Family of man mauled by police dog sues Central Valley city, calls for investigation
Raymundo Rubio is standing in a parking lot when he’s approached by a Visalia police officer. While he appears to be cooperating and non-combative, a confrontation quickly escalates. During the incident, Rubio is knocked to the ground by the officer and is mauled by a police K-9 dog for more than a minute while he’s screaming in pain.
That’s based on video from the officers’ bodycam footage.
Rubio’s family, who say he has suffered from a mental disability since birth, on Monday called for an independent investigation by the California Attorney General’s Office.
Rubio on Monday also sued the Visalia Police Department officers involved in the incident. They are identified as Officer Marisa Burkdoll and Officer William Hansen. Hansen is K-9 Officer Roto’s handler. Roto is a Belgian Malinois.
Visalia Police Chief Jason Salazar and the city of Visalia are also named in the lawsuit. The suit was filed in the U.S. District Court. The lawsuit comes on the heels of a similar incident that took place in October when a 21-year-old, who suffers from schizophrenia, was allegedly bit on the face by a Visalia K-9 dog when he experiencing a medical episode.
Rubio is now being charged with resisting arrest and possession of methamphetamine.
“What’s really disturbing about this case — it’s another example of police officers actually escalating the use of force, and escalating a physical confrontation, where there was no reason for one at all,” V. James DeSimone, one of the attorneys representing Rubio, told The Bee. “We want accountability.”
Sgt. Celeste Sanchez, public information officer with the Visalia Police Department, said due to pending litigation, she could only provide limited information. Both Burkdoll and Hansen continue to be employed as police officers, but Sanchez couldn’t say whether the pair had been placed on administrative leave or had faced disciplinary action in connection to Rubio’s case, citing personnel matters.
“The Visalia Police Department is continually evaluating policies and procedures which includes the canine policy,” Sanchez told The Bee.
A statement from Rubio’s mother was read during a Monday news conference. She says her son has not been the same after the incident. He is depressed and suffers from constant headaches, seizures and back pain.
The family is asking for the officers to be fired.
“The police never gave my son a chance,” her statement read. “Now we are asking for a chance at justice to help my son and to stop this from happening to other families.”
Incident unfolds. ‘It’s racism’
The incident began when the first approaching officer, identified as Burkdoll, instructs Rubio to take his hands out of his pockets because “people are calling about him.” Rubio says “of course they are,” according to the bodycam footage.
“What did I do?” Rubio asks the officer.
The officer tells Rubio people are saying he’s “looking into vehicles,” which Rubio denies. No vehicles are seen around Rubio in the parking lot. Rubio soon after tells the officer he believes he’s being targeted because he’s brown.
“You know it is. Just keep it real,” he tells the officer. “It’s racism.”
Shortly after, the confrontation unfolds. The officer asks Rubio to take his backpack off because he’s acting as if he was under the “influence of something.” She approaches him and knocks him to the ground. Another officer, identified as Hansen, arrives with a K-9, and while he’s not completely aware of what is happening, he commands the K-9 dog to attack Rubio while he’s on the ground, according to the bodycam footage. The officer warns Rubio he’s going to let the K-9 dog on him.
Hansen later tells an unidentified supervisor that he thought Burkdoll was telling Rubio that they needed to check him, and while he and Burkdoll were trying to grab Rubio, he was “digging down and pulling.” Throughout the incident, Rubio continues to ask the officers what it is he did.
The causes for action in the civil rights lawsuit include unreasonable search and seizure, excessive force, false arrest and imprisonment, as well as assault and battery, among others. The lawsuit seeks monetary damages to be determined by a jury trial.
The lawsuit says Rubio, who is Latino, believes he was targeted and discriminated against based on his race and ethnicity.
Sanchez said the Visalia Police Department had received three calls from three different witnesses. The callers, she said, reported a Hispanic male matching Rubio’s description who was “looking into vehicles, acting suspiciously, and appeared as if he was under the influence.”
According to police reports from Burkdoll and Hansen, cited in the lawsuit, it was around 8:08 p.m. on Jan. 22 when their interaction with Rubio unfolded. Rubio was walking in a Save Mart parking lot.
Rubio was about 400 feet away from his home when Burkdoll was in her squad on the corner of West Walnut and South Akers streets in the parking lot, the lawsuit says.
The situation got out of control when Burkdoll allegedly grabbed Rubio’s “neck and slammed him to the ground as Hansen pulled on the hood of Rubio’s sweatshirt,” according to the lawsuit.
Burkdoll allegedly got on top of Rubio, and began to beat him on the head with her flashlight and fists about six times as Rubio cried in pain, the lawsuit says.
“As Mr. Rubio lay defenseless on the ground pleading for help, with Officer Burkdoll on top beating him, Officer Hansen retrieved his dog from his car and led it to Mr. Rubio’s lower back holding it there while the dog bit into Rubio’s flesh continuously for approximately one minute and forty second(s),” the lawsuit reads.
Rubio can be heard screaming throughout the attack and saying he was complying with the officers’ orders, according to the bodycam footage.
Hansen allegedly ordered the K-9 to continue to bite Rubio as Burkdoll was on top of him and continued to strike him on the back of his head with her flashlight, according to the lawsuit.
Sanchez, the police spokeswoman, said Rubio resisted attempts to be investigated and detained, as well as efforts by the officers to “pat him down for weapons for their own safety.” Sanchez said the officers used “physical force” and ultimately the police dog to take him into custody.
Rubio was taken to an area hospital to be treated for his injuries and to be evaluated for being under the influence of a controlled substance. Sanchez said he later tested positive for methamphetamine.
Rubio suffered several physical injuries as a result of the incident, which included traumatic brain injury, wounds to his head and one of his legs, as well as, deep flesh wounds on his back, torso and left hand and arm. The lawsuit says his injuries have left physical, mental and emotional problems for Rubio.
This story was originally published March 1, 2021 at 3:01 PM.
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