CHEROKEE COUNTY, Ga. - Prosecutors are appealing a decision to throw out the indictment against a former Cherokee County School District police officer accused in the death of two police K-9s.
District Attorney Shannon G. Wallace said they are awaiting a ruling from the Court of Appeals after the lower court quashed the two aggravated cruelty to animal charges against former Cherokee County School Police Lt. Dan Peabody.
Peabody was indicted last September on two counts of aggravated cruelty to animals and making a false statement. Prosecutors said the investigation started after Peabody left his K-9 partner, Inca, in his patrol car without proper ventilation on June 10. A necropsy performed by the University of Georgia found the dog died from heat stroke.
Investigators said the incident prompted them to reexamine the death of a retired K-9 officer in his care. Dale, a yellow lab, was handed over to Peabody in 2012. Peabody said the dog died from choking on a toy, but prosecutors now believe Peabody lied after investigators said they found evidence Dale was shot and killed by Peabody at his Paulding County shortly after the K-9’s retirement.
Prosecutors said they may move seek re-indictment on all counts against Peabody if the Court of Appeals does not rule in their favor.
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