foreign [Music] welcome to audit the audit where we sort out the who and what and the right and wrong of police interactions this episode covers eluding police dog bites and medical care and is brought To Us by police activity WKYC channel 3 and WSYX ABC 6's channels be sure to check out the description below and give them the credit that they deserve on July 4th 2023 a State Trooper in Jackson County Ohio attempted to pull over 23 year old truck driver jadarius Rose after noticing a missing mud flap on the truck while the trooper claims that Mr Rose made direct eye contact with him he did not stop and the trooper called for backup after about 20 minutes Mr Rose finally pulled over they're wrong it's like kind of line you don't give a several opportunity [Music] thank you all ready to pull back out okay we took off again we're heading northbound 23. he rolled the window down looked at us rolled it back out we're Northbound 48 miles an hour passing War Road in Ross County update for Canadian after Mr Rose saw officers with guns drawn he drove away from the Stop and the officers began to follow and attempted to pull them over again during the chase Mr Rose called 9-1-1 and the audio from the call was later shared by Cleveland news station WKYC channel three I was about to comply with them but they all had that gun units and the pursuit I have the guy in the semi on 9-1-1 he's complaining that you guys had his guns pulled out on him I don't know why they're trying to kill me yes they are obviously they're doing stuff in the on the ground trying to explode at the time and then soon like they're trying to kill me okay sir you need you need to comply with them you okay because you're they're in pursuit of you you need to pull over you're going to get yourself in more trouble than what you're already in despite the operator's suggestion that Mr Rose pulled over he did not stop and kept driving until the officers brought the truck to a halt using so-called Stop Sticks which are spiked bars that flatten the vehicle's tires under section 2921.331 of the Ohio Revised Code which defines the offense of failure to comply with an order or signal of a police officer quote no person shall operate a motor vehicle so as willfully to elude or flee a police officer after receiving a visible or audible signal from a police officer to bring the person's motor vehicle to a stop generally a violation of this statute is a misdemeanor of the first degree however the statute also states that the offense is a felony of the fourth degree quote if the jury or judge finds that the offender was fleeing immediately after the commission of a felony and a felony of the third degree if the jury or judge finds that quote the operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property or now quoting again the operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property while there's no publicly available information that suggests that Mr Rose was fleeing after committing a felony and no harm to any individual or property was reported it is possible that a court could conclude that Mr Rose created a substantial risk of serious physical harm if there is any evidence that he drove recklessly or otherwise endangered property or someone's safety on the other hand it was reported that Mr Rose drove the speed limit for most of the chase so it is also possible that a court could conclude that only a conviction for the misdemeanor offense would be appropriate come to me you know one bit closer do not do not let them don't release the dog do not release the dog with his hands up do not release the dog with his hands up do not release the dog with his hands up though get the dog off of it get it out [Applause] after Mr Rose exits the truck he stands with his hands up K-9 Officer Ryan Speakman of the Circleville Police Department orders Mr Rose to get on the ground and threatens to have his dog bite him if he does not comply while state troopers tell Mr Rose to come to them and repeatedly shout to officer Speakman not to release the dog when Mr Rose does not get on the ground officer Speakman releases the dog and Mr Rose drops to his knees keeping his hands in the air officer Speakman then orders the dog to attack and the dog bites Mr Rose and appears to hold its grip for more than 30 seconds although the Circleville police department has not made its policies publicly available CNN was able to review the Department's policy manual for the use of police canines and reported that a canine may be used to apprehend a suspect quote if the canine Handler reasonably believes that the individual has committed his committing or is threatening to commit any serious offense CNN also stated that the policy manual authorizes such a use of a canine if the Handler has a quote reasonable belief the suspect poses an imminent threat of violence or serious harm or now quoting again if the suspect is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance based on these sections it seems likely that officer speakman's actions were a violation of Department policy although it is possible I could reach a different conclusion if I were to review the full policy manual in addition to potentially violating Circleville PD policy officer Speakman likely subjected Mr Rose to unconstitutional excessive force by