K-9 bit down on his throat and refused all commands to let go. San José will pay him $1.6 million

Los Angeles Times

04-04-2025

For roughly one minute, a San José Police Department dog tore through the neck of an assailant without hesitation.
An officer unleashed the K-9 on the man wanted in connection with the theft of alcohol from a local grocery store, according to court documents.
Mere seconds into the arrest, however, his handler failed to contain and subdue his K-9 partner. Other officers begged him to quell the dog, named Tex, which continued its assault despite verbal commands to stop, a physical release maneuver and an unsuccessful use of a shock collar, according to court documents.
After 60 seconds, Tex finally unlocked its grip on Santa Clara County resident Anthony Paredes, who cried out as blood gushed from his head and neck during the attack, court documents and body cam footage shows.
Paredes, who struggles to speak five years after the attack, sued the city of San José; its Police Department; two canine officers, Michael Jeffrey and Kyle Alleman; and Officer Bret Hatzenbuhler for excessive force and violation of his civil rights.
Late last month, the City Council chose not to fight the lawsuit. Instead, its 11 members unanimously voted for a $1.6-million settlement at a March 25 board meeting.
'You can't undo what's been done to my client, but it is a substantial settlement,' Paredes' attorney Izaak Schwaiger said. 'There's something sweet about the police having to pay Anthony after he had to take his licks from them.'
The San José Police Department said it would not comment on matters 'associated to litigation.' Representatives from the mayor's and the city district attorney's offices did not respond to inquiries.
The incident that led to the $1.6-million settlement occurred Feb. 7, 2020. Paredes' girlfriend, who was not named, entered a Safeway grocery store in San José while he was across the street cashing a check.
Inside the store, she attempted to steal alcohol and was grabbed by a store security guard, according to court documents.
Paredes saw the incident and rushed toward the store entrance, then fled when a store clerk called police, the documents say.
As described in the court documents, a police dispatcher classified the event as a strong arm robbery, meaning no weapon was used — yet the five police officers who responded to the call believed that Paredes was armed with some sort of 'bladed weapon.'
Schwaiger believes that a Safeway employee made a 'false statement' that Paredes had threatened to cut him. He said no security footage presented in court backed such a claim.
While officers were arriving at Safeway, Paredes attempted to hide in a nearby neighborhood. A voice from a surveilling helicopter implored Paredes to surrender, but court documents show he hid for roughly 45 minutes.
A helicopter spotter eventually saw Paredes jumping into a plastic trashcan.
Officer Jeffrey initially released Tex to locate Paredes, according to the documents. When the dog found the correct garbage can, officers eventually knocked it over.
That's when Paredes yelled, 'Alright!' three times and Jeffrey removed the can from Paredes and commanded Tex to bite, according to court documents.
The animal clamped down at Paredes' head and neck, documents and body cam footage show.
Schwaiger said that although dogs may be trained to grab an extremity, in this instance the K-9 latched onto the first part of Paredes body to emerge, which was his head and neck.
'We must remember that this is an animal that is designed to kill,' Schwaiger said. 'It's a weapon.'
Within seconds, officers yelled, 'Mike [Jeffrey], get him off,' while Jeffrey kept screaming 'Out!' to get the animal to release its jaws, according to court documents. When verbal commands failed, Jeffrey tried to pull the dog by its collar. During this process, Paredes' body was flung into the air.
Officers continued to beg Jeffrey to stop Tex, including imploring him to activate a shock collar. That effort failed because the collar had become dislodged, documents say.
Video footage showed that Paredes was detained during a good portion of the attack, with officers binding his hands and legs.
The civil suit claims Paredes suffered several bruises and broken bones, including a broken hyoid bone, which is in the front of the neck, and a partially crushed vertebra. He also suffered damage to his neck cartilage and nerves, preventing the choir member from singing.
Ultimately, Paredes pleaded guilty to being an accomplice with his girlfriend. Schwaiger blamed the county's district attorney for accepting a plea instead of fighting for his client.
He is, though, pleased with the 'substantial settlement' and believes San José should reexamine its use of police dogs in attack scenarios.
'My hope is,' he said, 'that it will hurt bad enough in the pocketbook and will force change.'
An analysis by Fox 2 San Francisco in July 2022 found that San José police dogs accounted for 187 bites over a five-year period, the most of any Bay Area law enforcement agency.
In 2024, the Northern California city of Brentwood paid $967,000 to a shoplifter who suffered severe dog bites and gashes to her scalp.
A Los Angeles County resident also filed a lawsuit last year against the Sheriff's Department when one of its dogs clamped down on her hand.