The U.S. Department of Justice has dropped its inquiry into whether a Florida man's civil rights were violated when he was attacked by a Mountain View police dog.
The decision concludes government investigations into the Sept. 4 incident, when Jacksonville, Fla., resident Patrick Terry was bitten on the thigh by a German shepherd during a confrontation with police.
An internal investigation by Mountain View police, another by an outside consultant hired by the city of Mountain View, and now the Department of Justice review each found no wrongdoing. But civil lawsuits may yet be filed, a representative for Terry says.
Police approached Terry on the 2700 block of El Camino Real, believing that a late-night sidewalk argument between Terry and his girlfriend was escalating into domestic violence.
The dog, named Tino, escaped from the back seat of a police car by jumping to the front seat, where either a door or a window was open, then bit Terry without being ordered to do so by an officer. Terry, who was handcuffed and on the ground at the time, required stitches and was not arrested in the incident.
Terry believes that he was stopped, and that the dog attacked him, because he's a 6-foot-7 African-American who was with a petite white woman. He alleges that the incident is an example of police brutality and racial profiling.
Terry was unavailable for comment Tuesday.
Under the advice of an attorney, Terry refused to be interviewed by the FBI, according to Rick Callender, president of the San Jose/Silicon Valley chapter of the National Association for the Advancement of Colored People.
Because of that, Callender said, it was inevitable that the Department of Justice would say there wasn't enough evidence to prosecute a civil rights violation.
The local NAACP chapter and Terry are considering filing a lawsuit in regard to the incident, said Callender, who has been advising Terry since the incident.
Also on Tuesday, the Mountain View city manager released a memo to Mountain View Police Chief Scott Vermeer saying that the consultant hired to review Tino's conduct had recommended the dog be returned to active service.
Vermeer said Tuesday that squad cars in the department's canine unit now have bars separating the back seat from the front, preventing a similar incident.
"I have complete confidence in our canine program," Vermeer said.
But Callender said he believes the solution isn't just about bars in squad cars. The dogs need better training to not attack unless called upon, he said.
"You don't want out-of-control officers, nor do you want out-of-control dogs on the street," Callender said. "I'm a little concerned that their only reaction is to put dog restraints in the car."
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