A.C. man cites police brutality in K-9 incident
    By MICHAEL DIAMOND Staff Writer
    The Press of Atlantic City
    August 12, 2005

    A life-long Atlantic City resident has accused the Police Department of brutality by using a K-9 dog to apprehend him.

    John Perry, 53, claims he sustained more than 30 puncture wounds from dog bites that were closed through the use of surgical staples.

    Perry says several police officers were on top of him, pushing his face into the sand on the beach when a K-9 dog grabbed hold of his leg for more than 20 seconds.

    The K-9 officer ordered his dog, Storm, to let go but the dog apparently did not understand his commands, according to Perry and at least one eyewitness.

    "I kept hearing, 'Release, release' ...," Perry said. "And the dog just kept on biting, yanking on my foot and pulling me with him."

    Atlantic City Hilton security cameras captured some of what happened June 26, the day a free beach concert was held in front of the casino hotel.

    Perry's lawyer, Alan Lands, obtained a copy of the tape through a subpoena. Perry then provided a reporter with a tape earlier this week.

    Lands called on the Atlantic County prosecutor to investigate the incident and to review the tape.

    "First, the police made an improper arrest and then they used a dog to restrain someone when there was no reason to do it," Lands said. "It's clear that this was a handler that could not control his dog."

    Perry, an auto mechanic, said he has been unable to work and continues to walk with a limp.

    Lands has filed a tort claim notice, the first step that must be taken before a civil suit can be filed against the city. He claims Perry's civil rights were violated.

    Police Department spokesman Michael Tullio said it would be inappropriate to comment on Perry's allegations because of the tort claim notice. He noted that Perry has not filed a complaint with internal affairs.

    Lands said an internal affairs complaint will be filed after the civil case is concluded.

    Tullio declined to say whether the department conducted any type of investigation into the incident.

    Perry went to the beach that day to take his granddaughter home after the concert. He said he had learned that someone he knew had been injured in a fight. He began asking police and others what happened.

    There's no audio to the tape, but it's clear that police were upset with Perry's conduct. Some of the people Perry questioned became agitated with him.

    Perry admitted he had words with someone but backed away when that person started to confront him. Several officers filed police reports saying that Perry "flailed his arms" in a violent manner when they approached him.

    But the tape shows that Perry put his hands up in the air. When Ptl. Timothy Rose grabbed his arm, Perry pushed it away. Perry was then taken to the ground.

    It's difficult to see exactly what occurred next because people on the beach blocked the view of the cameras. The tape shows K-9 Officer William Jackson sending in his dog to restrain Perry.

    Jackson then tries to pull the dog away from Perry. Each time, Perry's leg comes up in the air. The dog just would not let go, Perry said.

    "It was the most painful 30 seconds I've ever endured," he said.

    Lands says the tape proves the handler didn't know how to get the dog to release.

    Jackson's police report said he used the dog to protect the officers from Perry as well as a crowd of people who had gathered around Perry and the officers.

    "The crowd was becoming hostile," Jackson wrote, noting that some people were rushing in to help Perry. He said Perry was continuing to resist arrest while officers had him on the ground.

    But Barbara Clark, a friend of Perry's who witnessed the incident, said Perry could not have resisted even if he wanted to.

    "There were three officers on top of him. They had one of his hands already handcuffed," Clark said. "All he asked was why are you doing this."

    Then within seconds, the dog grabbed his leg, Clark said, and the dog would not let go.

    "There was just no reason to have used that dog," Clark said. "They would have had him handcuffed in another couple of seconds."

    Police have charged Perry with resisting arrest and disorderly conduct, charges that are scheduled to be heard in municipal court Aug. 25.


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