sicking the dog on him as we have discussed many times before here on ATA the Supreme Court held in the 1989 case of Graham versus Conor that when determining whether a police use of force was excessive courts must consider factors including quote the severity of the crime at issue whether the suspect poses an immediate threat to the safety of the officer or others and whether he is actively resisting arrest or attempting to evade arrest by flight applying these factors the sixth Circuit Court of Appeals which has jurisdiction over Ohio held in the 2013 case of rainy vs Patton that quote it would be clear to a reasonable officer that employing a police dog against an unarmed suspect detained on the basis of a traffic offense who was on the ground not attempting to flee would constitute excessive force in reaching this conclusion the court noted that quote the cases granting qualified immunity to the officer highlight the importance of facts establishing that a suspect has failed to surrender or has yet to be apprehended and has been given the opportunity to avoid an encounter with a dog before its employment when such facts have not been present use of a police canine has been deemed unreasonable as Mr Rose was clearly surrendering it seems likely that a court would conclude that officer speakman's deployment of a canine was excessive force However the fact that an individual is raising their hands in surrender is not always sufficient for a court to conclude that a canine apprehension is unreasonable for instance in the 2018 case of Baxter versus Bracy the sixth circuit concluded that officers were entitled to qualified immunity for using a canine to capture a suspect who had his hands in the air noting that the suspect was hiding in an unfamiliar location after fleeing from the police and posed an unknown safety risk the court also argued that there was no identified case law that suggested that raising hands on its own was enough to put an officer on notice that a canine apprehension was unlawful accordingly it is conceivable that given the extended Pursuit that was required to stop Mr Rose and the fact that he did not comply with officer speakman's orders to get on the ground a court could conclude he posed a potential safety risk and that the use of a canine was therefore reasonable [Applause] don't understand you don't understand stop squeezing it nobody buddy we're trying nobody's trying to hurt you [ __ ] you just let a dog bite me all you do is come to me I was coming all the guns pointing at me how you do this thing to respect you you got a gun appointment it's like 20 of y'all all you do is stop brother I did stop I don't feel like 30 miles ago I did the officers call for emergency medical services and while they await an ambulance they attempt to wrap Mr Rose's wounds using supplies from a first aid kit in the 1983 case of Revere versus Massachusetts General Hospital the Supreme Court held that the due process clause of the 14th amendment requires the responsible government or governmental agency to quote provide medical care to persons who have been injured while being apprehended by the police although the court also determined that because there had been no formal adjudication of guilt against the injured citizen at the time he required Medical Care the eighth amendment's prohibition on cruel and unusual punishments which is violated by quote deliberate indifference to Serious medical needs of prisoners did not apply AI the court recognized that the due process rights of an individual in this situation quote are at least as great as the Eighth Amendment protections available to a convicted prisoner however it should be noted that courts have consistently held that the officers are not required to provide any sort of Medical Care themselves as the court stated in the Revere case that the government's constitutional obligation was fulfilled by ensuring that the injured party was taken promptly to a hospital that provided the treatment necessary for his injury for instance in the 1992 case of Rich versus city of Mayfield Heights the sixth Circuit Court of Appeals held that officers do not have an affirmative duty to render medical assistance and that an injured individual only had a particularized right quote to have medical assistance summoned immediately upon the police officers becoming aware that he was in need of immediate Medical Care consequently in this situation the officers clearly fulfilled their constitutional obligation by calling EMS and a court would likely conclude that their attempts to provide further assistance to Mr Rose exceeded the bare minimum requirements of the due process clause what's your name bro you want to stand up on your feet are you gonna sit on your butt DMS I'm gonna let you sit or stand [Music] put one off City's got his ID with him if not we'll try to get it out of the truck what do you mean I gave you three warnings did I not yeah did I not say final Warner bro where is the EMS throwing away how long is it gonna take I don't know well you need to know because my arm is hurting go get here as soon as they can get here why are you going in my pockets [Music] to get your ID [Music] after EMS arrived Mr Rose was taken to a local hospital where he was treated and discharged he was then taken to the Ross