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Judge Dismisses 2 Remaining Counts Against Man Whose Rottweiler Fatally Shot By Hawthorne Police

LOS ANGELES (  — A Superior Court judge on Wednesday dismissed the final two charges against the man whose Rottweiler was fatally shot by Hawthorne Police nearly two years ago.

Police shot Leon Rosby's dog Max on June 30, 2013, when they said it advanced on them and threatened their safety.

Bosby was at a barricade situation taking pictures. Police moved to arrest him as they alleged he was interfering with their duties. Apparently acting on instinct to protect Rosby, Max jumped out of the backseat of Rosby's car to protect him.

Video of the dog being shot went viral and sparked international outrage.

RELATED STORY: Viral Video Appears To Show Hawthorne Police Fatally Shoot Dog

Los Angeles Superior Court Judge Lauren Weis Birnstein's ruling came after the defense filed a motion seeking the dismissal of two misdemeanor
counts alleging that Rosby obstructed police.

On March 9, jurors acquitted the 53-year-old man of the most serious charge -- a felony count of dissuading a witness. But the panel deadlocked on
the misdemeanors, with eight favoring acquittal, according to defense attorney Mark Geragos.

In his motion, Geragos wrote that "a retrial is unlikely to result in a  conviction," and that it would "constitute harassment, be a burden to the
defendant and a waste of judicial economy."

"I couldn't be happier," Geragos told reporters after the judge's decision.

"It's been a tumultuous and trying experience for the client. He never should have been charged in the first place."

Deputy DA Keri Modder objected to the charges being dropped.

"I would have liked to have tried the misdemeanors (again), but I have to go along with the judge's decision," she said.

Prosecutors alleged that Rosby confronted a woman who also videotaped the shooting. The Hawthorne Police Department released that video,
saying it showed more of what happened.

Rosby  filed suit against the city and Hawthorne police, alleging civil-rights violations and infliction of emotional distress.

(©2015 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)

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