Chatham Superior Court found Devante Bynes guilty of armed robbery and harming a police dog, but Mr. Bynes appealed, claiming that the State did not prove that he knew the dog was employed by the police. He choked the dog into unconsciousness, stating that it was a matter of self-defense after the dog bit him.
The Appeals Court agreed with the trial court because Devante Bynes fled from the police. Mr. Bynes then secreted himself in a crawlspace, choked the dog, and, when the officers caught up with him, was ordered to let go of the animal. The Appeals Court did, however, remand the case to the trial court because it erred in sentencing Mr. Bynes, having imposed a greater sentence than permitted by law.
Georgia Supreme Court Defines Hearsay in Prosecutor’s Indictment