Former officer charged in K-9's death wants charges thrown out

CHEROKEE COUNTY, Ga. — Attorneys for a former Cherokee County school resource officer charged in the hot car death of his K-9 filed a motion Thursday to quash his indictment.

Daniel Peabody is accused of leaving his K-9, Inca, in the back of a patrol car for nearly three hours in June.

Peabody testified that he didn't want to bring Inca into house that day because it would cause problems with other dogs in his home.

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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 4:00 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, retired school K-9 Dale.

Investigators said Peabody claimed Dale choked to death on a chew toy, but investigators contended that he shot the dog.

Peabody is facing charges of felony animal cruelty and lying to investigators.

Cox Media Group