In a statement to 10 Tampa Bay News, the Hillsborough County State Attorney’s Office said, in part, it did not have a “good-faith basis” to continue the prosecution.

TAMPA, Fla. — Criminal charges have been dropped against the man who was accused of leaving his dog tied up to a fence along I-75 during Hurricane Milton, court records show.

The Hillsborough County State Attorney’s Office filed a “Noelle Prosequi” document on Wednesday, also requesting the withdrawal of any outstanding warrant in the case. 

The dog, later named “Trooper,” was found abandoned in belly-high flood waters just hours before Milton was expected to make landfall in October 2024. At the time, troopers posted a video showing the moment they found the dog near Bruce B. Downs Boulevard.

The incident drew widespread outrage from the community, eventually prompting lawmakers to pass “Trooper’s Law,” making it a third-degree felony to restrain or abandon a dog outside during a natural disaster. Anyone who violates this law could face a five-year prison sentence and a fine of up to $10,000.

The law officially went into effect on Oct. 1.

Just days after Trooper was found, his owner, Giovanny Aldama Garcia, was arrested and charged with felony aggravated animal cruelty. During the initial investigation, court records had said that Garcia’s mother, Mabel Garcia Gomez, 53, stopped their car on I-75 during the family’s evacuation to Georgia from heavy rain, letting the dog out of the vehicle. Garcia said he last saw the dog in standing water and left it behind.

In a statement to 10 Tampa Bay News, a spokesperson for the Hillsborough County State Attorney’s Office acknowledged that the case stirs many emotions and “ethical questions.”

However, the statement also said, in part: “During the deposition and discovery process in this case, we determined that we did not have sufficient evidence to prove that the defendant intentionally tied the dog to the fence in rising flood waters.”

The state attorney’s office added it did not have a “good-faith basis to continue this prosecution,” and there was “insufficient evidence” to support that Trooper was tied to the fence with a rope, despite initial reports.

“As a result, we cannot meet our burden of proving aggravated animal cruelty beyond a reasonable doubt,” the state attorney’s office wrote.


Where is Trooper, the dog, now?

After nearly two months following the incident, Trooper found his forever home. 

According to the Leon County Humane Society, as soon as he met his new mom and dad, Frank and Carla, it was a “perfect match.” During their first meeting, Trooper was reportedly immediately at ease. 

RELATED: Trooper, the dog found tied to a fence ahead of Hurricane Milton, has found his forever home

Previous 10 Tampa Bay News reporting contributed to this article.