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Memo To File

The State is unable to proceed with the prosecution of Giovanny Aldama Garcia for aggravated cruelty to animals due to insufficient evidence. The investigation revealed that the dog, Trooper, was abandoned during a hurricane, but the defendant's actions did not meet the legal criteria for intentional cruelty or failure to act. Consequently, a notice of nolle prosequi will be filed, indicating the charges will be dropped.

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4K views1 page

Memo To File

The State is unable to proceed with the prosecution of Giovanny Aldama Garcia for aggravated cruelty to animals due to insufficient evidence. The investigation revealed that the dog, Trooper, was abandoned during a hurricane, but the defendant's actions did not meet the legal criteria for intentional cruelty or failure to act. Consequently, a notice of nolle prosequi will be filed, indicating the charges will be dropped.

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mauricio
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Memo to File State v. Giovanny Aldama Garcia 20240F16385 ‘The State is unable to meet their burden of proof in the matter of State of Florida v. Glovanny Aldama Garcia, and as a result is unable to proceed with prosecution. A written notice of nolle prosequi will be filed, ‘The defendant is charged with one count of aggravated cruelty to animals in violation of Florida Statute 828.12(2). In order to sustain this the charge, the State must prove that: 4. The defendant intentionally committed an act to an animal or owned, had custody, or control of an animal and failed to act, and, 2. The defendant's act or failure to act resulted in the excessive or repeated infliction of unnecessary pain or suffering to the animal. In this case, the allegation was that the dog who is now known as Trooper, was abandoned on the side of the road during a hurricane and left tied to a fence. After fully investigating this matter and through the discovery process, we have determined that the admissible evidence available to our office is insufficient to prove this charge. A person travelling on the highway observed the dog on the side of the road; the dog was in standing water and appeared to be tied to a fence. That driver called 91:1 and an FHP trooper responded. The trooper was able to locate the dog next to a fence in standing water. The trooper was able to take video of the dog as he approached. The dog was aggressive when approached and the dog's collar was stuck on the fence. The trooper was able to fashion a makeshift leash to gain control of the dog, detach the collar from the fence, calm the dog and take the dog to safety. The facts as depicted in the video and statements do not support the theory that the dog was attached to the fence in an intentional manner. A defendant could stil commit this crime through a failure to act. Other than the defendant and his mother, there are no witnesses to the initial events that led to the dog being alone on the side of the highway. Both of led statements to law enforcement. In their statements, they described 2 ‘these individuals pro} situation during a hurricane evacuation where the dog became stressed and aggressive. When the car was stopped to address the situation, the dog jumped out and got loose. The State has been unable to locate any evidence to refute their description of the events that led to the dog being in placed in such a dangerous situation; a failure to locate the dog during an emergency evacuation does not equate to a criminal failure to act.

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