By Shayna Jacobs
DNAinfo Reporter/Producer
MANHATTAN CRIMINAL COURT — A suspended marine charged with savagely beating a Broadway actress' Yorkie was released Wednesday after 40 days in jail — and will now likely see charges dropped as part of a plea deal.
Joseph Graves, 31, was all smiles leaving court after pleading guilty to misdemeanor animal abuse for kicking Emmitt, who was listed as both 6.7 and 10 pounds on various court documents. With his actress-girlfriend Ashley Yeater at his side Wednesday, Graves kicked off his bright orange jail shoes and hailed a cab barefooted.
Graves had been in jail as part of a deal that had him pleading guilty after serving time. He will be able to revoke his plea and see the charges dismissed after he serves 200 hours of animal welfare-related community service and undergoes psychiatric treatment.
He allegedly beat the small dog, belonging to Yeater, so badly the dog had six broken ribs and extensive bruises when he was taken to the veterinarian two days later. Emmit had surgery to have his eye removed because of the injuries.
Graves will have to stay away from Emmit for two years under an order of protection.
Graves' lawyer, Timothy Parlatore, said the dog is doing fine now and that the injuries to the dog were an accident.
"It's a tragic set of circumstances that really should have never been brought it criminal court," Parlatore said.
When the charges are dimssed there should be no reason the suspended Marine would be denied reentry to the military, the lawyer added.
