A woman who shoplifted thousands of dollars in cosmetics has won a nearly $1-million settlement from a Northern California city after a police dog bit and tore at her scalp while police tried to take her into custody.
In a statement, Timothy Herbert, the chief of police in the city of Brentwood in eastern Contra Costa County, defended the officer handling the dog that day, saying his actions were justified. The chief said the city decided to settle the suit to avoid further litigation and legal costs.
Brentwood city officials agreed to pay Talmika Bates $967,000 over the 2020 incident, which left the then-24-year-old woman suffering from severe dog bites and gashes to her scalp.
“Oh, my God, please get your dog,” Bates could be heard screaming in body camera video of the incident while Brentwood Police Officer Ryan Rezentes is seen pulling at the dog’s leash. “My whole skin is off.”
According to the original complaint, Brentwood police were sent to Ulta Beauty Supply, a cosmetics store, on Feb. 10, 2020, after an employee reported that three women had shoplifted several items.
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According to Brentwood police, Bates, who was on probation, and two other women had stolen $10,000 worth of merchandise from the store and fled by car. Officers tried to stop the car, but the driver crashed into their patrol car and the three women tried to escape on foot.
Officers found Bates hiding in a field behind bushes.
The lawsuit alleges Rezentes set his K-9, a German shepherd named Marco, on Bates without issuing a warning or giving her a chance to surrender.
The dog bit and gnawed on Bates’ scalp, the lawsuit alleges, and ignored Bates’ and Rezentes’ attempts to halt the attack.
“Officer Rezentes had to physically remove the dog from Ms. Bates’ head,” the complaint reads.
Attorneys for Bates allege Rezentes lost control of the dog as it bit off parts of Bates’ scalp and ignored commands to heel.
Another officer stood next to Rezentes with his gun drawn during the incident and tried to reassure Rezentes, according to video from the body worn camera.
“Don’t worry, I won’t shoot your dog,” he can be heard saying.
After a minute, the two officers ordered Bates to stand up, placed her in handcuffs and berated her for running away.
“As she emerged from the bushes, the assembled Officers could see large chunks of Ms. Bates’ scalp were ripped from her head, exposing bone and tissue,” the complaint read.
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Surgeons reattached Bates scalp, but the suit alleges she continues to suffer from headaches, memory loss and depression because of the incident.
Attorneys for Bates did not immediately respond to a request for comment.
When reached for comment, attorneys for Rezentes referred to the police chief’s statement.
Bates pleaded guilty to a charge of misdemeanor grand theft and resisting a police officer, according to court records.
Attorneys for Bates alleged Rezentes lied in his police report, falsely claiming he did not have cover from another officer so that he could safely recall the dog as it was attacking Bates.
In his statement, Herbert defended the officer’s actions, pointing out that the court had ruled that the officer had lawfully deployed the dog to search for the suspects.
Herbert said his officers had no way of knowing if Bates was armed, adding that she had disobeyed officers’ orders to surrender.
The court, however, had also ruled that there was possible liability regarding the duration of the dog’s attack.
The police department has no working canines now, Herbert said.
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This story originally appeared in Los Angeles Times.
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