Sebastian K-9 officer acquitted of animal cruelty charge

A Brevard County judge Thursday dismissed a criminal case against Sebastian Police K-9 Officer Eric Antosia, who had faced an animal cruelty charge following his canine partner’s death last year.

“After extensive criminal and administrative investigations, all evidence indicates that this was an unfortunate tragic incident that was unintentional,” Sebastian Police Chief Michelle Morris said in a prepared statement. “We have examined every aspect of our procedures and equipment to prevent a similar situation from occurring again. While nothing is guaranteed, I am confident that we have addressed this best as is humanly possible.”

Tears of relief and cheers from supporters marked the Thursday, Oct. 17, acquittal of Sebastian Police Ofc. Eric Antosia in the Brevard County Courthouse in Viera. Antosia had faced a first-degree misdemeanor animal cruelty charge stemming from the April 28, 2017 death of his K-9 Diesel who had been left several hours in a police SUV at his Melbourne home.

The surprise decision by Brevard County Circuit Judge Kelly Ingram – meaning that the three man, three woman jury never heard final arguments or deliberated for guilty or not guilty – hinged on her ruling that Assistant State Attorney Michael Hill had not proved the cause of death of the animal, presumed to have been caused by heat stroke.

Without a crime, there would be no reason for criminal charges which held a fine of up to $5,000, according to the successful strategy employed by defense attorney Greg Eisenmenger. He also hammered at the fact that circumstantial evidence took the place of direct testimony on many key elements in the case.

Much of the trial involved the SUV during the accident which was an older model put in service because Antosia’s car needed service. The loaner vehicle, also a K-9 unit, had a safety system triggered by high interior temperature similar to Antosia’s regular vehicle. That system had not been turned on but there was a question as to responsibility of Antosia in activating the system and possible battery problems.

Another unanswered question was where Diesel had perished, since Antosia had been on duty until about 10:30 a.m. in Indian River County, not in Melbourne as had earlier been reported. Melbourne Police investigated the death because Antosia lives in Melbourne. Had they proved he died in Indian River County, that’s where the trial would have been held.

Hill had argued that many of those points were “common sense” including that dogs left enclosed in a hot car for hours would perish, perhaps of heat stroke.

Because there were no obvious injuries, and no expert testimony, the cause of death could also have been an illness or a heart attack, Eisenmenger said.

Antosia’s supporters waited patiently trying not to cheer but were obviously relieved. Antosia remained in his seat at the defense table, overcome with emotion.

Antosia will return to work with the Sebastian Police but remains off the K-9 unit by choice as he still grieves the loss of his partner Diesel, Eisenmenger said.