Two From Pr. George’s Accused of Beating, Releasing Dog on Homeless Man Who Broke into Garage
by Ruben Castaneda, Washington Post
A Circuit Court judge yesterday threw out the most serious charges against two Prince George’s police officers accused of beating a burglary suspect with a baton and releasing a police dog on him without justification.
Prince George’s Circuit Court Judge E. Allen Shepherd granted defense motions to dismiss charges of first-degree assault, a felony, and reckless endangerment, a misdemeanor, against Cpl. James C. Partenza and canine Cpl. Mark Elie.
Shepherd also tossed out a charge of misconduct in office, a misdemeanor, against Partenza. On that charge, prosecutors had accused Partenza of failing to stop Elie from using excessive force.
Partenza and Elie are still charged with second-degree assault, a misdemeanor that carries a maximum of 10 years in prison. Elie also faces a charge of misconduct in office.
Prince George’s Assistant State’s Attorney Richard Allen Moore II did not contest the motions to dismiss the first-degree assault and reckless endangerment charges. They were thrown out minutes after prosecutors unsuccessfully attempted to call an expert witness to the stand to complete their case.
Prosecutors wanted Edward J. Dobbertin, former canine officer with the Tucson Police Department, to testify about whether Partenza’s use of a police baton and Elie’s use of his police dog conformed to sound law enforcement practices.
But defense attorneys challenged Dobbertin’s expertise, pointing out that his résumé does not describe him as an expert in the guard-and-bark method of canine training that county police say they have used for two years. Nor does his résumé describe him as an expert in the use of a police baton or in the use of force.
Shepherd agreed and barred Dobbertin from testifying. Partenza and Elie waived their right to a jury trial and are being tried by Shepherd.
Partenza and Elie, both 36, are accused of using excessive force early Jan. 20 at a Chillum gas station.
Hector Millan, 28, testified that he broke into the garage of the Sunoco gas station at Riggs Road and Eastern Avenue. Millan, who was homeless, said he wanted to get out of the snow. A man working in the office saw and heard Millan and called police, according to testimony.
Riding together, Partenza and Cpl. Joseph Diaz arrived first, and Diaz shouted into the garage that a police dog would be sent in if the intruder did not come out. Elie arrived and played a taped bilingual warning, then shouted another warning before he, Partenza and the police dog entered the garage.
Diaz testified that the dog found Millan and bit his left arm. At his direction, Elie took the dog off Partenza, then released the dog again moments later, Diaz testified.
Providing his first public account of that night, Elie testified yesterday that his dog began sniffing under the door of a toolbox -- behind which Millan was hiding -- when the door swung open and hit the dog’s snout.
The dog, Aussie, bit Millan on the left arm while Partenza swung his baton twice, then handcuffed Millan. Elie testified the dog was only released once, as Millan testified. Elie said he did not hear Millan say he was surrendering, contrary to Diaz’s testimony.
After Millan was handcuffed, Diaz clapped Elie on the back and said, “nice job,” as they left the garage, Elie testified.