BY BRADEN CARTWRIGHT
Daily Post Staff Writer
While Alexander Furrier sat at the top of a stairwell after a fight in downtown Palo Alto, six officers and a police dog stood at the bottom for two minutes shouting conflicting commands, Furrier’s lawyer said in a motion asking a judge to dismiss criminal charges against his client.
Different officers told Furrier to get down, to get on his knees and to walk down the stairs – all while the dog barked over them, defense attorney Dan Barton said.
“It was a short and chaotic scene with multiple officers yelling over one another,” Barton said.
Officers were trying to arrest Furrier for allegedly attacking a man dressed as a woman while yelling homophobic slurs on Oct. 10, 2021.
Officer Jason Solis questioned whether Officer Nick Enberg should release his police dog on Furrier, Barton said.
“I am just trying to relate to (Furrier) because they are f∗∗∗ing going to let the dog go on him,” Solis said, according to Barton’s motion. “I’m stating my point, he’s f∗∗∗ing unarmed, and there is f∗∗∗ing six of us and he’s saying he’s innocent, dude.” But after just over two minutes, Enberg commanded his German Shepherd, Balko, to bite Furrier. Balko gnawed on Furrier’s right shin for about 35 seconds while officers swarmed him, Barton said.
“What appears to be the sound of breaking flesh can be heard in the bodyworn camera footage,” Barton said.
The city denied a California Public Record Act request from the Post for the video footage, citing an active criminal investigation.
One police officer could be heard saying that Furrier was “cruising for a bruising,” Barton said.
Furrier filed a claim against the city in April asking for $5 million, and the city rejected the claim, opening the door for Furrier to sue.
At the same time, Furrier is facing charges of felony battery, assault and hate crime.
Barton is asking the court to allow Furrier to get mental health treatment rather than a criminal sentence. He gave more background on the bite from Furrier’s perspective in his motion, which Judge Julianne Sylva is scheduled to rule on Dec. 13.