A Prince George's civil jury yesterday awarded more than $3 million to two admitted burglars who testified that a police canine officer released her dog on them after they had surrendered and been handcuffed.
After a two-day trial, the Upper Marlboro jury of three men and three women found that Cpl. Rosa Guixens acted with malice when she released her police dog on two suspects on a snowy night nearly four years ago.
It is the largest award a jury has ever made in a lawsuit alleging brutality by a Prince George's canine unit officer. Dozens of lawsuits in recent years have accused the county canine unit of excessive force, and a former canine officer was convicted last year of a federal civil rights violation for releasing her police dog on an unarmed man who had surrendered.
"I'm overwhelmed with the decision, and I'm also happy that justice is served. This is a victory for all dog bite victims," said Robert Zimmerman, who was awarded $2.5 million in noneconomic damages.
The jury also awarded Zimmerman $219.40 to cover his hospital bill for treatment of the dog bite and $6,000 in punitive damages. The award may be reduced, because Maryland law caps noneconomic damages at $575,000.
"We was telling the truth the whole while. I'm just glad the jury saw it the way we saw it," said Michael Andre Simms, who was awarded $500,000 in noneconomic damages and $2,000 in punitive damages.
Terrell N. Roberts III, the attorney for Zimmerman and Simms, said: "Very simply, the officer released her dog on two men who had given up. I think the jury was affected by that."
Associate County Attorney William A. Snoddy, who defended Guixens and the county, referred questions to County Attorney Leonard Lucchi. Lucchi did not return a phone call.
Zimmerman, 37, and Simms, 36, testified that Guixens put her dog on them after they had surrendered on the night of Jan. 8, 1999.
Zimmerman and Simms testified that they broke into a home that was under construction in Upper Marlboro and stole appliances, which they loaded into a truck. They later pleaded guilty to burglary and theft charges.
Police were called by someone in the neighborhood, and Zimmerman and Simms ran across a snowy field into some bushes when they saw officers arriving, the two men testified.
Zimmerman testified that he heard the dog and walked out with his hands up. At the direction of officers, he got on his knees and then lay facedown in the snow, he said.
As he was lying down, the police dog bit his left calf, Zimmerman testified. "It was very painful. It felt like a vise," he said. The dog was taken off him, and officers handcuffed his hands behind his back, he said. Moments later, the dog bit him again on the left arm. "Miss Guixens kept siccing the dog on me," he said.
At Prince George's Hospital Center, Guixens taunted him, calling him a "crybaby," Zimmerman testified.
Simms testified that he came out of the bushes with his hands up and followed orders to drop to his knees. After an officer handcuffed his hands behind his back, Guixens released the dog, Simms testified.
"I closed my eyes and took the pain," said Simms, who was bitten once on the leg.
Guixens, 35, who is no longer a canine unit officer, testified that Zimmerman was running when she released her dog from a distance of about 20 feet. Guixens said she could not see where exactly her dog bit Zimmerman and did not see the dog bite Simms.
Guixens has been sued at least one other time, for releasing her police dog in a school where a young man was removing asbestos. The dog bit the man. That lawsuit was settled for an undisclosed amount.
The county indemnifies officers for lawsuits arising from their on-duty actions and pays jury awards and settlements.
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