Ohio Prosecutor Seeks Dismissal of Felony Charge in Police Dog Attack Case

Ross County, Ohio, prosecuting attorney Jeffrey Marks filed a motion asking a judge to dismiss the sole felony charge against Jadarrius Rose, 23, a semi-truck driver who was bitten by a police K-9 after a vehicle pursuit on July 4, 2023, near Circleville, Ohio, CNN reported. Rose was facing a felony charge of failure to comply with an order or signal of a police officer, according to the Ohio Highway Patrol case report. In his motion, Marks told the court there is "insufficient evidence" to prove a felony-level violation.

The pursuit began over a minor equipment deficiency. The chase started when Rose did not stop for an inspector attempting to pull him over for a missing mud flap, according to an Ohio Highway Patrol case report and footage released by the agency. The incident began around 9:30 a.m. on July 4, as troopers from the state Highway Police Department's Motor Carrier Enforcement Inspector unit attempted to pull Rose over on westbound U.S. Route 35. Rose allegedly refused to pull over and led troopers on a chase through two counties. After Rose eventually stopped, exited his truck and surrendered to authorities with his hands up, a Circleville Police officer released the dog, which pulled Rose to the ground, according to video of the incident. A state trooper warned several times from a distance, "Do not release the dog with his hands up," though it is unclear if the trooper could be heard by the other officers.

Marks told Judge Michael Ater that the prosecution's own review of evidence undermined the original charge. After reviewing the footage and police reports, Marks concluded it was a mistake to charge Rose with fleeing after committing a felony, writing, "There appears to be no evidence that the Defendant, on July 4, 2023, was fleeing immediately after the commission of a felony." Marks emphasized the word "substantial" in his evidentiary threshold argument and told the judge he may want to refile some charges at a later date. He asked the court to dismiss the case while the Chillicothe Law Director's Office reviews the investigation results to determine whether misdemeanor charges are applicable, and requested that the judge preserve the option to restart the case if warranted.

The K-9 handler, Circleville Police Officer Ryan Speakman, was fired following a departmental review. After the Circleville Police Department reviewed the incident, it terminated Speakman, the officer seen on video releasing the K-9 on Rose. Chief Shawn Baer stated that Speakman's actions "did not meet the standards and expectations we hold for our police officers." The Ohio Patrolmen's Benevolent Association countered that Speakman was fired without cause and filed a grievance with the department. Rose was treated at a hospital before being booked at the Ross County Jail, and was released from custody on July 7 as the investigation continued, according to the Ross County Prosecutor's Office.

An aide to Rose's attorney, Benjamin J. Partee, declined to comment, according to the Associated Press. The dismissal request remained pending before Judge Ater as of the time of reporting. The case drew national attention to questions surrounding K-9 deployment protocols and use-of-force standards for suspects who are actively surrendering.

References

[1] CNN. (2023, August 22). Jadarrius Rose police dog attack: Prosecutor asks judge to dismiss a felony charge against an unarmed Black man who was bitten by police dog in Ohio. https://www.cnn.com/2023/08/22/us/jaddarius-rose-police-dog-attack-ohio-dismissing-charges/index.html

[2] The Associated Press via NBC News. (2023, August 22). Charges may be dropped against Black driver who was mauled by police dog while surrendering. https://www.nbcnews.com/news/us-news/charges-dropped-black-driver-mauled-police-dog-ohio-rcna101317

[3] ABC News. (2023, July 27). Jadarrius Rose, the Black trucker attacked by Ohio police dog, hires civil rights attorney Ben Crump. https://abcnews.go.com/US/ohio-9-officer-fired-after-police-dog-attacked/story?id=101669680

[4] ABC News. (2023, July 24). Investigation launched after video shows Ohio police dog attacking suspect with his hands up. https://abcnews.go.com/US/investigation-launched-after-video-shows-ohio-police-dog/story?id=101591343