County jail and later released on bond court records show that Mr Rose was charged with a fourth degree felony count of failure to comply with an order or signal of a police officer which as we discussed earlier in this episode is the level of offense that would apply if the offender was fleeing immediately after the commission of a felony however no information regarding what this alleged felony could be has been made publicly available and as of the date of writing this episode the charge against Mr Rose is still pending following the incident investigations were launched into officer speakman's conduct and circleville's civilian police review board which does not have the authority to recommend officer discipline determined that he did not violate Department policy when he deployed the dog officer Speakman was placed on paid administrative leave while the Circleville PD conducted an internal investigation and on July 26 2020 3 officer Speakman was terminated not for his conduct during the encounter with Mr Rose but due to his actions during the inquiry the department claimed that officer Speakman misrepresented the fact that he had spoken with many people outside of the department about the incident and accused officer Speakman of violating three department policies failure to disclose or misrepresenting material facts or making any false or misleading statements on any application examination form or other official document report or form or during the course of any work-related investigation criminal dishonest or disgraceful conduct that adversely affects the member's relationship with the department and dishonest or dishonest actions after his termination officer speakman's Union the Ohio patrolman's benevolent Association filed a grievance arguing that he had been fired without just cause the outcome of which has not been announced as of the date of writing this episode prominent civil rights lawyer Benjamin Crump who represented the families of Trayvon Martin George Floyd Ahmad Aubry Brianna Taylor and Keenan Anderson has a announced that he will represent Mr Rose along with Ohio attorney Kenneth abarno the attorneys released a statement arguing that quote the bottom line is that Speakman used force on jadarius while he was complying in our opinion that force was excessive the excessive force Speakman used was not a baton or taser like we often see in these incidents it was a live animal that repeatedly sunk its teeth into an already terrified jadarius Conjuring disturbing images from the past as of the date of writing this episode Mr Rose has not yet filed a lawsuit but it seems likely that he will be pursuing legal action with the help of his attorneys overall officer Speakman gets an F for ordering a canine to bite an unarmed and surrendering citizen resorting to the use of likely excessive force to gain compliance with an order from a non-violent individual and ignoring instructions from the police agency in charge of the apprehension throughout the encounter officer speakman's actions demonstrated a total lack of empathy for Mr Rose and the pain he caused him he seemed completely oblivious to the fact that his actions were potentially unconstitutional in fact officer speakman's body camera captured a conversation with a colleague where he expressed his bewilderment as to why the state troopers were upset with him foreign I gave him three commands I told him final warnings you don't get on the ground you're gonna get the dog I don't know why they seem mad at me for he wasn't complying I mean am I wrong these statements combined with his actions during the encounter reveal an overly authoritarian and violent attitude that I find more than disturbing and even though he was not terminated for his actions in deploying the dog I applaud his removal from the Circleville police force Mr Rose gets a c because although officer speakman's use of force against him was clearly unwarranted he failed to pull over for a traffic stop for nearly 20 minutes then drove off again and did not stop until officers rendered the vehicle immobile while it is unclear why Mr Rose did not pull over his vehicle originally I can certainly empathize with his apprehension about getting out of the vehicle when multiple officers had Firearms pointed at him although it is important to recognize that the law would still require him to comply with the orders despite his fears that being said although Mr Rose obviously would have been better off if he had simply pulled over when the first Trooper tried to stop him he in no way deserved to be bitten by a dog or suffer the excruciating pain he was objected to Mr Rose was clearly attempting to surrender while navigating the officers conflicting commands when officer Speakman chose to deploy the canine and the responsibility for that decision lies entirely with officer Speakman this encounter demonstrates the real and justifiable fear that many individuals feel when interacting with the police and the substantial Rift between law enforcement and minority citizens that currently exists in American policing let us know if there is an interaction or legal topic that you would like us to discuss in the comments below thank you for watching and don't forget to check out my second channel for even more police interaction content [Music]