On Thursday, 4-3-97, at about 1630 hours, I heard SLTPD in pursuit of a stolen vehicle in the “Y” area. The vehicle was described as a yellow ’89 Ford Mustang convertible, Ca: XXXXXX. CHP took over the pursuit on Lake Tahoe Blvd at 3rd St. The suspect drove the vehicle into the Tahoe Mountain area with CHP and SLTPD still in pursuit. During the high speed pursuit, the driver of the stolen vehicle was forcing both vehicles and pedestrians off of the road. Several pedestrians were nearly run over by the stolen vehicle. I responded into the area with Police Service Dog “Tracker” to assist if the suspect fled on foot.
While I was enroute, I heard three SLTPD officers: Officer Smith, Jones and Thompson and one CHP officer: Officer Black, advise their dispatch centers that the suspect was cornered at the end of Tahoe Mountain. I then heard the officers’ report that the suspect was ramming the four police vehicles with the Mustang. I then heard Officer Smith put out that the suspect was attempting to run him over with the Mustang. I then heard Smith advise “shots fired”. Smith updated dispatch with information that he had fired upon the suspect, however the suspect rammed his way through and had escaped southbound on Tahoe Mountain in the Mustang.
Officer Smith advised that in addition to the stolen vehicle and felony eluding charges, the suspect was now wanted for four counts of assault with a deadly weapon on a peace officer.
At about 1640 hours, the suspect Mustang was found abandoned at Tahoe Mountain and Lake Tahoe Blvd. I arrived at about 1642 hours. I commanded Tracker to search the area by tracking the suspect’s scent. I focused the dog on the driver’s seat and the ground directly outside the driver’s door. Tracker immediately and actively started to work the ground scent left behind by the suspect.
The suspect was described as a WMA, about 20 years, burgundy jacket and short hair. I saw footprints located directly outside the driver’s door of the Mustang. These footprints appeared to be a “boot” type print with a “Vibram” type sole. I quickly diagrammed the footprint.
Tracker actively worked the ground scent left behind by the suspect, heading away from the Mustang in a northerly direction. This track was visually confirmed by an occasional footprint left either in soft dirt or snow. The prints that Tracker was following were the same prints as the ones diagrammed by me at the Mustang. The track then went northeast, heading towards the Echo View Estates area.
At about 1750 hours, Tracker had tracked about 1 to 1½ miles into the Echo View Estates area. At the same time, dispatch advised that the suspect was sited at a house in Echo View Estates at 1620 Lamor Court. Tracker was still tracking in the direction of that house and we were about 1/8 of a mile from it. Dispatch advised me that the suspect attempted entry at that address. He was chased away by neighbors who called 911. I received an updated suspect description: WMA, about 20 years, short hair, stocky, 6’4”, 240 pounds, rust colored jacket, shorts and hiking boots.
Tracker continued tracking. Within minutes, we tracked to the rear of 1620 Lamor Court. The dog continued in a northeast direction. I again saw the same boot print on the ground as the one at the Mustang. The prints Tracker was following were the same as those prints. Tracker continued to actively track the suspect’s scent. We continued east bound through a remote forested area. This area is commonly called the Twin Peaks area. The track continued eastbound over both of the Twin Peaks. I updated dispatch of my direction of travel and requested multiple units set up a new perimeter on Highway 50, east of Twin Peaks.
At about 1905 hours, after tracking the suspect about 4 miles and about 2000 vertical feet, Tracker started to indicate by increasing his tracking speed that we were near the suspect. Tracker’s speed continued to increase and I had to run to keep pace with him. I looked ahead of the dog about 50’. I saw a WMA, about 20 years, 6-4, 240, short hair, rust colored jacket, shorts and hiking boots standing looking back at me. This area is very remote, and I had not seen another person for about an hour.
I commanded Tracker into a down stay. The dog immediately complied. I took cover behind a large tree. At gunpoint, I ordered the suspect by stating: “Sheriff’s Office with a Police Dog. Stop or I’ll send the dog. Show me your hands, show me your hands, show me your hands…”. The suspect, later identified as John Doe, did not comply. He would not show me his hands as both were concealed in the jacket pockets. I ordered him to show me his hands several more times. Doe looked at me and said, “Shoot me, I want to die!”.
I quickly weighed these factors:
• The severity of the crime: Assault with a deadly weapon against four
Police Officers, vehicle theft, high speed vehicle pursuit, and resisting
arrest. Six felonies and one misdemeanor.
•
The suspect posed an immediate threat to my personal safety: He was
quite large, 6’4”, 240 pounds. He would not show me his hands.
He was not searched and it was unknown if he had a weapon(s). He had
already assaulted four Police Officers. I had no back up officers with
me as my original
cover officers had fallen behind me. I was out of breath and tired
from running after the dog.
• The suspect was actively resisting arrest and attempting to evade arrest
by flight: He would not show me his hands and he would not follow any
of my verbal commands. He had already fled about four miles. He had told me
that he wanted to die.
