Video reveals more details in K-9 incident

Friday, October 10, 2014
This still image taken from a video recording shows a Carroll County Sheriff's Office K-9 running toward a handcuffed suspect during an incident Sept. 20 in Green Forest. The dog ignored numerous commands to release and bit the man for approximately 90 seconds.

A Carroll County Sheriff's Office K-9 that attacked a suspect during an incident in Green Forest bit the suspect's thigh for approximately 90 seconds despite a deputy's repeated commands for the dog to release, a video recording of the incident shows.

The video shows the deputy cursing at the suspect twice -- once while the man is being bitten by the dog and once after the dog releases.

The Carroll County News obtained a copy of the video recording earlier this week.

The incident occurred on Sept. 20. Green Forest officers were called to an apartment complex where 24-year-old Brennan Badley was reportedly inside a residence and had a gun.

CCSO Deputy D.J. Harlan and his K-9 partner, Tyson, arrived on the scene to assist the Green Forest officers.

According to a report by Green Forest officer Tucker Mallett, Badley ran out the back door of an apartment and the officers followed and quickly persuaded Badley to surrender.

The video recording, which appears to be from a camera on Harlan's person, begins with Badley walking toward the camera with his hands on top of his head. A Green Forest officer is then shown approaching Badley with his weapon drawn, and Badley turns his back to the officer and kneels on the street. The Green Forest officer approaches as Badley places his hands behind his head. The Green Forest officer then pushes Badley into a prone position.

At the same time, Tyson can be seen in the foreground of the video, yelping and apparently excited.

A second Carroll County deputy then moves closer to assist the Green Forest officer and someone can be heard saying that Badley has a knife in one of his pockets. At this point, approximately a minute and five seconds into the video, Tyson is barking loudly and appears to be tugging on his lead while Harlan attempts to calm him.

Approximately one minute and 40 seconds into the video, Harlan and Tyson move to a different location on the left of the suspect.

At the 1:50 mark a voice that is apparently Harlan is heard saying "He had something. Where's it at?" At this point a Green Forest officer is standing above Badley, with one leg on each side of the suspect.

At approximately the 2:35 mark the Green Forest officer cuffs Badley's hands behind his back. The Green Forest officer then steps to Badley's right side and at the 2:59 mark, Badley rolls slightly onto his left side and appears to speak to the Green Forest officer.

At the 3:02 mark, Tyson appears to pull away from Harlan. At this point, one Green Forest officer is on Badley's right side and a second is on his left side.

Tyson reaches Badley at the 3:04 mark and bites Badley on his left thigh.

As Badley screams in pain, Harlan first calls Tyson's name and then steps toward Badley and tells him not to move. At this point, Badley is rolling onto his right side.

Badley can be heard saying "Get that dog off me," and then curses twice as he continues to writhe in pain.

"Stop ****** movin'!" Harlan says with a raised voice around the 3:20 mark.

"I'm sorry," Badley responds.

Harlan appears to order Tyson at least three times to release but the dog does not let go of Badley's leg.

"Please, please, please," Badley says. "Please pull that dog off me."

Harlan can then be heard calling Tyson's name two more times, while the dog can be seen with his mouth still on Badley's thigh.

"Please. I can't be still much longer," Badley says.

"Why is he not lettin' go?" another voice says.

Harlan appears to give the command for Tyson to release again, but the dog continues to bite Badley's leg.

"Get a bar and put it in his mouth or somethin'," Badley says, followed with a curse word that is repeated twice.

At approximately the 4:29 mark, the camera appears to show Harlan backing up, and the dog is no longer biting Badley.

Badley rolls into a seated position, then rolls face down again.

"When I say don't move, don't move, please," Harlan says. "... When we have a K-9 sittin' there, don't ***** move, until you're told to."

Harlan can then be heard saying, apparently to the other CCSO deputy, "Go get in the car."

The video ends at the 5:42 mark.

Badley was transported to Mercy Hospital in Berryville, where he was treated. According to Mallett's report, Badley admitted throwing a gun while being chased by officers. Another Green Forest officer located the gun.

After being treated, Badley was arrested on a previous warrant for first-degree criminal mischief, according to Mallett's report. He was not charged in connection with the incident that resulted in the dog bite.

Mallett wrote in his report that Badley's medical expenses were paid by CCSO.

In an interview before the video recording was obtained, CCSO Lt. Michael Zimmerman explained that the dog reacted to Badley's movement according to his training, noting that Tyson hasn't attacked other suspects once they were on the ground.

