WEST JORDAN, Utah — A jury Friday found a Salt Lake City police dog handler not guilty of aggravated assault for ordering his K-9 to bite a man who had his hands up and one knee on the ground.
Nickolas Pearce faced up to 15 years in prison if convicted.
“I appreciate the service of the jurors in this case," said Salt Lake City Police Chief Mike Brown in a statement. "I trust their verdict came after careful consideration of the evidence. As law enforcement officers, we acknowledge and embrace the scrutiny associated with our profession. Today’s verdict does not change our commitment to uphold our oath as public servants with valor and empathy.”
The officer has remained employed with Salt Lake City as the police department was waiting for the criminal trial to finish before determining whether to discipline or terminate Pearce.
“The apprehension component of the Salt Lake City Police Department’s Patrol K-9 Squad remains suspended.," said department spokesperson Brent Weisberg. "Meanwhile, our Department is currently using, and has seen, the benefits of having a robust tracking/trailing and narcotics detection K-9 program."
"Officer Pearce remains on paid administrative leave."
Pearce said the initial dispatcher report of Jeffery Ryans abusing his wife raised his concerns that he and his dog, Tuco, and two other police officers were walking into a dangerous situation. He also was worried Ryans would flee and return angrier.
As Pearce and Tuco approached Ryans had a knee on the ground while holding onto the fence looking back at the officer and K-9. Pearce called it a “position of advantage” and thought Ryans might still try to flee or fight with police.
Pearce said he gave Tuco another command instructing the dog to hold the bite in one spot on Ryan’s left leg. The alternative, Pearce explained, was to release Tuco and risk him chewing up and down the leg, doing more damage to Ryans.
Ryans was later convicted of a misdemeanor count of violating a protective order. He was not charged with assault or domestic violence for anything that happened the morning Tuco bit him.
