Court of Appeals, Filed April 25, 2013
Not a complicated case: Individual suspected of stabbing a juvenile ran from police and was confronted by police K-9 handler when he was found hiding in a backyard with his hands in his waistband. Upon refusing several orders to show his hands and surrender, and after being warned of the consequences, the canine was released. The suspect fought the dog, striking him repeatedly in the head and opening a 1/2 inch gash above his eye.
Suspect charged with § 10-606. Aggravated cruelty to animals prohibiting
“except in the case of self-defense, intentionally inflict bodily harm, permanent disability, or death on an animal owned or used by a law enforcement unit.” CR §10-606(a)(3).
The case is fairly straightforward, but has some implication for self-defense. The Court of Appeals noted that “petitioner’s assertion of self-defense cannot succeed because he invited (‘provoked’) the conflict, thus failing to meet the third required element.” This was based on the suspect’s flight from police and refusal to surrender to police when discovered. Thus, even though it was the police dog that physically approached the suspect first, the suspect still “provoked” the conflict.