I also quickly evaluated my use of my force options to assist me in taking Doe into custody:
• Handgun: Even Doe had already used deadly force (the Mustang vehicle)
against four officers, I did not feel it was necessary to escalate to deadly
force, as Doe was about 100’ in front of me and I was behind cover,
a large tree;
• O/C spray: Doe was significantly beyond the distance range of my O/C. Since both of Doe’s hands were still concealed in his jacket pockets, he was not compliant and it was unknown if he was armed; I needed to remain behind my cover, the tree;
• Impact Weapon: Doe was significantly beyond the distance range of my impact weapon. Since both of Doe’s hands were still concealed in his jacket pockets, he was not compliant and it was unknown if he was armed; I needed to remain behind my cover, the tree;
• TASER: Doe was significantly beyond the distance range of my TASER. Since both of Doe’s hands were still concealed in his jacket pockets, he was not compliant and it was unknown if he was armed; I needed to remain behind my cover, the tree;
•
Police Service Dog Tracker: Tracker was the only use of force option
available to me. Doe was within deployment range of the dog and the dog’s
usage allowed me to remain behind cover.
With all of these factors in mind, I decided to use PSD Tracker to avoid a possible deadly force encounter and to assist me in taking Doe into custody. I ordered Tracker to seize Doe by biting. Tracker ran up to Doe. Doe took a fighting stance, bringing both of his hands quickly out of his jacket and out in front of him with closed fists, as a boxer would. Tracker jumped up and bit Doe on the upper left shoulder. This immediately knocked Doe to the ground. Doe began fighting and striking Tracker with his closed fists, repeatedly hitting the dog in the chest area.
Tracker yelped in pain as Doe repeatedly hit the dog with closed fists in his chest area. In addition, Doe began kicking the dog in the chest area. Every time Doe struck Tracker with closed fists and kicked him, Tracker would yelp in pain. Doe was attempting to kill or injure Tracker by repeatedly striking him with closed fists and kicks. Tracker’s bite and hold was not enough force to control Doe. Tracker was loosing the fight.
I moved up on Doe as Tracker continued to bite and hold him on the left shoulder, on the jacket. I could see Doe’s hands. They did not contain a weapon. Doe was in a prone position. I dropped down to my knees and straddled Doe on his lower back. As I attempted to grab and place Doe’s hands in a handcuffing position, Doe bucked me off of his lower back, onto the ground. I got back up, and took the same straddle position on Doe’s lower back, while Tracker continued to bite and hold Doe on the left shoulder. I grabbed and placed Doe’s hands into a handcuffing position and cuffed them. Doe yelled at me: “No, no, I don’t want to die this way!”
Once he was cuffed, I commanded Tracker to release his bite. Tracker immediately complied and released the bite. I commanded the dog into a down stay. The dog immediately complied and went down at the suspect’s head. I searched Doe and checked the handcuffs for proper tightness. I then double locked the cuffs. I asked Doe if he was injured. He replied “no”.
I notified dispatch of my status. After about 10 minutes of resting, Doe, Tracker and I walked out of the Twin Peaks area out onto Highway 50. Numerous law enforcement units were at this perimeter. I requested a SLTPD unit to transport Doe to Barton Memorial Hospital E.R. for a medical exam for the dog bite. In addition to the bite, Doe was cut and scratched about his legs and arms. These cuts were consistent with cuts from the dense Manzanita bushes that we had tracked through. I also notified the EDSO Watch Commander, Sgt. Brown of the canine apprehension.
I went to Barton to check on any injuries to Doe. Doe had no canine bites to his body. His left shoulder had bruising and redness upon it. Doe was wearing an insulated ski jacket. Under the jacket was a leather motorcycle jacket. Under that jacket was a sweatshirt. It appears that the canine bite from Tracker did not penetrate both jackets and the sweatshirt. Doe did not complain of any injuries.
Four (4) photographs were taken of Doe. Two photos of the bruising and redness to Doe’s left shoulder, one photo of the front of Doe, and one photo of the back of Doe. Those two photographs showed no additional injury to Doe.
I checked the soles of Doe’s boots. They matched in size and pattern to the shoe prints at the Mustang and throughout the track. (see my attached shoe print diagram)
I suffered numerous scratches and cuts to my face, hands and ankles. I do not recall how I was injured. I am assuming the dense Manzanita brush caused these injuries. My sheriff’s uniform shirt and pants were torn and shredded.
PSD Tracker appeared to be uninjured. The following day, April 4, 1997, Tracker was examined at our agency’s veterinary hospital. A chest x-ray revealed minor bruising to Tracker’s right side lung. This bruising was treated by oral antibiotics and light-duty for one week.
Created
and maintained by Terry Fleck. Contact: k9fleck@aol.com
Copyright © 1999
- 2008 Terry Fleck. All rights reserved.