"It's not like this particular dog just runs and bites anyone who is around," he said. "There are specific things he looks for. This guys rolls over on his right side and Tyson thinks he's trying to run away."

Zimmerman said that the attack occurred because the arresting officers and the county officers were not communicating well, which is "necessary" when dealing with police dogs.

"When a K-9 team is on the scene, everything needs to be communicated," Zimmerman said. "No one communicated with the K-9."

Tyson is an 8-year-old Belgian Malinois, according to Zimmerman. On a separate video recording taken while Badley was being treated at the hospital, a voice says that Tyson "has titanium teeth."

Zimmerman said Tyson has one titanium cap.

Carroll County Sheriff Bob Grudek did not return messages left at his office and on his cell phone by press time.

Green Forest Police Chief John Bailey said he understands that mistakes can happen, but he was frustrated that CCSO officials attributed the incident to a lack of communication.

"I don't understand why they want to try to blame anyone else," Bailey said. "... Generally when you have this kind of failure it's due to a lack of training. ... I believe it was an accident. The dog was excited, got loose and unfortunately the man got bitten. If we had a dog that did something like that it would be standard procedure that the dog would be offline until evaluated and re-certified."

The video can be viewed below. Please note that it is graphic and includes profanity. It may be disturbing to some viewers.

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  • CCSO doing the wonderful job they do. They will come in to Green Forest when their assistance is not requested but yet they refuse to help with the drug problem in Oak Grove. The handler of the dog needs to be reassigned. He is completely at fault for this incident. Maybe this will make people see that our county department has "gone to the dogs". Time for a change.

    -- Posted by bosshawg on Thu, Oct 9, 2014, at 8:41 PM
  • Lack of training? In a big way. The dog is supposed to be under the deputy's control. It is clear that he wasn't.

    -- Posted by Gearhead on Thu, Oct 9, 2014, at 8:41 PM
  • Sad excuse for cops. Dog was only doing what he was trained to do. Cops were abusive and arrogant. Above the law so to speak. Needs an investigation. Leave the dog on the force get rid of the rest of them.

    -- Posted by donna goodnight on Fri, Oct 10, 2014, at 1:26 PM
  • in my opinion, the officer needs to be fired and the poor dog needs to be euthanized at this point as it seems to have, unfortunately, become a threat to the general public. it obviously cannot correctly execute the announced commands asked of it and is therefore a threat to not only the general american public, but also to the moron's (cops) handling him as well.. he has been trained to be aggressive and cannot follow the command to let go of the individual given by it's own handler (a cop whom we as the american public are lead to believe to trust to enforce and make these calls of action in situations like this) i wonder if the handler has also encouraged this poor dog to be even more aggressive while on scene. most K-9 handlers take their k-9s home with them after their shift's and who knows what that particular officer is teaching the dog when he is in that officers personal home. he could be hindering the proper training this dog has had...but not like i really care about the cops safety, i hope the cop get's his face chewed off by his own K-9 while he's sleeping..

    -- Posted by TrentFan01 on Fri, Oct 10, 2014, at 1:58 PM
  • Looks like Mr. Badly spun the Wheel of Misfortune and came up with an all expense paid education and retirement package from the Carroll County taxpayers, courtesy of Carroll County Sheriff's Office.

    If a K-9 unit is that poorly trained, both the dog and the officer need to find another line of work before someone gets seriously injured or killed.

    Police usually shoot a dog who attacks them, a rabid K-9 canine deserves the same.

    -- Posted by Crouching Cop Hidden Liar on Fri, Oct 10, 2014, at 3:33 PM
  • Thats the dog that is always going to the schools to show kids, right?

    i guess sometimes dogs act on their instinct. maybe the dog sensed danger.

    I do feel bad for the guy that got bitten- the one officer was yelling for the guy not to move, because the dog will bite harder if they move....

    -- Posted by zweisamkeit on Fri, Oct 10, 2014, at 3:41 PM
  • Dear god elect Mayfield. End of dog-or the county won't have a dime left-period.

    -- Posted by Judy54 on Sat, Oct 11, 2014, at 9:51 AM
  • NO JUSTICE NO PEACE! ( I always wanted to say that. )

    -- Posted by Indian Andy on Sat, Oct 11, 2014, at 10:49 AM
  • How in the heck did the dog pull out of the handler's hand? The officers should have shot that dog, or at least begun kicking his head He was out of control and attacking a handcuffed person on the ground. This is just another example of police gone bad and police brutality.

