Prosecutor’s hopes rest on argument for exigent circumstances in case against man accused of beating his dog to death
DAYTONA BEACH, FLORIDA — A judge agreed with attorneys for a Ponce Inlet man accused of beating his dog to death that police did not get consent from the suspect to enter his home, but still in question is whether officers acted legally, because of urgent circumstances, when they discovered a Labrador retriever puppy beaten to death in the backyard.
Travis Archer is charged with animal cruelty, a third-degree felony punishable by up to five years in prison, in the case that has sparked social media fury led by a local Facebook group demanding harsh punishment for the death of the dog, named Ponce. Archer, 43, was arrested shortly after midnight April 8 after he was accused of beating the black Lab puppy.
“There was not a valid consent given for the search in this case,” Weston said. “I think that the officer’s statement to Mr. Archer negated any voluntary aspect.”
Weston said specifically she would not consider Bines’ testimony on Tuesday that he heard the word “sit” when he approached Archer’s house when she determines exigency.
The judge will issue a ruling within 10 days on whether police entering Archer’s home was justified by exigency, meaning an emergency situation for which officers could not wait to get a search warrant.
In a video from an officer’s body-worn camera, a shirtless Archer stood behind the screen door in the entryway to his house and showed the slight cut on his hands to Bines and Officer Miguel Rodriguez. Bines asked to go inside the house.
“No, you guys don’t need to be in the house,” Archer said.
Archer told Bines and Rodriguez that the dog was fine and that they could not enter his house. Bines then told Archer that they had probable cause.
Bines’ body camera video was shown in the courtroom Tuesday, drawing gasps from Justice for Ponce protesters packing the courtroom. A few of the protesters begin to cry when they saw the dog’s crumpled body.
Archer was not present at the hearing on Tuesday at the S. James Foxman Justice Center. But before packing the courtroom protesters lined South Ridgewood Avenue with signs demanding punishment for Archer and tougher laws against animal cruelty.
Archer’s defense attorney Aaron Delgado said there were no emergency circumstances for police to enter Archer’s house. Delgado said that Bines did not hear or see anything that could lead him to believe that anyone was in danger and that the officers were not walking quickly or doing anything else that indicated there was an emergency.
But prosecutor Erica Kane said that the officers were just being careful that they didn’t rush into something and expose themselves to danger.
She said the abuse of the dog allowed police to enter the house.
“What is more exigent than an animal that is actively being abused,” Prosecutor Erica Kane said.
“I do believe that he allowed them in. He walked them all the way to the back,” Darino said of Archer.
POLICE BODYCAM VIDEO:
(Daytona Beach News-Journal - July 18, 2017)
Earlier:
