This browser does not support the Video element.
Man sues St. Cloud after K-9 bite during police encounter
A 71-year-old man has filed a lawsuit against the city of St. Cloud after being bitten by a police K-9 during a confrontation outside his home. New body camera footage from officers at the scene provides additional context to the encounter, showing both the bite and the aftermath.
ST. CLOUD, Fla. - A lawsuit has been filed against the city of St. Cloud after a man was bitten by a police K-9 during a confrontation outside his home.
New body camera footage provides additional details of the encounter, showing the K-9 attack and the aftermath.
What we know:
A 71-year-old man, Manuel Martinez, has filed a lawsuit against the city of St. Cloud after being bitten by a police K-9, Koda, during an encounter outside his home.
One report described Martinez as having "become irate, and began aggressively approaching officers," though Martinez maintained he was complying. Body camera footage shows him arguing with officers as they ordered him to get on the ground.
Police said they feared Martinez might reach for a weapon, though he was unarmed and his hands were visible throughout the incident.
A corporal pushed Martinez face-down onto the grass while K-9 Koda bit his arm. Officers later described Martinez’s movements as an "offensive ground fighting position," though Martinez’s attorney, Dan Tharin, criticized the use of force.
CLICK TO DOWNLOAD THE FOX LOCAL APP
The confrontation stemmed from an earlier incident in which someone allegedly was struck with a firearm. Police interviewed witnesses, but no injuries were confirmed, and one person was reportedly intoxicated. St. Cloud officers later coordinated in a nearby park to plan a call to Martinez to either interview or detain him depending on his compliance. Martinez maintains he was attempting to follow their instructions.
No charges were filed in the initial incident. Martinez spent several days in the hospital following the K-9 bite and later required additional surgery on his shoulder.
K-9 handler under scrutiny
Officer William Wager, who deployed Koda, is under scrutiny. He previously failed an application to other agencies, did not pass St. Cloud’s written exam on his first attempt, and has only one prior reprimand for insubordination in 2023.
What we don't know:
It remains unclear why officers approached Martinez with long guns, sidearms, tasers, and a K-9 unit for what was intended as a question session.
The lawsuit does not yet detail what compensation Martinez is seeking or how the city plans to respond. Investigators continue reviewing body camera footage and police reports.
The backstory:
Police reportedly met earlier in a nearby park to plan the encounter with Martinez, which could have involved an interview or detention depending on his compliance. Martinez says he believed he was following instructions when approached by the heavily armed officers.
What they're saying:
Martinez’s attorney argues that the police overreacted, applying excessive force to a compliant individual.
"He was in a completely submissive position right then. And they could have asked him any questions they wanted. Why force his face into his own grass? I'm not sure what the purpose of that was," said attorney Dan Tharin.
SIGN-UP FOR FOX 35'S BREAKING NEWS, DAILY NEWS NEWSLETTERS
"I really don't understand why there were long guns along with sidearms, tasers, and a canine unit to go ask a 71-year-old man some questions," Tharin added.
"This could have been handled calmly. As soon as he comes out of his home armed with what is clearly a phone and nothing more. Why weren't the guns dropped, and the conversation brought to a normal tone?"
The Source: This story was written based on information shared by the St. Cloud Police Department and by attorney Dan Tharin.