Lawyer in dog mauling trial: Video shows Dayton police ‘don’t run up and try to help’

The trial Wednesday of a city resident charged after a dog mauled a Dayton man to death in 2017 showcased video of the Dayton police response to the scene that a defense attorney called “absolutely dismal.”

Maurice Brown, 60, died of blood loss from numerous dog bites on April 25, 2017, after being attacked by a dog in an alley off Holt Street.

Anthony Austin, 29, faces a single first-degree misdemeanor charge of control of dogs in Judge Deirdre Logan’s courtroom. Austin could face maximum punishments of six months in jail and a $1,000 fine.

Video played during the opening day of the trial showed that the first two Dayton police officers who arrived at the scene stayed in their cruiser and talked about what to do for more than eight minutes while Brown lay nearby with the dog.

The city of Dayton refused to release copies of the dash-cam video, shot from within the police cruiser, prior to the trial.

Defense attorney Carl Goraleski told the jury it was a three-part tragedy — the death of Brown, the “absolutely dismal” response and “erratic” investigation by Dayton police, and the charging of

his client.

“When (Dayton police) see this body — what becomes clear is a body — in the alley, they don’t run up and try to help,” Goraleski said. “Mr. Brown’s death was terrible, the response no better. The investigation of this situation erratic. Erratic.”

The video showed the pit bull next to Brown’s body for a few seconds until the cruiser headlights were trained upon the dog.

Dayton policed declined to comment Wednesday on why the officers did not try to get to Brown.

“It would be inappropriate for the Dayton Police Department to offer any comment on this case or evidence in this case in the middle of the criminal trial,” Dayton police Chief Richard Biehl said via a statement. “The Dayton Police Department will respond to questions after a verdict is rendered.”

The department Wednesday again refused to release the full recording in response to a public record request.

The first two responding officers, Daniel Hartings and Scott Pendley, were found to have “failed to render immediate assistance and/ or first aid,” in the incident, according to a commander’s review. Hartings retired in 2017. Pendley is still a Dayton police officer.

Dayton police Lt. Kimberly Hill, who used to oversee the department’s Professional Standards Bureau, was disciplined for not completing paperwork that could have led to sanctions for Hartings and Pendley.

“I’m going to call Sarge,” one officer said. The other responded: “Don’t call him. He’ll be like ... he’ll tell you what the (expletive) are you asking him for? The guy’s still alive.”

When one officer asked, “Where are we at?” the other said, “I don’t know. I don’t know.”

When one said, “We need a medic,” the other responded: “Yeah, but we have to find out where we are first.”

One officer repeatedly asked the other to hurry up and find an address before a medic was called. An officer also could be heard asking, “Sir? Sir?”

A third Dayton officer self-dispatched to the scene and testified Wednesday that he easily found the location because of flashing cruiser lights, according to testimony.

Assistant city prosecutor Matt Kortjohn told the eight jurors and two alternates to follow the law and find Austin guilty if he’s found to have responsibility for the dog. The incident occurred behind a house where Austin used to live.

“Mr. Brown, at this point, is laying on the ground in a puddle of his own blood,” Kortjohn told jurors. “And this dog is still latched on to his arm, still shaking it as the officers come up in their cruiser.”

The three- or four-day trial is scheduled to resume this morning.