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BreakingNewsTeam - > Breaking News -> City council authorizes $95,000 settlement for K9 bite
City council authorizes $95,000 settlement for K9 bite

The Bakersfield City Council has authorized a $95,000 settlement in the case of a teen who was bit buy a police K9.

Miguel Perez, 14 at the time of the incident, was laying under covers in his bedroom in December 2007 when a K9 searching his home lunged at him, police said. Perez suffered a cut across his forehead and above his left ear as well as a puncture below his right eyebrow.
Police had been searching Perez’s home in the 2900 block of Gary Place looking for suspects who robbed the Fastrip at 4901 S. Union Ave. Officers had ordered everyone out of the house before entering with the dog, police said.

The Perez family hired local attorney Daniel Rodriguez and filed a lawsuit saying police used excessive force.

UPDATE: Here's the background on the bite with more detail on the incident.

Posted in these Groups:
Topics: Bakersfield City Council, k9, Miguel Perez
posted by BreakingNewsTeam on Wednesday, December 17, 2008 at 07:53 PM
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13 comments from 4 users

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posted by witterpitters on Dec 18, 2008 at 07:44 AM

My My - isn't this just special. One more gang banger who will have more money then I do and they didn't even have to earn it. Big surprise there eh. So what do you all out there think this kid (mostly the parent(s) I'm sure) will buy with OUR money? Biiigggggg flat screen, new car, X-box w/games...........education <-----nawwwwww.

posted by Lingtaowoo on Dec 18, 2008 at 07:59 AM

Don't forget that the attorney gets his cut--I'm sure he didn't do this for free...now they have to declare this money as income--which will probally take them off the welfare roll...next time the police should give the order to vacate in english and spanish..but the kid that was biten was probally too scared to move and wasn't involved with the robbery--but the robber ran into the home--thus bringing this whole situation on the robber shoulders...and the tax-payers pay...wonderful..IMHO


posted by witterpitters on Dec 18, 2008 at 08:31 AM

LING: from what I remember the police chased the guy (a member of the family) in the front door and out the back door to the waiting arms of more BPD. The mother was out front with BPD officers. They asked her what her sons name was so she told them and they decided the guy who ran out the back was their guy (ONE of her sons). The mom didn't bother to tell them there was a 14 year old boy in the house with the SAME name!  The BPD K-9 went in the house, announced themselves and proceeded to do the search. Evidently the kid was in the wrong place at the wrong time - he moved and the dog...doing his job... nailed him! IMO It was the responsibility of the mom to indicate there was another person in the house. From the git go they blamed the BPD for "invading" their home! Helloooooo if her son had not committed a crime and run home and THROUGH the house the BPD would not have even been there!!!

Unless Rodriguez is a real nice guy and takes less from his own people, he should get $31,666.66.............NOTE the numbers!

posted by Lingtaowoo on Dec 18, 2008 at 08:39 AM

Thats not a bad payday..but it still leaves a filthy taste in the taxpayers mouth..and in some households..the parents don't have a clue as to who is at home or not...

But if I was them..I would grow eyes in back of my head..with the way some of these gangsters are today..someone might get snatched-up and held for ransom--knowing that they came into some money....

posted by witterpitters on Dec 18, 2008 at 08:57 AM

LING: the mom knew the kid was in bed - the confusion was that the kid in bed and the kid arrested had the SAME FIRST name!!!!! So when the BPD caught the kid in the back yard then asked mom what her kids' name was she assumed they meant the kid in the house. When she acknowledged the name, the BPD knew they had their guy not knowing there was also a kid IN the house with the same name!!

Avoid confusion........................give your kids different names!!!! duhhhh!!!!!!  LOL

posted by learnem on Dec 18, 2008 at 10:51 AM

personal responsibility has gone down the toilet lately.  its a shame that, for whatever lame reason, the mom and son couldnt comply with police orders to vacate the house...to top it off, the kid was HIDING.........HIDING.  That speaks volumes to me.  if he did nothing wrong, why was he hiding???

posted by sys_mom on Dec 18, 2008 at 11:01 AM

The news item Teen injured by police dog during search for suspect  reports that "The boy, who had been laying under the covers in a bed close to the bedroom door, suffered a cut across his forehead and above his left ear as well as a puncture below his right eyebrow. He was taken to Kern Medical Center."    I don't know where you all think that 14 year old boys are supposed to be in the night time but lots and lots of them all over America are in fact "laying under the covers in a bed." At our house we refer to that as SLEEPING.  I am unable to find any links that detail this young man's involvement in any gangs.  If you are aware of them please post them.   Bakersfield citizens should be in the best physical shape possible with all the exercise they get jumping to conclusions. 

