Lawsuit claims East Liverpool officers allowed police dog attack to continue

EAST LIVERPOOL — A state prison inmate formerly of East Liverpool is accusing city police and one of its former K-9 officers of allowing the department's police dog to "viciously attack" him for at least 30 seconds before apprehending him.

Attorneys for William Barrett, who's currently incarcerated in a St. Clairsville prison, on Tuesday filed a lawsuit in Ohio's Northern District federal court against the city, its police department, ex-city K-9 officer Christopher Green and two other officers whom they alleged stood by and watched instead of intervening during Barrett's late July 2019 arrest.

That day, police were called to the Laura Avenue home of Barrett's father. Barrett's grandmother told police Barrett was unwanted at the residence, according to the complaint. When officers arrived, Green released his police dog, Nero, a Belgian Malinois, into the home. Barrett fled the home on foot while Nero, Green and the other officers gave chase.

Barrett surrendered a few blocks away, according to the complaint.

"At no time during the pursuit of Barrett did he assault or attempt to harm officers. Barrett did not brandish a weapon, nor was a weapon of any kind found on or about his person. Ultimately, Barrett was viciously attacked by the K-9 officer and his companion, K-9 Nero, as he laid neutralized and helpless on his stomach, with his hands behind his back," reads the complaint.

"During the attack, officer Green can be heard stating that he will not assist Barrett as Barrett frantically pleads for officers to intervene and cease the attack," reads the complaint.

City police officers Justin Watkins and Robert Smith, also named as defendants, "stood idly by" for about 30 seconds as Nero "mauled Barrett's leg," according to the complaint. Watkins reportedly concealed his chest-worn body camera with his hand during the attack and turned the camera away.

"Officer Smith's bodycam recorded a vast majority of the attack, so much so that during the attack he attempted to warn officer Green that his bodycam was activated by pointing to the camera on his chest," reads the complaint. "Initially, officer Green did not understand why officer Smith was pointing to his chest. ... [Green] attempted to justify his actions by stating, '100 percent justified, right.'"

Green's body camera was never activated, according to the complaint.

After Barrett's arrest, he was unable to walk and was transported to a hospital in an ambulance, according to the complaint.

None of the officers involved reported the incident to superiors.

Upon reviewing the body camera footage, East Liverpool police Capt. Chad Tatgenhorst was concerned, the complaint notes. He wrote a letter to Chief John Lane, which Mahoning Matters previously obtained through a public records request.

"I have great concern of the abilities of [Officer] Chris Green as a K-9 handler and as an employee of the East Liverpool Police Department," he wrote, later adding, "His actions during this incident were a blatant violation of [the suspect's] civil rights and use of excessive force and Green could be charged criminally."

Tatgenhorst, another city officer trained to handle police dogs, recommended Green be allowed to resign from the department, or face an investigation by county prosecutors. "If found guilty he should be terminated," he wrote.

Lane told Mahoning Matters in March he didn't agree with the captain's take on the incident. He sent body camera footage to police dog trainers, whom he said didn't note any malfeasance.

Tatgenhorst also recommended discipline for Smith and Watkins "for their failing to report the situation and for allowing and not stopping an attack on a non-combative suspect," reads the captain's letter.

Barrett's July 2019 arrest was one of three incidents involving Green and his police dog reported in just a year's span, Mahoning Matters previously reported.

A separate lawsuit filed in January against the city, its police department and Green alleges Nero accidentally tackled and clawed an innocent bystander while pursuing another suspect. The complaint alleges police pressured the man not to sue and withheld medical attention until he signed a statement to that effect.

Green was ultimately terminated from the department following an unrelated incident.

The new lawsuit levels 10 claims against the city, police department and the officers, including use of excessive force, intentional infliction of emotional distress, abuse of process, failure to intervene, civil assault and battery and civil conspiracy, for the alleged cover-up. Attorneys seek an unspecified amount in damages, at least $75,000.

Barrett is represented by Youngstown attorneys Frank Cassese and J. Gerald Ingram.

Court records do not indicate city officials have been served with the case.

Weeks after the July 2019 incident, Barrett was charged with a misdemeanor count of obstructing official business, Columbiana County court records show. He was charged the following October with felonies including burglary and breaking and entering, to which he later pleaded guilty.

Barrett was incarcerated in December 2020 and is expected to remain at Belmont Correctional Institution in St. Clairsville until at least May 2024 on those and various other felonies, according to state prison records.

This story was originally published July 27, 2021 at 2:54 PM with the headline "Lawsuit claims East Liverpool officers allowed police dog attack to continue."