While it was initially believed the dog had been intentionally tied to a fence, the trooper who rescued him testified that the dog's collar was simply stuck and that no rope or chain was present. This detail is critical to proving aggravated animal cruelty and without it, the legal elements of the charge could not be met.
The defendant and his mother also testified that the dog became frightened and aggressive during an emergency evacuation, ran off and could not be found-conduct that is not a crime.
Because their testimony could not be refuted and there was no evidence to support lesser charges such as abandonment, the state could not ethically proceed with the case.
Early reports were based on initial assumptions, but depositions clarified the facts before trial. While the case was ul