Jurors clear police dog

By MIKE FAHER
mfaher@tribdem.com

Johnstown November 18, 2005 12:00 am

— Four years, three months and three days after police Officer Michael Page released his dog during a heart-pounding chase, the veteran Johnstown cop can breathe a little easier.
After only 90 minutes of deliberation Thursday, a federal jury decided Page did not violate the constitutional rights of Antonio Chatman, who was bitten repeatedly by a police dog named Obi in 2001.
The jury also cleared Page and city officials of any negligence, ending a four-day trial spurred by Chatman’s civil lawsuit.
“We knew from the very beginning that Officer Page was right in what he did,” city Police Chief Craig Foust said after the verdict. “Sometimes in police work, it has to be proven to other people.”
Chatman’s attorneys said they may continue their fight with the case’s second appeal to a higher court.
“It’s been a long battle,” attorney David Beyer said. “I don’t think it’s over.”
When an off-duty police officer spotted Chatman strolling with his girlfriend and baby on a hot August afternoon in 2001, he unknowingly set a four-year battle into motion.
Chatman, who had three warrants for his arrest at the time, does not deny attempting to elude a swarm of officers descending on Main Street.
But he claimed police did not warn him before releasing the German shepherd. The ensuing confrontation left Chatman with injuries on his head, neck, shoulder and arms, as well as permanent scars.
The trial included an in-depth discussion on police-dog training and handling policies and an intense dissection of Obi’s behavior.
It also featured a lengthy recap of Chatman’s criminal history, including prior arrests for escape, assault and firearms possession. Police officers say that rap sheet was on their minds during the chase, but Chatman’s attorneys say jurors should not have heard it.
“That had no bearing whatsoever in this case,” Beyer said afterward.
Chatman contended police had no justification for releasing Obi.
Beyer tried to drive that point home during his closing arguments Thursday, waving Chatman’s bloody shirt in front of jurors.
“We are not savages,” Beyer said. “We don’t allow citizens to get mauled by a dog because they have a few misdemeanor warrants on them.
“This case is about arrogance – unbelievable arrogance,” Beyer added.
But police said the dog was properly trained and simply doing its job – especially considering that Chatman ran and then allegedly would not stop struggling even after Obi landed a first bite.
“Did he ever say to Officer Page, ‘I surrender’ or ‘Stop?’ No, he said nothing,” attorney Steven Ludwig, representing the city and Page, said in his closing statement.
“Antonio Chatman was the cause of his injuries,” Ludwig said. “Antonio Chatman could have and should have decided not to run.”
Chatman’s suit originally was dismissed in a summary judgment by Johnstown’s U.S. District Judge Kim Gibson.
But a 3rd U.S. Circuit Court of Appeals judge in May said the case should go before a jury since there was dispute about the incident’s basic facts. Gibson presided over this week’s trial.
On Thursday afternoon, Page shook hands with and thanked the jurors who cleared him. The 35-year-old also said the threat of a lawsuit can haunt officers as they make split-second decisions on the street.
“You have these type of things in the back of your mind,” Page said. “And unfortunately, that hesitation may cause me or somebody else to get hurt.”
The 12-year veteran of Johnstown’s force was not removed from his duties after the Chatman incident. And he is scheduled to work this weekend.
“I’m going home to relax,” Page said. “It’s been a long week.”