SAN FRANCISCO — A federal judge ruled that it should be up to a jury to determine the legality of a Brentwood officer’s failure to call off his dog after a woman suspected of retail theft surrendered to police — paving the way for a civil trial or potentially a higher settlement in the case, court records show.
U.S. District Judge Rita Lin’s 24-page order notes that Brentwood Officer Ryan Rezentes waited 40 seconds to call off his K9, Marco, after plaintiff Talmika Bates told police she was coming out of a bush where she was hiding. During those 40 seconds, the dog chomped on Bates repeatedly, effectively scalping her, according to court papers.
“A reasonable jury could conclude that Rezentes could have safely completed the arrest without requiring the dog to continue to bite Bates after her verbal surrender, and that a reasonable officer would have repeated the release command earlier,” Lin wrote in her order.
Lin’s order was in response to a motion by attorneys for Brentwood police, which sought a judgment in their favor. They argued in a motion that Rezentes was trying to lawfully detain Bates, who was suspected of working with two others to steal $10,000 in beauty products from a Brentwood shopping center. She hid in a bush when the officer approached.
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“Bates knew that a canine was close by, but she failed to surrender or let her presence be known to officers. Notably, just prior to the time the canine made contact with Bates, she was on the phone with her mother advising her mom that ‘a dog is coming to bite me,’ ” Noah Blechman, a lawyer representing the city of Brentwood, wrote in legal filings. He added the entire period of biting lasted about 60 seconds, that Rezentes couldn’t see Bates in the “shrubbery,” and that Bates was treated immediately for her “superficial injuries.”
A photograph of Bates’ head injury, filed in court papers, shows that she suffered a large, gaping wound several inches wide that covers a large portion of the top of her head.
Adante Pointer, a civil rights attorney, released a written statement calling it a “grotesque case of police abuse.”
“Ms. Bates is lucky she survived such a dangerous and traumatic incident. Police are now on notice that using their canines to exact street justice is unlawful,” Pointer wrote.
Bates later pleaded no contest to obstructing police for a 120-day jail sentence, court records show.
But Lin’s order notes that the crux of Bates’ lawsuit starts when her crime of obstruction ended — specifically, when she agreed to come out of the bush, yet continued to be attacked by the dog. According to Lin’s order, Rezentes yelled out a single release command, while other officers were yelling things, which the dog apparently ignored. When Bates surrendered a few seconds later, Rezentes waited 40 seconds to yell the release command again, Lin wrote.
“The video also shows that when the command was ineffective, Rezentes did not repeat the order or say it more loudly, but instead allowed the dog to continue to bite Bates, while she screamed and cried,” Lin wrote. Those screams included cries from Bates for her “mama” and that “my whole brain is bleeding.”
A trial date has not yet been set.
