ALPHARETTA, Ga. — The Fulton County District Attorney’s Office plans to appeal a judge’s ruling after charges were dropped against a former Alpharetta police officer accused of using excessive force by releasing a K9 on an unarmed man.
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Judge Robert McBurney ruled that the actions of the officer, Michael Esposito, on that day were justified. According to the judge’s 13-page ruling, the use of the K9 dog was in self-defense against an unarmed man, Travis Moya.
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The incident, captured on cell phone video on July 20-21, took place at Moya’s home after police were called during what was described as a manic episode. Police officers said Moya was not complying with their commands.
Esposito released his dog, which attacked Moya and bit him several times. Moya’s family stated that he was unarmed and on the ground during the attack.
Esposito was later fired and charged with aggravated battery, aggravated assault, and violation of oath of office.
Judge Robert McBurney described the case as challenging, but found that Moya’s refusal to comply did not warrant lesser force from the officer. The judge acknowledged Esposito could have used less force, but ultimately ruled that releasing the dog was justified.
The Fulton County District Attorney’s Office disagrees with the ruling.
Channel 2 Investigative Reporter Ashli Lincoln got a statement from Brian Watkins with the Fulton County DA’s’ office, reading:
“We are reviewing all means to have the matter reconsidered including appeal as we believe the decision was erroneous. It is our position that at the time the dog was deployed on Mr. Moya that neither Officer Esposito nor the other three officers were under threat of any immediate harm or physical bodily harm at that time.”
Lincoln reached out to Moya and his attorney for comments, but they have not responded.
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