CPT provided an expert witness affidavit on behalf of an Atlanta Falcon player accused of felony cruelty to animals. The player’s fiancee owned a dog that had exhibited aggressive behavior to family members and strangers and in the process inflicted several bites. Out of concern for the safety of his young child, himself, and the community, the client considered euthanizing the animal. Veterinary professionals concurred that euthanasia was a viable option given the dog’s history and the low probability of training success. Nevertheless, the player, in an attempt to keep the pet alive, contracted with a local trainer recommended by his veterinarian. The trainer board trained the animal and provided follow-up consulting. However, the dog remained frequently aggressive, which frightened the client and placed the family and community at risk. Still, the player continued attempting to modify the animal’s behavior by implementing the techniques espoused by the trainer. Unfortunately, on one occasion, when the player implemented the suggested techniques, the dog was subsequently injured and later died. Gwinnett County then charged the player with felony cruelty to animals.
The handler again announced that he would “send” his dog and that the dog “will bite.” The officer released the dog. The dog bit the fleeing Plaintiff in the posterior thigh, causing severe injury, including deep lacerations and tearing of the hamstring muscle.
The Plaintiff’s attorney’After researching all pertinent facts, CPT submitted an expert witness affidavit denoting that the primary technique advocated by the trainer was a legitimate technique favored by others within the dog training profession, that the technique was archaic and now rarely applied by educated professional trainers, that the technique was inappropriate for reducing the aggression of the subject dog, that the technique would likely exacerbate the aggression of the subject dog, and that the technique may cause the subject dog to act aggressively with less salient warning than communicated previous to the implementation of the technique. Felony cruelty to animals requires intent and malice. The CPT affidavit described the technique and how even proper implementation of the technique may accidentally result in severe injury or death. The affidavit also emphasized the client’s efforts to salvage the dog’s life by contracting with the trainer and taking the time, finances, and risk to implement continued training strategies, rather than simply having his veterinarian euthanize the animal, such that the evidence demonstrated that the client’s actions sharply contrasted with any allegations or legal requirements of intent, malice or forethought. Moreover, to eliminate potential allegations of criminal negligence, the affidavit communicated that the trainer had superior knowledge of the potential for injury or death inherent to the recommended training technique, that the trainer did not impart such information to the client, that the trainer was recommended by a state licensed veterinarian (the same state that was ironically now accusing the client of a crime), that the client precisely followed the trainer’s instruction, and that given the client’s lack of a dog training education and his rationale in trusting the trainer and the techniques advocated by the trainer, considering the circumstances and information at hand, the client’s actions were prudent and reasonable and not criminal or negligent in nature.s requested that the CPT expert witness analyze case files, depositions, Gwinnett County regulations regarding handling and usage of police dogs, and the training records of the particular police dog and handler to determine whether the handler violated standard protocols or procedures or whether training records indicated that the dog was either not trained to specification or exhibited abnormally aggressive behavior. A research report and verbal summation to the Plaintiff’s attorneys concluded that the officer followed standard Gwinnett County protocols and that the dog acted in accordance with guidelines. Therefore, the case was weak regarding improper handling or training of the dog. However, further analysis concluded that the Gwinnett County police handler protocols were more aggressive than those utilized in surrounding counties. Thus, moving forward, the strategy of the case should not focus on the officer or dog acting improperly per the standards established by the Gwinnett County police department, as was originally the goal of the Plaintiff’s attorney. Instead, the strategy of the case should focus on the legal possibility that the standards of the police department allowed the use of unwarranted “excessive force” that posed unnecessary and unreasonable risk of injury to the Plaintiff and violated the Plaintiff’s constitutional rights, which was an issue better left to an expert in criminal justice or constitutional law than an expert in animal behavior and training.
Consequently, the Gwinnett County District Attorney’s office dismissed all charges prior to the date of trial.