VIERA, Fla. – A trial could begin Thursday for Sebastian police Officer Eric Antosia, who is charged with the death of his K-9 partner, Diesel.
State investigators said the 14-year Sebastian officer was working in court in April when Diesel died of a heat stroke inside a hot patrol car outside the courthouse.
It was 88 degrees on Friday, April 28, which set a heat record for that date.
The officer's attorney said because Antosia was not driving his own patrol car that day, he's not at fault for being assigned a vehicle without the safety measures to alert him when the car got too hot and automatically roll down the windows, even if the vehicle was off.
"He did nothing that would make him criminally accountable. My client lost a partner. It's been very difficult for him to lose," defense attorney Greg Eisenmenger told News 6 Wednesday.
The judge in Antosia's case denied a motion to dismiss charges last month.
Sitting in a preliminary hearing Wednesday, Antosia still faces up to a year in jail, if convicted.
"The death of this particular animal was most likely the result of mechanical failure of this vehicle. He's not responsible for that," Eisenmenger said. "The dog was checked on during the times it would have been appropriate."
Antosia's attorney said disputing a claim from investigators that Diesel was left in the car for hours
"It is not supported by any of the facts that I have seen," Eisenmenger said.
Jury selection at the county courthouse in Viera is scheduled for Thursday morning.