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Justine2371

what is the statute of limitations on filing charges against K9 dog biting suspect

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On December 24, 2017 my boyfriend was arrested on a DOC warrant.  He went and hid in attic, during that time the police were getting a search warrant. About an hour and half later they entered the home and could not find him, my mother-in-law told them she thinks he might have went up in attic. They kept calling for him but no answer (He had fallen asleep). They had his Mom try and call him to come down, knowing my boyfriend he would do anything for his mother.  She told them maybe he passed out or fell asleep.  They were calling for him for a good hour to hour and a half  ( so this is 2 1/2 hours he has been in attic).  They kept saying if you don't come down we are going to send up the dog,  They never once checked to see if anyone was up there, for all we know a kid could have gone up there (as his mom didn't see him go up there she assumed and she is 81 years old).  So about a half and hour later they threw the dog up there.  A few days later when I went to see him in jail he said " I woke up to the dog growling in my ear and the next thing I know he bit me in the head then the ear"  The K9 officer said "quit strangling my dog". and you hear my boyfriend telling the to "call off your dog"  which they did not do right away.  Again I asked my boyfriend what happened and he told me" I grabbed the dog by his mouth and pushed him away then put my boot up so he would bite my boot instead as he kept going for my face and head.  After he was in custody they took him to the hospital (where I sat in waiting area), while there the Dr. in ER said he is going to need reconstructive surgery on ear and a MLPD  officer Welsh said " no because that would mean we would have to send an officer and that would cost money"'  So the Dr. put 14 staples in head along with 13 stitches and multiple stitches in ear but left the inner part of his ear open.  They sent antibiotics and some antibiotic cream to be administered three time a day to his ear.  Well lets just say this this the nurse at Grant County jail in Ephrata WA, just gave him his cream for his ear February 1, 2018.  He has terrible headaches, he thinks they left mesh in ear, and he cannot hear any longer out of ear.  The nurse at the jail also told him if I have to go upstairs to get you an Ibuprofen its going to cost you $10 so you better hope there is one down here.  He also has sent 3-4 kites asking for medical attention and all of them have been ignored. As of today February 19 he is still in jail.  His Doc officer gave him 23 days for the violation.  The State is trying to charge him with Escape community custody (he only has 4 violations), 2 obstruction charges and cruelty to an animal.  First of all I know of multiple people on DOC with 20 plus violations and they are not getting charged with Escape community custody.  And the cruelty to animal charge the officer checked dog next day and he was just fine, but really what did they expect him to do when the do repeatedly kept biting him and the officer never once tried to call his dog off until my boyfriend said your dog will not stop biting me call him off.  The K-9 dog known as Chicka is a Belgian Malinos.  I have a friend that rode in the K-9 car and I quote she said "I rode with officer Rik and his K-9 to Ephrata and it was clear to me the dog was malnourished, he stunk and was clearly in control of officer Rik." "It even appeared that he was intimidated by his k-9". If u could please help me or give me some ideas thank u for your time and consideration  Justine E, Green

 

one more thing here is a picture someone sent to me from the ER room of my boyfriends ear (i found out later it was a nurse in the ER, I guess she waited until the cops left then took picture.  The only reason I think she took picture is because she did not think it was right what the dog did to him)

 

 

 

Edited by FindLaw_JY
Photo removed

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Please remove the revolting photo. It has nothing to do with the legality of the situation.

 

So your boyfriend was evading the DOC on purpose, thought he would hide in an attic, and after being warned that a dog was being sent up, attacked the dog and is surprised the dog did not take to that kindly? Your bf doesn't seem very bright. Based on what you shared, no, he does not have a case against the police department/DOC.

 

 

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The police officers are NOT going to go into an attic to see if anyone is there before they send in the dog. That is what the dog is for!  If the dog brought you friend to bay and he kicked the dog in the face he got what he should have expected.  JEEZ!

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He may complain to the prosecutor about it if he wants, but I suspect that no charges will ever result agains the cops for sending the dog up to there to get him. He knew he was wanted and purposely hid in the attic to avoid capture. The cops are allowed to send in the dog first for their safety. As to what happened once the dog got up there, well, your boyfriend’s story may not be the truth or at least not all of it. He’s not likely to tell you something that might be used against him later, after all, at least if he has any sense. 

 

If the jail or prison was negligent in providing him medical treatment for the injuries he had, however, he may have a good lawsuit against the jail/prison for that.

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