COVINGTON, Ky. — An innocent man who had actually been oversleeping a hammock in the woods “withstood” Covington authorities by not reacting to their commands as an authorities dog bit him in June 2022, according to the Covington authorities K-9 officer’s usage of force report on the occurrence.
The victim, Sean Davis, submitted a federal suit last month versus the City of Covington and Officer Michael Lusardi.
The authorities dog was launched on Davis without alerting since officers incorrectly thought he was the individual who had actually been determined as concealing near a lady’s camping site in infraction of her defense order, according to the suit submitted in United States District Court in Covington.
Covington Police Department
According to Lusardi’s usage of force report, Lusardi, the authorities dog ‘Duke, and another officer looked for the suspect in a woody location near the Licking River.
They stopped at a campground with 2 camping tents.
“I provided loud statements determining myself as a Covington PoliceK-9,” Lusardi composed in his report. “I heard no reaction from anybody in the location so we cleared the camping tents and moved north along the course.”
Lusardi’s body-worn cam video — offered by Davis’ lawyer and examined by the I-Team — programs Duke heading much deeper into high plant life that’s challenging to see in the darkness without the officers’ flashlights.
The dog stopped near a tree about 50 meters from the camping tents, according to the authorities occurrence report.
“I thought PSD Duke was basing on the suspect,” Lusardi composed in his usage of force report. “In worry for mine and Officer Jones’ safety, I commanded PSD Duke to engage.”
Almost right away after Lusardi commanded Duke to ‘engage’ the individual in the woods, Davis is heard shrieking in evident discomfort on video tape-recorded by Lusardi’s body-worn cam.
In his usage of force report, Lusardi composed that he provided commands for the suspect to “reveal his hands.”
“I might not figure out if PSD Duke had a hold of the suspect or the hammock,” Lusardi composed. “As I got better, I observed PSD Duke had a hold of the suspect involved the hammock.”
Covington Police Department
Footage of the occurrence tape-recorded on Lusardi’s body-worn cam programs Duke biting down and pulling on Davis as he sticks his give out and up within 4 seconds of Lusardi’s very first command to reveal his hands.
According to Lusardi’s usage of force report, Davis withstood officers by ‘not reacting to commands.’
“I’m generally getting my arm detached,” Davis said. “I’m not resisting at all. I’m remaining as limp as possible since I understood it would most likely make it even worse.”
In his usage of force report, Lusardi composed that as Davis lay on his stomach and another officer attempted to handcuff Davis, Duke pulled the sleeve off Davis’ coat.
Lusardi composed that while he was attempting to break without the hammock’s cables, Duke bit Davis’ tricep.
After that, Lusardi composed, he got Duke by the collar and he commanded the dog to launch his grip on Davis.
Duke launched Davis, according to Lusardi’s report.
According to making use of force report, the ‘situational elements’ that night consisted of Davis concealing his hands and overlooking the officer, and the suspect’s ‘history of violence.’
The report likewise declared Davis presumably averted arrest by ‘stealth’ and by ‘hiding.’
“He presented no risk to anybody and he was never ever offered an order or the chance to comply,” Davis’ lawyer Anita Washington said.
According to making use of force report, Davis wasn’t detained. But authorities body-worn cam video reveals after the dog bit him, officers handcuffed Davis behind his back for 37 minutes till he was dealt with and launched from a health center.
Covington Police Department
Davis wasn’t charged, according to authorities records.
The City of Covington blacked out the last 2 lines of Lusardi’s usage of force report and edited more than thirty minutes of audio on among the body-worn cam recordings. But city authorities have actually not explained why they did that.
According to Davis’ suit, the City of Covington and Officer Lusardi breached his civil liberties by utilizing extreme force, attacking him and purposefully causing psychological distress.
Covington Police Chief Brian Valenti, City Manager Ken Smith and a lawyer representing the City of Covington and Officer Michael Lusardi decreased to discuss the suit.
But in a court filing, the city and Lusardi rejected the suit’s claims — including that Lusardi was “acting within the course and scope of his work” which Davis’ “injuries and/or damages were triggered exclusively as an outcome of his own acts or omissions.”
