Mayor of Belle Glade, K9 expert criticize deputies' use of force during arrest
The mayor of Belle Glade and experts are raising questions about two Palm Beach County sheriff's deputies and the use of a K9 that repeatedly bit a man who was handcuffed with his feet bound.
The Palm Beach County Sheriff's Office K9 handler and another deputy are on administrative leave pending the results of a sheriff's office and state attorney investigation.
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WPBF 25 News showed the video of the arrest, taken by a bystander, to the mayor of Belle Glade as well as a police K9 trainer.
"It's very disturbing to see someone that is in handcuffs and leg cuffs, and yet you see a dog that is attacking the young man like that. It’s disturbing,” said Mayor Steve Wilson. "I worked in the prison system for 28 years, and one thing we never, never tolerated was you don’t use excessive force. You have to use force once in a while, but excessive force, no. People need to be held accountable for their actions."
Late last week, investigators say deputies were trying to arrest 30-year-old Gerson Delmas in Belle Glade for an open warrant.
A bystander posted video of the arrest to Facebook, showing Delmas in the front seat of an unmarked sheriff’s office SUV, being hit in the face by a deputy while he’s already wearing handcuffs and leg shackles.
The arrest report states Delmas had kicked and headbutted deputies from the car.
Click here for the full arrest report.
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At that point, the arrest report states the K-9 handler arrived.
The report states, “SGT Dominguez gave Delmas multiple warnings to place his feet inside of the car or he would receive a dog bite."
The report goes on to say, "SGT Dominguez utilized a placement bite with K-9 Nuki on his right leg.”
The video then shows the K9 and deputies bring Delmas to the ground, while the K9 bites his leg for nearly a minute, all while Delmas is handcuffed and has his legs bound.
It's unclear from the video whether the K9 handler gave verbal commands to the K9 during that minute.
Police K9 trainer Hagen Van Hendrix, who owns Van Hendrix K9 in Putnam County, watched the video as well.
"The handler should have called off the dog,” said Van Hendrix. "There's no need to use that kind of a force from my point of view, and that’s not how K9s are being trained, and that’s not the purpose."
Valentin Rodriguez, a West Palm Beach civil rights attorney who also teaches law enforcement members about proper use of force, has sued departments for incidents involving K9s in the past.
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He says this arrest could be an example of excessive force.
"Threatening to have the dog bite him if he doesn’t sit still is the improper use of the K9. K9s are not for punishment," said Rodriguez. "They are to bring compliance in a situation where a suspect is posing an actual danger to an officer at this moment. I don’t know how you argue a shackled, handcuffed suspect poses any danger to an officer."
Delmas was treated at a hospital and is now in jail, charged with causing harm to a police dog, resisting an officer and battery on an officer.
The sheriff's office says its investigation is active and ongoing. The Palm Beach County State Attorney is conducting an investigation into what happened as well.
WPBF 25 News obtained a copy of the Palm Beach County Sheriff's Office policy on K9 teams. Click here to see that 14-page document.
The document states that law enforcement K9s are used for finding criminal suspects, searching buildings, locating missing people, finding human remains, searching for narcotics or weapons or currency, crowd control and providing vehicle or building security.
The policy also states, “In all situations, when the canine is on the bite, the canine will be removed from the bite as soon as the handler believes it is safe to do so.”
The policy goes on to state, "Once the Canine Team is deployed, tactical use and application of the Canine Teams will be at the discretion of individual Canine Handler, who will rely on his judgment, training, and experience."
This is a developing story and will be updated as information becomes available.