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St. Cloud PD facing lawsuit after K-9 bites man
An Osceola County man is suing the City of St. Cloud and its police department, alleging excessive force after officers ordered him outside his home, shoved him to the ground and unleashed a K-9 that bit him as he complied with commands.
ST. CLOUD, Fla. - An Osceola County man is suing the City of St. Cloud and its police department, alleging excessive force after officers ordered him outside his home, shoved him to the ground and unleashed a K-9 that bit him as he complied with commands.
The encounter unfolded when the person was called outside by police in connection with an alleged fight.
The backstory:
Manuel Martinez, 71, received a call from the City of St. Cloud and St. Cloud Police Officer William Wagner, asking him to come outside his house to talk with police. He was accused of getting into a fight at a restaurant earlier in the day and hitting someone in the head with a gun.
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Martinez walked out unarmed and saw officers with rifles had already surrounded his house. They told him to put his hands in the air and get on the ground, which he did.
The lawsuit focuses on the moments that follow.
The body cam
Once Martinez gets on his knees, officers shout, "Get on the ground, or you’re going to get bit!"
"I am on the ground!" Martinez shouts back.
An officer goes over and shoves him onto his stomach.
Less than 1.5 seconds later, K-9 Koda was biting his arm and shoulder.
"Stop resisting!" officers shouted.
Another video angle taken by a bystander shows that as Martinez goes to the ground, another officer walks up with the rifle pointed into his chest while Koda shakes his arm.
"Get your hand off my gun!" an officer shouts as Martinez flails around with the dog’s teeth piercing him.
When K-9 Koda releases Martinez, three officers start placing Martinez in handcuffs. The officers accuse him of fighting and threaten to sic Koda on him again.
Another officer slings his rifle to the side, and pulls out a Taser instead.
It’s only then that officers tell Martinez why they’re there.
The lawsuit
The lawsuit asks for payment for the surgery Martinez needed after that, plus damages. The claim alleges the bite, "was carried out…with deliberate indifference to the Plaintiff’s health, safety and welfare."
What they're saying:
Body camera video shows Officer Wagner explaining what happened to a lieutenant.
"The foreman goes to push him on the ground. He starts fighting with them on the ground, so then that’s when I put the dog on him. He was actively resisting on the ground with the officers," Officer Wagner says.
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"Why did… Okay. So he was fighting with officers on the ground. Coupled with felony suspect?" the lieutenant asks, processing the information.
"Yup, answers Officer Wagner."
Martinez’s charging affidavit describes the incident simply: "Martinez came out of the residence and sustained a dog bite."
The City of St. Cloud declined to comment on the case, or on whether the officers were disciplined in any way following this incident.
The State Attorney's Office wound up dropping the charges, saying they didn't have enough evidence to prosecute the case.
The Source: This story was written based on information shared by the City of St. Cloud, the St. Cloud Police Department, the state attorney for the Ninth Judicial Circuit of Florida and court filings.