A Utah K9 officer is on trial for assault in a rare use-of-force prosecution

It’s not in dispute whether Salt Lake City Police K9 Officer Nickolas Pearce ordered his dog to bite a man during an arrest one early April morning nearly four years ago. That’s all documented by his body camera.

But this week, a jury will decide whether it was criminal when Pearce commanded his dog, Tuco, to attack Jeffery Ryans, who appeared to be surrendering to officers.

Salt Lake County prosecutors charged Pearce with second-degree felony aggravated assault in 2020 — a rare charge for a police use-of-force case, which carries a potential prison sentence of up to 15 years if Pearce is convicted.

It is the first time a K9 officer has gone to trial since Sim Gill became the Salt Lake County district attorney in 2010.

Police officers are allowed to use force during an arrest — but are only supposed to do so if they “reasonably” believe it is necessary to defend themselves or another from harm while taking someone into custody. Court records indicate that Pearce will likely use a “force in arrest” defense at trial, essentially arguing that it was reasonable for him to order the K9 attack given that he believed Ryans was not complying and could possibly be a threat.

Jury selection in the case began Monday, and testimony is expected to begin Tuesday. Here is what jurors are expected to hear this week during this rare trial that will play out in a West Jordan courtroom.

What the body camera footage shows

Ryans was bitten after officers were called to investigate a call of domestic abuse. They were arresting Ryans because he had a protective order against him and was allegedly violating that by being in the home where his wife lived.

Pearce was one of the officers who responded to the home. When police arrived, Pearce immediately began telling Ryans he was “going to get bit,” according to body camera footage previously published by The Salt Lake Tribune.

The footage shows that just a few seconds passed between the moment officers meet Ryans in the home’s backyard, the moment they command him to get on the ground, and the moment Pearce commands his K9 to attack.

When the dog bites, Ryans is on one knee with his hands raised in front of him, about as high as his shoulders, the footage shows. Pearce can also be heard saying “good boy” to his dog as he bites Ryans, who screams in pain.

Why prosecutors say it’s criminal

Prosecutors believe Pearce used unlawful force that day. Shortly after filing the criminal charge in 2020, Gill noted that Ryans was not resisting arrest at the time Pearce ordered Tuco to bite.

“He certainly wasn’t posing an imminent threat of violence or harm to anyone and he certainly wasn’t concealed,” the district attorney said. “He was fenced in an area and was being compliant.”

Gill declined an interview request ahead of this week’s trial.

Prosecutors later argued in court filings that Pearce’s actions “stood in stark contrast” to SLCPD’s use-of-force policy.

That policy says that an officer must never employ unnecessary force, and should only use force with the “greatest restraint,” and “only after discussion, negotiation and persuasion have been found to be inappropriate or ineffective.”

The policy also states that officers should refrain from unnecessarily inflicting pain or suffering on someone and should not engage in “cruel, degrading or inhuman treatment of any person.”

Pearce’s defense

Pearce’s attorneys have previously argued in court papers that the police officer had a “reasonable belief” that he needed to use force to arrest Ryans and prevent harm to the officers or others.

The attorneys noted that he was called to the home after Ryans’ child had called 911 to report that her father was at their home and wasn’t supposed to be there.

“There was an active protective order in place against Mr. Ryans,” the attorney wrote. “There was a report that Mr. Ryans was abusing his wife. Dispatch reported hearing screaming in the background of the call, children were hiding in a room and a child was trying to stop Mr. Ryans from coming in the room.”

Given the volatile details relayed to him, Pearce’s attorneys argued that it was reasonable for him to use the level of force he did. They also say Ryans was not complying with the officers’ commands.

Who is expected to testify

Ryans will testify at the trial about his experience, court records show, as will two other officers who were there that night. Police experts are also expected to take the stand. Pearce is on a defense witness list, but it is not clear whether he intends to testify.

Salt Lake City Police Chief Mike Brown is also slated to testify — though he does not want to do so. An attorney filed a motion on his behalf ahead of trial arguing that Brown shouldn’t have to take the stand, arguing that the police chief wasn’t there that night and doesn’t have any first-hand information to share.

It was prosecutors who subpoenaed Brown. In arguing that he had knowledge that a jury should hear, they pointed to a press conference that Brown held weeks after The Tribune published body camera footage of the arrest.

At that news conference, Brown announced the department would stop using K9s in arrests “indefinitely” after an internal review found widespread problems beyond the Ryans case. Salt Lake City Mayor Erin Mendenhall at that time said the review showed a “pattern of abuse.”

Brown also argued in court papers that he did not have time to come testify at the trial for Pearce, who was put on leave after the body camera footage was published in 2020. He remains on administrative leave.

Judge William Kendall wasn’t persuaded by that argument when ruling that the police chief could testify.

“Chief Brown previously held a press conference to specifically address this and other related cases,” the judge wrote in his ruling. “If Chief Brown had the time to hold that press conference, then Chief Brown has the time to testify in this case if he is called to do so.”