Did other members of this child's family possibly do something stupid?  Yes they did.  Did his mom answer the questions of the BPD truthfully? Yes she did. "Perez told officers her other son, Miguel, was still in the house. Police, believing she was referring to the man police had just arrested, entered the house to look for other suspects."     Did the BPD  fail to interpret that information correctly?  Yes they did.  Did that injured child break any laws?  No he did not. Does he suffer from his memories of the incident? How on Earth would any of us know.  Will he need counseling? That could very well be what some of the lawsuit money pays for.   Would you consider suing if the same thing happens to one of your children?

Also I can not find any links that say that Miguel Angel Espinosa is the son of Maria Perez. So I am not convinced that she in fact named two of her sons Miquel.   I'm Just trying to be helpful here I am not being disrespectful.

posted by Lingtaowoo on Dec 18, 2008 at 11:05 AM

Maybe because some households think that laws do not apply to them--why comply....some parents raise their children with the idea of 'do what you got to do to get yours'....and it's sad..sad to think that these children will grow up thinking that this is the norm...it's too bad to think that I have a dog that MINDS BETTER than some human beings...

Of course..thats just MY opinion...

posted by witterpitters on Dec 18, 2008 at 11:34 AM

SYS_MOM: I did read that the one arrested was her older son. This boy and another had robbed a fast trip and the idiot ran home! You are right, I did "jump to conclusions" regarding the 14 year old possibly being a gang banger. However, given the circumstances and the fact the older brother is one, I guess, like others, I judge by what is being presented.  What I also don't understand is how this child could "sleep" through all the racket that had to be going on in that house!!

Also, at the age of 4 I was bitten in the eye by a very large dog. Scared the hell out of my mom, she thought I'd lost my eye. I didn't. I have a scar and we sued nobody. Oh ya......and I rescue dogs as often as I can, even off the streets. My daughter had a serious break to her ankle when she was 14 because of the negligence of someone else. The meds were paid by MY insurance - we did not sue. In 1987, my daughter was t-boned in an intersection in Long Beach, she had the green light. The kid in the p/up left the scene. We got info that showed 1) the kid had let the insurance lapse; 2) the truck was in his parents' business name; 3) his parents owned several lucrative businesses in the state of Calif.  my daughter had her meds paid (MY insurance) and she got a settlement (meds, potential dr bills & lost wages) from MY insurance under the uninsured motorist coverage - we did not sue the parents or their business which we could have legally done. BOTH of those injuries caused by others' negligence, left my daughter with a lifetime of pain and horrific dreams - WE DID NOT SUE.

 

posted by sys_mom on Dec 18, 2008 at 12:00 PM

Witters..... I wonder if your daughter's insurance company went after the responsible parties to recoup some of their expense for your daughter's bills.   I have United Health Care Insurance  and State Farm and they both  "Go after"  the assets of the people who have damaged us and our vehicles.  We never are consulted or involved when our insurance companies sue for funds from the accident causers.  Every once in a while after one of the sons has gotten stitched up I have received surveys asking for details as to negligence on the part of others.  Those insurance companies are always looking for a way to get some of their money back.  They will sue others to get back the expenses they incurred on your behalf.     Believe me Witters I am not in favor of willy nilly law suits.  I am just not convinced that this child or his mother did anything wrong that night. Yes, it would appear that the older brothers are unwise in their beer acquisition methods and in truth parents are the first educators to their offspring and provide the guidance for socially acceptable behavior.   However young men are often stupid jerks when they hang out with their friends and they fail to behave as they were raised.   Did you see how nice it is outside?  I'm going out to do some clean up while the sun's out.  Stay warm.

posted by witterpitters on Dec 18, 2008 at 12:46 PM

SYS_MOM: As it happened, at the time of my daughter's car accident, I was working for an insurance claims company in the recovery dept. Yes, my insurance company did go after the parents/kid for their money but what the insurance paid out and what they get back is not always equal. Many times if a claim is $100,000 the company will settle for half just to get back some of the money. On top of that we could have sued for more "pain and suffering" by suing the parents' businesses as the truck was registered in the name of the company. Essentially I could have owned their company if I had wanted to push the issue.

I don't think the kid/mom did anything wrong, I just don't think it was worth $95,000 of our taxpayer money. Of course Rodriguez will get his 1/3.

LING: Oh I forgot, a law suit settlement is not subject to taxation.

posted by Lingtaowoo on Dec 18, 2008 at 01:35 PM

~witter~..but it does take them off the welfare roll....ooopppsss.....they better think of that before they get to the Auto Trader,,,and remember--gangsters love hearing about other gangsters families coming into some money---can we say--""Oh OH Mexico""--run for the border....or just RUN..


posted by learnem on Dec 18, 2008 at 02:34 PM

sys mom

not jumping to conclusions...just calling them as i see them...but maybe since you have obviously much more insight into this matter than possibly any plebian could, maybe you should have corrected the original poster first with all your obvious first hand knowledge

 

 

im just sayin

hmmmmmm 2 brothers with the same name????  sounds like oildale to me

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