Former Cop Re-Indicted On Animal Cruelty Charges

CANTON, GA — A Cherokee County grand jury has re-indicted a former officer with the Cherokee County School Police Department on charges in connection to the June 2016 hot car death of his K-9. The grand jury last week indicted Daniel Wood Peabody on two counts of aggravated cruelty to animals and one count of making a false statement.

This new indictment comes more than a year after a Cherokee County Superior Court Judge granted a motion to throw out the aggravated cruelty to animal charges against Peabody, who was tasked with caring for Inka, a Belgian Malinois employed by the school district. Peabody's attorney argued that since Inka's death occurred while the former officer was on duty, he was entitled to obtain a copy of the proposed bill of indictment and appear before the grand jury.

Georgia law grants current and former peace officers the right to testify before the grand jury before it makes decision on whether it should hand down indictments. The Cherokee County District Attorney's Office, which argued Peabody stepped away from his duties when Inka's death happened, appealed the motion to the Georgia Court of Appeals, which sided with Peabody's attorney. Prosecutors made another appeal to the Georgia Supreme Court, but those justices in June declined to take up the petition.

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District Attorney Shannon Wallace said the case was re-indicted due to the aforementioned "procedural issue" with the first indictment. Since the appellate court did not agree with prosecutors' position, the District Attorney's Office was required to once again present the case to a grand jury.

"The charges in this indictment are identical to the charges in the previous indictment, and we plan to move forward on the new indictment," she said.

Peabody, a former lieutenant with the school police department, was arrested and charged in June 2016 by the Cherokee County Marshal's Office following the death of Inka, who was his partner. According to a summary in the Court of Appeals ruling, Peabody left work on June 10, 2016, and placed Inka in the backseat of his vehicle.

While driving home, the former officer got a text message from his wife asking him to "let out a puppy that she was boarding at their home," the summary states. When he arrived home, Peabody parked in the driveway, turned off the vehicle and went inside to tend to the pup. Inka was left inside the county-issued vehicle, which had its doors and windows closed, resulting in her death.

Peabody was originally indicted in September 2016 by the grand jury on two charges of aggravated cruelty to animal charges and one count of making a false statement, and he entered not guilty pleas to those allegations in October 2016.

The indictment states the aggravated animal cruelty charges stem from Peabody leaving Inka in a patrol car with no ventilation while the engine was off, which led to her death from a heat stroke. The car was not properly equipped to transport police K9's, as it did not have an agency-approved heat alarm or kennel system, the marshal's office previously said.

The false statement charge comes from Peabody informing investigators about the death of Dale, a yellow Labrador that was retired from the Cherokee school police department in 2012. The agency received information about Dale after opening an investigation into Inka's death. Peabody, who was responsible for Dale's upkeep and care after his retirement, allegedly told investigators the dog's death was accidental and was caused by him choking on a tennis ball, the marshal's office said.

However, Cherokee Chief Marshal Ron Hunton previously said the investigation "yielded evidence that Dale was in fact shot and killed by Peabody" after was retired from active service. In another twist to the events, the marshal's office said remains of a third dog found on property formerly belonging to Peabody, did not belong to Dale. Those remains, the agency added, possibly belonged to Inka's grandmother, a Belgian Malinois owned by Peabody.

Peabody is scheduled to be arraigned at 9 a.m. Sept. 13 in courtroom 2C at the Cherokee County Justice Center. Patch has reached out to Peabody's attorney, David Willingham, for comment and is waiting to hear back from him.

Image via Cherokee Sheriff's Office