The Fulton County District Attorney’s Office will not prosecute an Alpharetta man who was attacked by a police K-9 last summer and arrested after resisting police officers.
Senior District Attorney Melissa Roth said in a court filing dated June 2 that after reviewing police bodycam video “the state believes a jury would find insufficient evidence to support a finding of guilt” against Travis Moya, 37.
Moya was indicted in April on three felony obstruction charges as well as misdemeanor obstruction for a police incident outside his home on July 25, 2021.
Videos show scenes of Moya’s interaction with officers that differ from the police report, his attorneys say.
Stewart Miller Simmons Trial Attorneys emailed a 30-second clip to The Atlanta Journal-Constitution Wednesday which shows Moya pinned face-down to the ground by officers and the K-9 named Ares mauling his shoulder.
Moya is heard screaming, “Get this dog off of me please.”
Moya’s attorney Chris Stewart said the law firm plans to file a civil lawsuit against the Alpharetta police department.
Stewart has said Moya was experiencing a mental health crisis when his stepson called 911 last July. The attorney says police used excessive force resulting in a concussion and multiple dog bite wounds.
Roth said in the court filing that the decision to not prosecute was shared with the officers involved in Moya’s arrest.
When the Alpharetta Police Department was asked to comment on this story, the city emailed the following: “The city of Alpharetta has considerable respect for the District Attorney’s Office and as a matter of practice, does not comment on the decisions of that agency.”
Last summer, Alpharetta Police Chief John Robison said in a statement that there was an internal review of the officers’ interaction with Moya and it was determined that there was no violation of departmental police or federal or state law regarding necessary use of force standards.
On Wednesday, Stewart said he believes police video shows Moya didn’t deserve to be charged and the past year has turned his client’s life “upside down.”
“You’re charged with something and it’s public on TV and it’s not fair,” Stewart said, adding that the upcoming lawsuit is intended to seek justice. “This could’ve sent that man to jail for nothing. He didn’t deserve it.”
11-minute video of Alpharetta police K-9 officer’s bodycam and interaction with Travis Moya
Credit: Courtesy Stewart Miller Simmons Trial Attorneys
