Police defend dog accused of biting

By MIKE FAHER
mfaher@tribdem.com

November 16, 2005 11:33 pm

— Five years ago, Johnstown police officers chose to buy a dog named “Obi” because he was responsive and amiable, witnesses testified Wednesday.
The German shepherd sits at the center of a police-misconduct trial, with attorneys for Antonio Chatman of Johnstown claiming the canine was out of control during a 2001 encounter.
But on the third day of testimony in Chatman’s civil suit against the city and police officer Michael Page, a trainer said Obi had easily passed all tests.
“We picked Obi simply because he was a social dog,” said Garry Harvey of the Eastern Police Canine Association, which helps cops select and train dogs.
“He wasn’t out of control,” Harvey told jurors in federal court in Johnstown. “He would only bite when he was told to in training and when he was threatened.”
Chatman, 34, pleaded guilty to fleeing police and resisting arrest in connection with the Aug. 14, 2001, downtown chase. But he suffered multiple bite wounds and now claims police used excessive force.
Jurors are expected to decide the case today. Attorney Steven Ludwig, representing the city and Page, presented his case within a few hours Wednesday.
Chatman’s attorneys have presented evidence that Obi was known as a “biter” and failed to obey commands several times before the 2001 chase. But Harvey said the dog caused no problems during training the year before.
Police claim the dog continued to bite Chatman in an alley off Main Street because the suspect, who had two misdemeanor warrants for his arrest, continued to struggle.
“He’ll bite on command. He’ll bite when he’s threatened,” Harvey said. “That’s his job.”
Ludwig also called Page and police Chief Craig Foust to the stand. Both also had been called to testify Tuesday, so their statements were brief.
Chatman’s attorneys repeatedly have pointed out that Page carried no baton, but the officer said having one would not have helped.
“I don’t see how you’re going to use a baton when someone’s 50 feet or 100 feet away from you,” Page said.
The veteran officer also revealed he knew about Chatman’s long criminal history – including prior arrests for escape, assault and gun violations – on the day of the incident.
Asked whether that information influenced his decisions during the chase, Page said it did.
Foust also testified that his officers assume all suspects are armed “until it’s proven differently.”
The final witness testifying for Chatman’s attorneys, though, argued that city police did not act appropriately and did not follow their own policies on proper use of force.
“Most warrant services don’t include a dog,” said Paul McCauley, an Indiana University of Pennsylvania criminology professor.
“Mr. Chatman did not pose an immediate threat to anyone,” McCauley testified. “That dog should not have been released.”
Chatman is seeking unspecified money damages.