    -- Posted by Chickm1 on Sat, Oct 11, 2014, at 8:39 PM
  • I hope the department gets sued!!!!! the suspect complied, he didnt resist, he did everything perfectly as instructed. The handler needs to be fired ASAP for LOSING POSITIVE CONTROL of HIS WEAPON (DOG).. SUE SUE SUE SUE... What really t-d me off was the handler trying to JUSTIFY the attack to the camera by commenting NOT TO MOVE to the suspect. The suspect merely turned his head before the doughnut eating handler got the leash pulled from his dainty lil hand and old fido went to town chewin on a completely SUBDUED and DEFENSELESS man.. SUE SUE SUE,,

    -- Posted by Cruc on Sat, Oct 11, 2014, at 8:51 PM
  • It is difficult to understand how such a thing could happen--but the silence coming out of the sheriff's department is what is really strange. You would think we'd get some kind of official explanation. This event, plus the Acuna-Sanchez fiasco is just too much. The whole county criminal justice system is flawed.

    -- Posted by RoseO on Sun, Oct 12, 2014, at 11:20 AM
  • BS! This dog is not properly trained and his handler wasn't either! I train dogs professionally, and if this dog was properly trained and handled this would not have occurred. In the dog training profession we call this "poor stimulus control" and most certainly any dog trained to do this type of work would have it. I train the people in my basic pet dog classes to have good stimulus control. Working dogs - which I have also trained need even more! And the dog wasn't "apparently" yelping and excited. He was over-aroused, lunging and out of control. People need to understand it is not the dog's fault for failing to respond properly - it is totally the fault of the trainer, the training methods, the handler and the supervisors who allowed this team to be out on the streets with this level of incompetency.

    -- Posted by prodogtrainer on Sun, Oct 12, 2014, at 9:41 PM
  • ELECT RANDY MAYFIELD!!

    ELECT RANDY MAYFIELD!!

    ELECT RANDY MAYFIELD!!

    We need someone who will hold the Carroll county cops responsible for what they are doing. Grudek lets them do whatever they want regardless of who it hurts. They have too much power and not enough supervision. Grudek throws his weight around on things that don't matter to the public.

    This video is just wrong on so many levels. The guy was just laying there. I'm not sure if the dog or the officer needs better training, but the cop definitely needs to be reprimanded or fired! How the heck did that dog get loose, unless the officer dropped his lease on purpose? That's what it looked like to me. Surely he is not so weak that the dog broke loose.. If that's the case, he has no business having that dog with him. And after it happened, the officer was not trying very hard to get the dog loose. I agree that the guy that got bit needs to sue Grudek. The officer seemed nearly afraid to get the dog loose, like he did not want to get bit. He wasn't trying very hard.

    -- Posted by CarrollCountyPoster on Tue, Oct 14, 2014, at 3:22 PM
  • If that were my brother,son,or anyone I knew,I would be ******.All 3 of those officers should be let go,and that dog needs to be put down.That man did what he was told to do,and there was no reason for that dog to have been in the equation.I hope he sues the hell out of them!

    -- Posted by Peaches65 on Tue, Oct 14, 2014, at 9:42 PM
  • The K-9 handler needs to be fired...he obviously cannot do his job...the dog needs more training and the other officers just standing there with their thumbs up their *** should be fired as well...not much trust in law enforcement anymore...this guy should sue the hell out of the officers and the county...

    -- Posted by turtleboy on Tue, Oct 14, 2014, at 10:16 PM
  • The dog is not stupid i'm sure,probably smarter than the police. Maybe it sensed something about Badly that the cops don't or didn't know.

    -- Posted by der Gipfel on Fri, Oct 17, 2014, at 9:50 PM
  • There was no HIPAA violation. "Law Enforcement Purposes. Covered entities may disclose protected health

    information to law enforcement officials for law enforcement purposes under

    the following six circumstances, and subject to specified conditions: (1) as

    required by law (including court orders, court-ordered warrants, subpoenas)

    and administrative requests; (2) to identify or locate a suspect, fugitive,

    material witness, or missing person; (3) in response to a law enforcement

    official's request for information about a victim or suspected victim of a

    crime; (4) to alert law enforcement of a person's death, if the covered entity

    suspects that criminal activity caused the death; (5) when a covered entity

    believes that protected health information is evidence of a crime that

    occurred on its premises; and (6) by a covered health care provider in a

    medical emergency not occurring on its premises, when necessary to inform

    law enforcement about the commission and nature of a crime, the location of

    the crime or crime victims, and the perpetrator of the crime.34" Pay attention to pages 7,8, and 9. More information at: http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/privacysummary.pdf

    -- Posted by rockpilefarmer on Thu, Oct 23, 2014, at 9:31 AM
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