TAMPA, Fla. (WFLA)— Charges were dropped for a man who left his dog tied up on the side of the road while evacuating Hurricane Milton due to insufficient evidence.
According to court documents, charges against Giovanny Aldama Garcia, of Ruskin, were dropped this week.
Prosecutors entered a “Nolle Prosequi” document, ending the criminal case.
The State Attorney’s Office released the following statement:
During the deposition and discovery process in this case, we determined that we did not have sufficient evidence to prove that the defendant intentionally tied the dog to the fence in rising flood waters. While this case stirs many emotions and even ethical questions, we do not have a good-faith basis to continue this prosecution. While it was initially reported that the dog was tied to the fence with a rope, we have insufficient evidence to support that allegation. As a result, we cannot meet our burden of proving aggravated animal cruelty beyond a reasonable doubt.
Despite this outcome regarding the prosecution, Trooper the dog and his story has led to real, positive change. Trooper has a loving new home, and “Trooper’s Law” now makes it a felony to abandon a restrained animal during a natural disaster. We will always stand up for our community’s most vulnerable victims including children, the elderly, and animals.
During an investigation, the state determined that the admissible evidence available to its office is insufficient to prove the charge.
According to a memo, to sustain the charge, the State must prove that the defendant intentionally committed an act to an animal or owned, had custody, or control of an animal and failed to act, and the defendant’s act or failure to act resulted in the excessive or repeated infliction or unnecessary pain or suffering to the animal.
In the memo, it stated that there are no witnesses to the initial events that led up to the dog being left alone on the side of the highway, besides the defendant and his mother.
Both Garcia and his mother gave a statement that said the dog became aggressive during the hurricane evacuation. When they stopped the car 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,” the memo said.
During the investigation, it was revealed that a person traveling on the highway saw a dog on the side of the road that appeared to be tied to the fence, so they called 911.
An FHP trooper located the dog and took a video as he approached.
The dog was aggressive when he approached, and the dog’s collar was stuck on the fence, the memo said.
The trooper made a makeshift leash to gain control of the dog, detach the collar, calm the dog down, and take the dog to safety.
Trooper’s Background
Initial reports said Trooper was found tied to a pole during Hurricane Milton off the side of the highway near Bruce B Downs Boulevard, with water rising above his legs.
Garcia was charged with aggravated cruelty to animals, a third-degree felony, after Gov. Ron DeSantis signed Trooper’s Law into effect.
Trooper’s Law will make it a third-degree felony to abandon a pet ahead of a natural disaster. Violators could face up to five years in prison and a $10,000 fine.
According to the State Attorney’s Office, Garcia told police he abandoned his dog “Jumbo” while he was on his way to Georgia.
“In Hillsborough County, we take animal cruelty very seriously,” Lopez said in a statement. “This defendant is charged with a felony and could face up to five years in prison for his actions. Quite frankly, I don’t think that is enough. Hopefully, lawmakers take a look at this case and discuss changing the law to allow for harsher penalties for people who abandon their animals during a state of emergency.”
Since being found tied to the fence, Trooper has found his forever home in Parkland, Florida.
Trooper instantly connected with Frank and Carla, so they decided to see how Trooper would do with their dog, Dallas, a 7-year-old Miniature Bull Terrier rescue.
According to the Leon County Humane Society, when Trooper and Dallas met, it was “Love at first sight.”