LAKE WALES -- An internal investigation will determine whether a sheriff's deputy acted appropriately when he released a 70-pound German shepherd onto a Lake Wales man late Sunday inside the man's home.
Billy John Hornsby, 44, of State Road 60, suffered a dog bite wound on his elbow and scratches on his back. He was treated at Lake Wales Hospital early Monday and released.
Hornsby was charged at his home with assault on a law enforcement officer and resisting a law enforcement officer without violence, both first-degree misdemeanors. He was being held Monday night without bail in the Polk County Jail.
Deputy Steven Hearth thought Hornsby was a burglar, sheriff's Sgt. Alan Cloud said. Hornsby did not identify himself as the resident of the apartment, according to reports.
"It's unfortunate that it happened," Cloud said. "He didn't make any effort to ID himself."
About 10:30 p.m. Sunday, deputies responded to a call from a passer-by who said that someone had broken into a business at Park N' Sell Auto Sales, 3112 State Road 60, Cloud said. Hornsby lives in an apartment connected to the business and owns an auto repair shop next to Park N' Sell Auto Sales.
When Deputy Hearth arrived, he saw an open door at one of the businesses, the report said.
Hearth yelled several times that he planned to release a dog before letting the dog search for a suspect, according to reports.
As the dog searched, Lake Wales police Cpl. Jonathan McKinney found Hornsby on the floor in one of the businesses, Cloud said.
McKinney and Hearth thought Hornsby was a burglar and demanded that he raise his hands, reports stated. Holding the dog, Hearth repeatedly told Hornsby he would be attacked if he did not obey the order, Cloud said. When Hornsby balled his fists, picked up a shoe and prepared to throw it, Hearth released the dog, reports said.
Cloud, who arrived after the arrest, said the attack lasted about 10 seconds.
After the attack, Hornsby told officers he lived in the apartment, Cloud said.
Initially, officers did not believe him, but the property owner and landlord confirmed that Hornsby was a resident there.
Cloud said the State Attorney's Office will determine whether to proceed with charges against Hornsby.
John Chambliss can be reached at john.chambliss@theledger.com or 863-802-7539.
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