Published: November 14, 2005 11:48 pm      

Police-dog bite lawsuit begins

Johnstown — Antonio Chatman claims he was savagely attacked and mauled – without provocation – by a Johnstown police dog.

City cops say they simply were doing their job, trying to stop a suspect with a warrant for his arrest as he fled down a narrow alley.

This week, a jury finally will decide who is telling the truth in the 4-year-old dispute.

Testimony in Chatman’s civil suit against the city and police Officer Michael Page began Monday. Jurors in Johnstown’s federal court heard from witnesses who claim the incident left the Johnstown man badly injured.

“Blood was dripping off his face, blood was all over his clothes, and he was drifting in and out of consciousness,” said Johnstown resident Heather Crotzer, a former girlfriend of Chatman’s who was with him the day of the incident.

The case dates to August 2001. City Officer Barney Solomon, having just finished his shift, spotted Chatman walking with Crotzer and the couple’s baby on Main Street.

Solomon remembered that Chatman, now 34, had a warrant for a misdemeanor charge and called in the sighting. Moments later, after Chatman had walked away from Crotzer, police descended on the scene.

“I saw patrol cars coming from every direction,” Crotzer testified Monday.

What happened next is a matter of dispute.

Chatman claims police issued no warning before releasing a K-9 dog, and says he already had given up and jumped on a Dumpster only to avoid being bitten.

“The use of force, once he was on that Dumpster, was excessive,” said Ebensburg attorney Tim Burns, a member of Chatman’s legal team.

Police officers say they gave Chatman plenty of warning. And they point out that Chatman later pleaded guilty to fleeing from police and resisting arrest.

“Antonio Chatman ran not because he was afraid of a dog,” said Philadelphia-based attorney Steven Ludwig, representing both the city and Page.

“He ran because he didn’t want to go to jail,” Ludwig said in his opening argument Monday. “He knew there was a warrant out for his arrest.”

In an earlier summary judgment, Johnstown’s U.S. District Judge Kim Gibson threw out Chatman’s civil lawsuit.

Chatman’s attorneys appealed.

In May, a 3rd U.S. Circuit Court of Appeals judge – while upholding portions of Gibson’s decision – ruled that Chatman can argue that his Fourth Amendment rights were violated. The amendment protects one’s privacy against unreasonable searches and seizures.

Due to the two conflicting versions of the incident, a jury, not a judge, should decide questions of fact, the appeals judge ruled.

On Monday, jurors walked a few blocks to the scene of the infamous dog bite – a short distance down an alley off Main Street. The bite made headlines at the time.

And they heard testimony from three witnesses: Solomon, Crotzer and Johnstown resident Aimie Cassidy, a friend of Chatman’s who visited his hospital room after the incident.

Chatman’s attorneys have said their client suffered injuries to his neck, shoulder, head and arms, as well as permanent scars.

“He couldn’t move,” Cassidy recalled. “I had to help him to the bathroom.”

While Crotzer portrayed Chatman as a caring father who often attends his daughter’s doctor appointments, testimony revealed that police were called twice due to disputes between the couple.

Solomon testified that, at one point prior to the biting, Crotzer asked him why police had not yet apprehended Chatman. Crotzer said she does not recall that conversation.

And the veteran city officer also recalled a police chase involving Chatman about five years before the 2001 arrest.

The trial is scheduled for the rest of the week, though it may not last that long. Today’s expected witnesses include Page, Chatman and city police Chief Craig Foust.

Chatman is seeking unspecified monetary damages.