The Fulton County District Attorney’s Office plans to continue the prosecution of a former Alpharetta police officer involved in a 2021 K-9 attack, even after the officer received immunity from prosecution last month.
Senior Assistant District Attorney Aslean Zachary Eaglin filed a notice of appeal of Judge Robert McBurney’s motion granting immunity to Michael Esposito, who was the handler of the K-9 that attacked Travis Moya when he was being arrested outside his home in July 2021.
Charges against Moya, which included three felony obstruction charges as well as misdemeanor obstruction resulting from the arrest, were dropped by the DA’s office, which instead focused on prosecuting Esposito, even though a use of force expert determined that the use of force was proper and justified.
Esposito was indicted and charged with violation of oath by public officer, aggravated assault and aggravated battery. McBurney ruled that the deployment of the K-9 was reasonable and not excessive.
Moya suffered multiple dog bits wounds and a concussion. Prosecutors argued Moya’s injuries were of “great bodily harm,” while defense attorneys said the dog’s bite constituted non-deadly force.
“The Court need not resolve this dispute because it finds that under either standard Defendant’s deployment of (dog) was justified,” McBurney wrote in his order.
A body camera worn by Esposito shows 11 minutes of video from his arrival outside the Moya home, and events that unfolded after more officers arrived. Video includes Moya pinned face-down to the ground by officers and the K-9 named Ares mauling his shoulder.
McBurney noted that it appeared Moya was “in the throes of a manic episode” but said it did not justify “his aggressive, obstreperous behavior or his refusal to comply with the officers’ legitimate commands.”
“Ideally a less forceful intervention would have succeeded and Moya’s injury could have been avoided, but here -- despite the officers’ best (and repeated) efforts at a peaceable resolution -- force became a justifiable and arguably necessary option,” McBurney wrote.
Alpharetta Police Chief John Robison supported the officers’ actions after an internal review of the incident in August 2021. Esposito left his position in 2021.
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