COCOA, Fla. – A former Cocoa police officer is not facing charges in connection with the death of a K-9 named Zena almost a year after she was found dead in the back of her handler’s hot car, according to an update provided by the State Attorney’s Office in Brevard County.
The 2-year-old K-9 was found dead on June 23, 2021 when her handler went to check on her during a training class in Melbourne, department officials said right after the incident occurred. Upon finding the dead dog, the handler said, “She’s dead!” “I told them so!”
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Todd Brown, a spokesperson with the State Attorney’s Office in Brevard County, told News 6 on Thursday:
Our office like many others were deeply saddened at the loss of Cocoa Police K-9 “Zena.” Police K-9′s serve a vital role in protecting the citizens of their community, along with their law enforcement partners. We know that every effort is made by their agencies and handlers to ensure their well being in what is often a dangerous, and difficult assignment.
After subjecting the criminal investigation conducted by the Melbourne Police Department to a thorough review, our office did not elect to file a criminal charge. Based on the totality of the evidence and unfortunate circumstances that led to the K-9′s death, we did not believe that prosecution of Officer Viera-Gonzalez was warranted. Additionally Officer Viera-Gonzalez was removed from the Cocoa PD K-9 unit and would no longer serve in that capacity.
State Attorney’s Office in Brevard County
News 6 received a statement from Cocoa Police Chief Evander Collier on Thursday, saying that he recommended the officer be suspended without pay before Gonzalez eventually resigned.
The death of K-9 Zena was tragic for all of us and we did not take it lightly. Zena’s handler was immediately removed from all K9 related activity. A thorough investigation was conducted by the Melbourne Police Department, which sought to pursue criminal charges through the State Attorney’s Office. According to the State Attorney’s Office, based on the totality of the evidence and unfortunate circumstances that led to the K-9′s death, they did not believe that prosecution of Officer Viera-Gonzalez was warranted. Following this conclusion an internal affairs investigation was initiated at my direction. The internal affairs investigation concluded several policy violations were made by former Officer Viera. I recommended the officer be suspended without pay. Once the officer was notified of the suspension, he resigned.
We have always placed a high priority on the safety and well-being of our canines, and we will continue to do so.
Cocoa Police Chief Evander Collier
The incident happened in the parking lot of Eastern Florida State College’s police academy on a nearly 90-degree day, Melbourne police said at the time.
The investigation found the car’s emergency alarm and fan never turned on and Officer Viera Gonzalez, who was in charge of the dog, waited more than four hours before finally returning to the parking lot.
Melbourne police said Gonzalez also made comments about how he was aware the vehicle had a history of mechanical problems. Another K-9 officer said the 2014 Chevy Caprice was a spare police car and not the usual K-9 vehicle Gonzalez drove. That officer said the regular vehicle’s emergency cooling system could run even when the car was turned off, but for the spare car, it did not function unless the car was running.
After a doctor said K-9 Zena likely died from a heat stroke, a Melbourne police investigation recommended an animal cruelty charge against the officer responsible for caring for the Belgian Malinois.
‘’Canine Zena was unnecessarily tormented and killed,’’ the report reads.
Officers said they inspected the K-9 officer’s car the next day at the police building on Babcock Street before it was impounded.
“The Cocoa Police Department is heartbroken to announce the passing of our newest patrol dog K-9 Zena,” the agency wrote in a news release last year.
While the charge of animal cruelty was recommended, the State Attorney’s Office decided not to prosecute. The state attorney’s office also told News 6 that Cocoa police removed the officer from its K-9 unit.