An Ohio prosecutor has petitioned a judge to dismiss charges against 22-year-old Jadarrius Rose, the Black truck driver who was brutally attacked by a Circleville, Ohio police K-9. Despite having surrendered to the cops and leaving the scene with bloodied dog bites, Rose is still the only one facing criminal liability.
Prosecuting attorney Jeffrey Marks filed a motion last week to dismiss the charges of fleeing after committing a felony and failure to comply with an order of a police officer, per an AP News report. Marks argued that there was insufficient evidence to prove that the crime Rose allegedly committed held the weight of a felony. He asked for the charges to be dismissed as the investigation goes on to determine if misdemeanor charges are more appropriate.
It all stems from a traffic stop on July 4, when authorities say Ohio State Troopers attempted to pull Rose over for—of all things—a missing mudflap on his truck. When he continued driving, a slew of police cars gave pursuit, causing a frightened Rose to call 911. He eventually stopped and stepped out of the vehicle to face five troopers with their guns drawn, as well as former Circleville Officer Ryan Speakmean, a K-9 handler.
Read more from CNN:
[Rose] said that while a state trooper instructed him to walk toward him, a police officer from the Circleview Police Department told him to “stay on the ground or you’ll get bit” – conflicting instructions that left him unsure what to do.
“I just stopped in the middle, because I didn’t know what was gonna happen,” he said. “I was afraid that something would happen, and it did happen.”
Despite repeated warnings from a state trooper to not release the K-9, former officer Ryan Speakman turned the dog on Rose. It’s not clear if Speakman heard the trooper’s warnings.
“I thought I was going to lose my life. I was in pain. I really couldn’t see what the other officers [were] doing because the dog was biting me and I was just in fear of my life,” Rose told CNN.
Civil rights attorney Benjamin Crump called for justice upon reviewing the body camera footage and argued that the K-9 attack was uncalled for because Rose had his hands up and didn’t pose an immediate threat.
As for Mr. Speakman, he was fired three weeks after the incident. The Use of Force Review Board investigated his actions but found that he was acting within protocol. Instead, his termination was due to his unconsolable meltdowns at the precinct.