Attorney Brandon Moermond said he requested to withdraw due to Bai’s “inability to communicate with counsel and follow advice.”
Moermond said Bai also joined the request for him to leave the case.
Butler County Common Pleas Judge Keith Spaeth granted the withdraw and scheduled Bai’s jury trial for Jan 13. He is scheduled to be back in court with a new attorney on Jan. 10 for a pre-trial hearing.
Bai’s November trial was cancelled at the request of the defense that was awaiting an Ohio Supreme Court ruling that could affect his case.
Bai is accused of capturing a cat then slamming it to the ground at a Hamilton apartment complex, causing the animal grave injuries. The cat was euthanized due to its injuries.
Bai’s former team of attorneys filed a motion to have the charge dismissed citing the pending case before the Ohio Supreme Court questioning the definition of a companion animal which raises the charge to a felony.
In the motion, the attorneys questioned if the cat was a companion animal or a “feral cat” because “the cat was not owned by anyone in the apartment building, nor did it live in anyone’s home.”
Earlier this month, the high court issued a unanimous decision saying a cat or dog does not need to be “kept” in order to be protected under the law. It reversed a decision by the Eighth District Court of Appeals that found the felony-level statute only applied to pets that received care from someone.
Butler County Prosecutor Michael Gmoser acknowledged the supreme court ruling and said Bai’s case will move forward with a plea or a new trial date.
Bai is free on $50,000 bond.
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