responsible for the death of a canine?

Can't EVER treat a cop like a bad guy....they're always the good guy, right? On a pedestal, above the law. That's how America rolls.
 
What's not to understand? Cops are RARELY held to account when they kill a human by mistake, why would they be deemed responsible for the death of a canine?

Can't EVER treat a cop like a bad guy....they're always the good guy, right? On a pedestal, above the law. That's how America rolls.
IMO, him leaving his dog in the car was purposeful.... IOW, he either forgot the dog or thought it was too much trouble to take him out. Negligence and Animal cruelty all the way.
 
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As far as humans go, hot car deaths are obviously tragic in that they are totally preventable. However, they are so infrequent relative to other kinds of unexpected death that it seems the development of technology to reduce it isn't really a priority.
 

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