Police blame dog for attack Police blame dog for attack (November 26, 2004)

Changes in store for canine program

By Jon Wiener

Mountain View police have cleared officers of any wrongdoing in a police dog's attack on a handcuffed man last September.

Police Chief Scott Vermeer released results of the department's investigation into the incident Tuesday, declaring that the dog exited the police cruiser and attacked the suspect. According to the report, canine officer did not order the dog to do so, meaning that it "acted outside of its training."

"The dog exited the vehicle without being commanded and immediately was controlled by the canine officer upon engagement," the report stated. Vermeer attributed this to excitement caused by the arguing, sirens and the sight of the officer brandishing his weapon.

The report is consistent with the position the department first took in the days following the Sept. 4 incident. On that day, officers stopped Patrick Terry on the sidewalk while he was arguing with his girlfriend, and restrained him after he threatened them.

Tino, a German Shepherd in the police's canine unit, bit him in the leg while he lay face-down on the ground in handcuffs. The potentially explosive incident featured allegations of racial profiling by Terry, a black man.

Terry received several stitches and lodged a complaint with the NAACP, but has not followed through with plans to file suit against the city. An FBI investigation into the incident has not yet concluded, but Vermeer said Terry had not spoken with federal investigators.

According to the investigation, Tino was able to get out of the vehicle by climbing into the front seat and then out of an open window. The department has since installed permanent bars between the front seat and the back of cars carrying a canine. The three canine officers have also been ordered to keep the partitions between the front and back closed at all times.

Vermeer said the department will continue with its evaluation of the canine program and training. An independent canine expert will be advising the department on its training program.

Tino has continued to attend weekly training sessions, but Vermeer said he has not decided whether the dog will return to duty.
@email:E-mail Jon Wiener at jwiener@mv-voice.com

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