Cop granted discharge after siccing dog on man

• An Ontario police officer who pleaded guilty to assault after siccing his K9 unit dog on a compliant suspect was granted conditional discharge Wednesday, as the judge blamed the incident on an “impulsive error in judgment.”

Justice Harvey Brownstone said the officer had taken responsibility for his excessive use of force and expressed remorse.

“It is abundantly clear that this offence was an isolated incident that arose from an impulsive error in judgment and not by a premeditated act or loss of temper or a personality disorder,” Brownstone said.

Earlier this month, York regional police Const. Michael Partridge admitted his role in the assault on March 30, 2016, that left a man with minor injuries.

Partridge was originally charged with assault and assault with a weapon but pleaded guilty to one count of assault. The Crown had been seeking a three-month sentence of house arrest.

A surveillance video shows Partridge kicking and punching a break-and-enter suspect while the dog he released bit and clamped down on the man’s arm.

Crown lawyer Peter Scrutton told court the assault lasted for 30 seconds.

“It’s just due to luck that this dog bite didn’t cause real injury,” he said.

York police had been investigating break-and-enters in the Toronto area and wanted to arrest three men following one alleged breakin at a home in Brampton, Ont.

They followed the men to downtown Toronto and were met by city police.

Around 3:30 p.m., one of the suspects was arrested and a search revealed a baggy with loose ammunition.

Partridge was there with his police dog, Lex. Officers spotted two other suspects, who bolted with police following, court heard.

One officer ran after one of the suspects who eventually stopped running and lay face down in an alley. Partridge and his dog were well behind in the chase.

The suspect, Median Jackson, is seen in surveillance video lying on the ground for about two minutes as an officer stands nearby waiting for someone to arrive with handcuffs, court heard.

Partridge did not know the suspect was on the ground obeying the officer’s orders when he yelled out “Police, K9, you’re under arrest, come out,” court heard.

Almost immediately, Partridge released the dog. The dog bit down on Jackson’s arm and began thrashing its head back and forth, video evidence showed.

“He was too hasty in siccing the dog on the suspect,” the judge said.

Court heard Wednesday that it was the first time Partridge had released his dog during his nine months in the K9 unit.

“Clearly this incident indicates a need for more thorough and intensive training in the use of police dogs in such circumstances as well as in the procedures that officers should resort to when pursuing and apprehending suspects resisting arrest,” Brownstone said.

York police did not agree with the judge.

“In our respectful opinion, Const. Partridge engaged in a course of conduct that was contrary to the training he received as a member of York Regional Police,” said Const. Laura Nicolle, a spokeswoman for the force.