By Mark Thiessen
Associated Press
ANCHORAGE, Alaska — Two Alaska State Troopers who pepper-sprayed, struck, stunned and used a K-9 on a man in a case of mistaken identity have been charged with assault, authorities said Thursday.
Charging documents said the troopers — K-9 handler Jason Woodruff and Sgt. Joseph Miller — thought they were dealing with Garrett Tikka, a man wanted for failing to serve a 10-day sentence for driving with a revoked license, on May 24 when they checked out an SUV parked in the Kenai Peninsula community of Soldotna, southwest of Anchorage.
Instead, the man inside the vehicle was Garrett Tikka’s cousin, Ben Tikka, according to the charges filed Tuesday by the Office of Special Prosecutions in the Alaska Attorney General’s Office. The arrest left Ben Tikka bloodied and in need of surgery to repair muscle lacerations. He also suffered a fractured shoulder, cuts to his head and an open dog bite on his left upper arm.
During a news conference Thursday announcing the charges, authorities said they would not release body-worn camera video that captured the arrest until after the criminal case is resolved. But James Cockrell, commissioner of the Alaska Department of Public Safety, said he had never seen anything like it in his 33 years with the department.
“I was totally sickened by what I saw,” Cockrell said.
Woodruff’s attorney, Clint Campion, did not immediately return a message seeking comment. Online court records did not list an attorney for Miller, and The Associated Press was not immediately able to find valid contact information for him.
Miller, 49, is a 14-year employee of the Alaska State Troopers, most recently assigned as a shift supervisor in Soldotna. Woodruff, 42, has been with the troopers for 16 years.
They were each charged with one count of misdemeanor assault and are due to have an appearance at state court in Kenai on Sept. 10. Both have been placed on administrative leave, Cockrell said, and the department is reviewing some past cases they have been involved in for possible policy violations.
The case began with a call about possible illegal camping in a vehicle at a dog park in Soldotna. The troopers had been advised that the SUV was associated with Garrett Tikka, but they did not confirm who was inside it before telling the occupant he was wanted on an outstanding warrant and ordering him out, the charges say.
Ben Tikka responded that he was not the subject of any such warrant, and he did not immediately exit the vehicle.
Miller smashed a rear window with a baton and then fired pepper spray inside. When Tikka got out, Miller kicked him in the shin, punched him in the back of the head or neck, and stepped on his head. He then repeatedly used a stun gun on him as another trooper, who was not charged, tried to handcuff him — at one point, Miller accidentally stunned the other officer, according to the charging papers.
As Tikka, lying face-down, placed his hands behind his back, he was repeatedly bitten by the police dog, named Olex, which had also bitten its handler, Woodruff, minutes earlier, the documents say. Tikka tried to move away from the dog and Woodruff commanded it to continue biting; the dog did so, attacking Tikka even as Tikka complied with commands to put his hands up and begged, “Please stop the dog. Please stop the dog.”
The dog has been taken out of service, Cockrell said.
Only as Tikka was being taken to a hospital did another trooper confirm he was Ben Tikka, not Garrett.
The troopers arrested Ben Tikka on several counts, including fourth degree assault for placing troopers in fear of physical injury. The Kenai District Attorney’s Office later dismissed the case.
Deputy Attorney General John Skidmore said the state has previously filed excessive use of force charges against police officers in Bethel and Anchorage, but he couldn’t recall such charges being filed against a trooper in the 25 years he’s been with the state.
According to charging papers, Miller told investigators that no force would have been used if Tikka had simply exited the vehicle and complied with commands. When asked if the force used by officers in this situation was reasonable, he replied: “From my understanding, yes.”
The investigators, with Alaska Bureau of Investigation, said Woodruff told them he was following his training in using the dog on Tikka. He described Tikka as “super pissed” when he got out of the vehicle.
“Was he throwing punches or anything like that? No. However, he was still resistant,” the charging papers quoted Woodruff as saying.