Judge Dismisses Charges Against Comins
Jury Not Given Chance To Decide Case
Judge Bob LeBlanc granted Comins Motion To Dismiss the animal cruelty felony charges against him this morning. Thus the case never got the chance to be decided by a jury. Coverage by the Orlando Sentinel can be read here.
In every criminal case, the judge has the right to decide after hearing the prosecution's case that they have failed to prove the necessary elements required. It is rarely granted, but in this case, the court felt that there was not enough evidence to show malicious intent on the part of Comins. "This was not someone who was torturing an animal," LeBlanc said in granting the defense team's motion for judgment of acquittal. The defense argued that state law allows the killing of a dog to be used as a "good defense" if the dog is in the process of killing livestock.
I am not a criminal lawyer. I do understand that the judge has the right to be the gatekeeper to make sure frivolous prosecutions do not go forward. And I do agree that it is arguable that when Comins started out, he may have thought he was protecting livestock. But does that defense ever end? After five shots? Nine shots? Watch the video. Does there come a point at which the dogs are wounded and no longer a threat, yet shots continued to be fired with people in close proximity and the cattle safe? If he had killed a person with an errant shot at that point, would the defense still protect him?
And so one begins to see the reason why Marion County decided not to prosecute the shooter of the two Great Danes.
At least the dogs lived and Comins paid Butler to settle the civil case.
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written by Michael, January 12, 2011
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