Dashcam: Man Sues Deputy After Police Dog Bites His Head – Everything Law and Order Blog

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A Colby man is suing a Marathon County Sheriff’s deputy after a police dog bit the man following a traffic stop and a police pursuit. Video captured by police dashboard cameras shows the encounter that left him hospitalized. Klyde J. Gebelein said he didn’t have to let a deputy inspect his vehicle, and he drove away from the deputy who had stopped him. Less than 15 minutes later, after he got out of his vehicle, a police dog bit Gebelein in the head. Gebelein of Colby is suing Marathon County Sheriff’s Deputy Troy Deilerfor that incident on Aug. 6, 2015, according to court documents. Gebelein’s lawsuit says Deiler unconstitutionally unleashed his police dog, Leo, on Gebelein and left the 70-year-old man permanently damaged. His mug shot shows Gebelein in a bandage, with dried blood running down his cheek. Gebelein is seeking an unspecified amount in damages.

The dramatic encounter and most of Gebelein’s conversations with the officers were captured by the deputies’ dashboard cameras. Gebelein was charged on August, 7, 2015 with fleeing an officer, resisting an officer and operating commercial motor vehicle without a license. Marathon County Circuit Court Judge Gregory Huber dismissed two of the charges in September 2015. Huber dismissed the other charge in June 2016 after Gebelein fulfilled the terms of an agreement with the court. He was initially stopped by a different Marathon County deputy for a vehicle inspection. Gebelein was driving a truck pulling a large tandem axle fifth wheel trailer hauling a large excavator. Gebelein objected to the stop, saying he was not driving a commercial motor vehicle and did not have to let the deputy inspect his vehicle.

Gebelein appears in the video to be agitated and confrontational with the deputy. Gebelein at one point can be seen aggressively moving towards the deputy. Gebelein told the deputy he had to leave, went back into his vehicle and left the traffic stop. The deputy told Gebelein not to leave. Though Gebelein drove away from the deputy, what followed doesn’t appear on the video to be a high-speed chase. The deputy who originally stopped Gebelein followed after him for about 10 minutes. Other officers, including Deiler, joined in the pursuit, according to court records. Gebelein can be seen in the video stopping the truck on Pine Road, west of Hi Line Avenuein Clark County, exiting the vehicle and approaching the officers. Then, according to Gebelein’s version of events, Deiler released Leo and without warning commanded the dog to attack Gebelein. Leo is seen in the video without a leash. A deputy tells Gebelein to “get on the ground.”

About 10 seconds later, Leo bites Gebelein’s thigh and a deputy seems to wrestle Gebelein on the ground. The deputy then tells him to get his hands behind his back. In the video, there are two officers next to Gebelein when Leo attacks Gebelein’s head. Another officer is close by during the attack. Two other officers come near Gebelein near the end of the encounter and it is not clear who is speaking. All the dashcam videos are positioned toward the back of Gebelein’s truck. None of the squad cars were parked ahead of Gebelein. According to the lawsuit, officers had already immobilized Gebelein when Leo severely bit his head. Deiler had to pull Leo off of Gebelein. The officers aided Gebelein’s injuries at the scene and asked him if he was OK, as can be seen on a video. Jerome Tlusty, Gebelein’s attorney for his criminal case and The incident was reported in the Aug. 19, 2015 edition of the Tribune-Phonograph, a newspaper which serves the Abbotsford, Colby, Dorchester and Curtiss area.

Marathon County Capt. Sean McCarthy said in the article that Leo was used correctly in that situation. Gebelein said in the lawsuit the article embarrassed him. “It’s just an unfortunate situation all around,” said McCarthyin the article. “But if (police dogs) have to be used in that way, they are.” But Gebelein said in court records there was no need for Deiler to use Leo. Gebelein was not a danger to the officers in that situation and had no prior criminal record. Gebelein suffered pain, permanent scarring to his head,medical expenses, and business loss, the lawsuit said. He is asking the court to determine the amount of damage he should be awarded. Deiler contends in court papers he did not act improperly. According to Deiler’s police records, he commanded Gebelein to get on the ground and Gebelein did not comply. Gebelein was told by officers numerous times to get his hands behind his back before Leo bit his head, according to his reports.

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30 thoughts on “Dashcam: Man Sues Deputy After Police Dog Bites His Head”
  1. Everyone seems to be missing the fact that he had his business name on the equipment itself. That alone makes it a commercial vehicle.

  2. The dog didn't even think about biting him at first. The guy was so chill that the dog was running around going, "Where's the perp?"

  3. The way they treat black people in America is disgusting. If that man was white there's no way in hell they would have sicced their dog on him smh.

  4. Little sympathy but that dog was out of control and badly handled. It also looks like they have serious issues with the release command.

  5. Sue big-time for dumb dog and trainer….who didn't have his dog on a leash for someone who wasn't resisting untill the dog chomp on his scalp and ineffective trainer who couldn't get his mutt to release his bite. Thank God for body cams .

  6. I think we need more laws and permits and regulations that can be broken, that's how we get more fun videos like this

  7. @1:38 the Officer motions the dog through a hand signal. The Officer gave an order and the dog obeyed. It's not rocket science.

    The gentleman most likely received a large settlement. The officer most likely continues received a nice salary and pension. Pathetic job Officers!!

  8. If you're going to compete against companies who are mature enough to get their DOT numbers and pay their taxes, you deserve every tooth from that dog bite you get.
    Screw anyone under me complaining about "this poor guy did nothing wrong" yes he did.
    We have to play by the rules, so the fuck does he.

  9. Can't belive one cop can't arrest a old man.a dog has to step in and do the job off taking him down. Lmao 🤣 🤣 🤣 🤣 🤣 🤣 🤣. Its like that everywhere. Cops are getting weaker and weaker…just like our president biden.numberd days ahead for him to we will k soon serve under China 🇨🇳 😉

  10. Sad part is the dog looked liked it literally knew it wasn’t even supposed to be involved.. not the dogs fault for just doing what it was being told to do.. idiot cops man and I’m for the police but these guys graduated last in their class

  11. North American police ….bully…power abuser….and the afrey of everything it moves…..there trained is realy poor…..

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