Animal cruelty charges dismissed against Atlanta Falcon Jonathan Babineaux
The Gwinnett County District Attorney's Office has dismissed animal cruelty charges against Atlanta Falcon's defensive tackle Jonathan Babineaux stemming from the February death of Babineaux's girlfriend's pit bull-mix. Babineaux's criminal defense lawyers were able to prove that the dog had a history of unprovoked attacks and that a dog trainer had instructed Babineaux to spin the dog on a leash when it became aggressive. District Attorney Danny Porter stated that his office conducted an exhaustive investigation and eventually concluded that they would not be able to prove that a crime had been committed.
The prosecutors had an uphill battle in this case. Babineaux was charged with aggravated cruelty to animals which, under Georgia law, requires the state to prove that the person maliciously caused the death or physical harm to the animal. Moreover, a person may not be convicted of this offense if the death or injury to the animal is sustained while the person is (a) defending himself or another person from a potential attack; or (b) is protecting his property or the property of another from potential damage.
Although the dismissal of the felony charges is undoubtedly a victory for Babineaux and his criminal defense lawyers, it will take time for Babineaux to overcome the rash of negative publicity the case attracted from animal rights groups. According to Babineaux's lawyers, Falcon's owner Arthur Blank was under a lot of pressure to trade him, especially after the Michael Vick charges surfaced later in the year.
Local law enforcement agencies typically prefer to arrest a person first and then conduct their investigation later. This is much unlike federal criminal cases, where the prosecutors will sometimes investigate a case for years before making an arrest. The main advantage to the prosecution in making a quick arrest would be to secure the person in jail or on bond in order to ensure that he will still be around when the case is eventually indicted and tried.
In this case though, it is highly unlikely that the $2,300 bond posted by Babineaux was his only incentive to stay in Georgia while the case was being investigated. Perhaps, had the "exhaustive investigation" been conducted before the police arrested Babineaux, he would have been spared the public embarrassment and this would not be news.
