Attorneys for a former Cherokee County school resource officer charged in the hot-car death of his police dog filed a motion Thursday to quash his indictment.
Daniel Peabody resigned in June after leaving his police dog, Inca, in a hot Cherokee school police patrol car when he went into his house. Inka was left for about three hours before Peabody remembered and returned to the car. A necropsy confirmed the dog died of heatstroke.
Lawyers said Peabody was on duty the day Inca died and therefore had the right to appear before a grand jury, which he was not given the opportunity to do, Channel 2 Action News reported.
Prosecutors argued that Peabody was off duty, but he disagreed.
“I’m saying the duty I have, it’s my duty to my employer to care for an asset that the employer uses. And that duty isn’t a duty that stops at 4 when I get off the clock. It’s a duty that goes on and off and on and off,” Peabody said.
The former officer is also accused of making false statements about the death of another dog, whose remains were found at Peabody’s former home in Paulding County.
Investigators said Peabody claimed that a former police dog in his care, Dale, choked to death on a chew toy, but they contend he shot the dog.
Peabody is facing charges of felony animal cruelty and lying to investigators.