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WEST JORDAN — Jeffrey Ryans says he was shifting slowly and steadily when cops arrived at his home in April 2020, in shock once they started shining flashlights towards him.
“I used to be type of simply confused on what was happening,” Ryans testified in courtroom on Tuesday.
Ryans claimed he didn’t know there was a protecting order in place prohibiting him from being on the household home, and mentioned he was making an attempt to maintain his fingers within the air to keep away from hassle with the police.
He mentioned he was bracing himself on the fence with one hand in an try to assist decrease himself to the bottom, however as his left hand was pulled behind him by one officer, and his left knee hit the bottom, he felt the jaws of a police Ok-9 sink into his leg.
Ryans advised the story to a jury, who will finally resolve if the actions of the Ok-9’s handler, Salt Lake City police officer Nickolas Pearce, amounted to assault.
Pearce, 42, of Herriman, was charged in third District Court with aggravated assault, a second-degree felony. He is accused of ordering Ok-9 Tuco to chunk Ryans on April 24, 2020, though Ryans says he had his fingers raised and was already complying throughout a home violence name.
Deputy Salt Lake County legal professional Andrew Deesing mentioned throughout opening arguments that Jeffrey Ryans had been residing on the home for a number of months — though there was a protecting order forbidding it, his spouse was permitting him to remain within the home.
Deesing confirmed physique digicam footage of the arrest and claimed the motion from Pearce was not affordable, which he mentioned is why it must be thought-about an assault.
“I’m on the bottom! I’m on the bottom! Why are you combating me?” Ryans says within the footage because the canine begins to attack. Meanwhile, Pearce could be heard repeatedly telling the canine it is a “good boy.”
Deesing mentioned Ryans went via six months of bodily remedy and nonetheless has no feeling in his leg beneath the knee.
“(Pearce) arrived as a police officer; he left as an assailant,” Deesing mentioned.
Pearce’s legal professional, Nathan Evershed, talked about his consumer’s coaching utilizing police Ok-9s for 10 years, together with as an teacher. He mentioned officers are educated to make selections shortly, particularly when coping with people who find themselves recognized to be violent.
Evershed mentioned home violence is severe, and the incident police had been responding to in April 2020 was a “harmful, scary and violent scene that was single-handedly brought on by Jeffrey Ryans.”
Based on police rules, Evershed argued that Ryans needed to be taken into custody. He mentioned when the canine attacked, Ryans had his hand on the fence and was crouched, in what seemed like a “fight-or-flight position.”
Evershed mentioned every part continued usually till September 2020, when the media reported there was a video clip of the incident, inflicting an uproar after which a police investigation. He mentioned the extent of drive used was affordable, declaring that Pearce had ordered Ryans to get to the bottom a minimum of eight instances.
“No one likes to see drive used, however generally it should be used,” Evershed mentioned. He advised the jury they’d perceive the total context and discover Pearce harmless.
Prosecutors issued a subpoena to Salt Lake City Police Chief Mike Brown to testify within the case. He mentioned he was “troubled and anxious” when he noticed the physique digicam footage. Brown objected to the subpoena, and Pearce’s attorneys requested for his testimony to not be used at trial. But on Dec. 23, 2023, Judge William Kendall denied their request, deciding that Brown might testify if known as by the prosecutors.
“Chief Brown beforehand held a press convention to particularly deal with this and different associated instances. If Chief Brown had the time to carry that press convention, then Chief Brown has the time to testify on this case if he’s known as to take action,” the order mentioned.
The trial started on Tuesday and is scheduled to undergo Friday.
