No Charges For Palo Alto Police Agent Whose Dog Attacked Man: DA

PALO ALTO, CA — The Santa Clara County District Attorney declined to charge a Palo Alto police officer whose police dog attacked an innocent man last summer, stating that Police Agent Nick Enberg’s handling of his dog did not result in the use of excessive force.

Joel Domingo Alejo filed a $20 million lawsuit against the cities of Palo Alto and Mountain View for injuries he suffered in the attack. He was in a storage shed in a resident's backyard when he was attacked by a police dog led by officers searching for a suspect in a domestic violence and kidnapping call. Alejo was not connected with the case.

A few weeks ago, the Palo Alto and Mountain View Police Departments released body camera video from the incident last summer. Authorities believed that the suspect had fled into a residential neighborhood. Officers searched a storage shed in the yard and found Alejo inside. The dog then attacked him, and officers handcuffed him, though they soon realized and admitted on video that they had the wrong person.

Enberg, who was handling the dog at the time, was yelling commands to the dog as it bit Alejo, according to the Palo Alto Weekly.

"Based on our review of the case materials, we have concluded that Agent Enberg's use of his police dog did not result in the use of excessive force under the color of authority," said Assistant District Attorney Brian Welch in a statement.

In a statement earlier this month, the Palo Alto Police Department said an independent police auditor would review the incident and publish a public report with their findings, the department said. The department added that supervisors and administrators conducted a thorough investigation of the incident "shortly after it occurred."