In an opinion issued last week, U.S. Magistrate Judge Jerusha Adams wrote that if the footage is released ahead of trial, it could unfairly prejudice potential jurors.
It took two years for the family’s lawyers to see the bodycam video. After obtaining copies, the lawyers described the footage in a court filing, saying the bite lasted nearly two minutes and the handler struggled to get the dog to release Pettaway.
Pettaway bled as police dragged him out of the house and onto the sidewalk to wait for an ambulance, according to the filing. He died at the hospital. Barber, the K-9 handler, testified in a deposition that he had to choke the dog until it could not breathe and was nearly unconscious in order to get Niko to let go of Pettaway’s groin.
About five minutes after the bite ended, the filing says, another officer outside asked Barber, “Did ya’ get a bite?” Barber responded, “Sure did, heh, heh .” The officer asked: “Are you serious?” Barber replied. “F**k yeah.”The lawsuit accuses Barber of excessive force and also alleges that the city is liable because it had a policy prohibiting officers from rendering first aid that could have saved Pettaway’s life while he was lying on the sidewalk.
Judge Marks will hear oral arguments next month as both sides ask her to grant their motions for summary judgment, which happens when a judge decides a case in favor of one party against another without a full trial., they said they tried again this time because the court previously suggested that it would be more open to consideration of releasing the videos after the plaintiffs and defendants in the lawsuit completed depositions and filed their final motions for summary judgment.
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