Police wanted to search Boise man’s yard for a suspect. He says a police dog attacked him
Late one night in early May, police came to John C. Tetro’s door in Southwest Boise.
They told him they were looking for a criminal suspect, and asked whether they could search his backyard. Tetro said yes.
Minutes later, Tetro noticed the motion-activated light in his backyard was not on, so he opened his back door to turn it on.
When he turned to go back inside, he was attacked by a police dog, according to a tort claim that lays out what he says happened that night.
When the police dog was in Tetro’s backyard, it was “not leashed nor accompanied by any law enforcement officer,” according to the claim.
The tort claim’s account, filed Sept. 15 and obtained by the Idaho Statesman, asks for $200,000 in damages for the incident, and names multiple departments in Boise and Ada County, including the Boise Police Department and the Ada County Sheriff’s Office.
Tort claims in Idaho are the precursors to litigation, and the agencies have 90 days from the date filed to either accept or deny a claim. If a claim is denied — or the agencies do not respond to it — the claimant may sue.
A spokesperson for the Boise Police Department declined to comment on pending litigation. The Sheriff’s Office could not immediately be reached for comment.
An attorney for Tetro also could not immediately be reached for comment.
What happened?
At 11:15 p.m. on May 1, police came to Tetro’s home and asked to inspect his backyard “in order to search for a potential criminal suspect,” the claim said.
A list of people believed to be involved in the search names more than a dozen officers and deputies with the Boise Police Department and Ada County Sheriff’s Office.
Tetro gave the police permission to conduct their search, and he noticed officers had a police dog with them as he closed his front door, according to the claim.
“(The police) never gave any warning to (Tetro) that the K-9 would be released in (Tetro’s) backyard or to remain inside his home,” the claim said.
After speaking to police, Tetro went to his bedroom to tell his wife what was happening. He then went to his backdoor and noticed a motion-activated light was not on, so he opened his backdoor and waved his hand in front of the sensor to turn on the light, according to the claim.
“Once the flood light was activated, (Tetro) saw a K-9 walking along the eastern boundary of his fence line that was urinating on his wife’s peonies; it was not leashed nor accompanied by any law enforcement officer,” according to the claim. “(Tetro) then turned to his right to close the door and was attacked by the unleashed K-9.”
According to the claim, Tetro’s left arm required “emergent, medical care, (sic) surgical repair, physical therapy and psychological care.”
He also goes to physical therapy and a psychiatrist for treatment related to the attack, the claim says.
The demand for $200,000 includes medical care and other expenses from the incident, including household services someone has performed for him.
It is unclear what agency the police dog belongs to.
