GLENDALE, AZ (3TV/CBS 5) - A felon whose face was partially chewed off by a Department of Public Safety K-9 is planning to sue the department for $2 million.

[VIDEO: Man plans to sue DPS after he says K9 mauled his face]

Carlos Balli was on the run after stealing a car on Jan. 17. After a DPS trooper chased him for a while, he hopped out of the car in Glendale and started running, and eventually hid in a bush. DPS used heat signature video from a helicopter to direct three troopers and a K-9, Storm, to Balli’s hiding spot.

Det. Brad Martin, the dog’s handler, wrote in the case report that Balli was not responding to his commands to show his hands, so he sent Storm to go after him. Balli’s attorney Joel Robbins disagrees and says Balli had started to raise his hands in the air when the dog pounced.

[GRAPHIC PHOTOS: Notice of claim from Carlos Balli]

“He’s in the process of giving himself up and accepting the consequence of whatever happens in the criminal venue, and then they let the dog on him,” Robbins said. “And then the dog jumps in and grabs his face and just -- as the officer’s pulling the dog back, he doesn’t seem to release and eventually rips his face, degloves his face.”

Martin wrote that Balli was kicking and hitting the dog and that Storm released his bite on Balli’s face quickly. In the video, though, it looks like at least 10 seconds pass before the dog releases his hold.

“You can see in the pictures that are taken in the hospital where his nose is ripped off of his skull and it’s hanging down,” Robbins said. “The first time Carlos came into our office, he almost didn’t look -- he almost looked like a Muppet than like a human being. He was puffy. He had huge rips, huge scars across his face.”

Martin wrote that Balli’s face was the only body part visible. We asked DPS about which body parts K-9s are trained to bite, but they said the training is done before the dogs ever come to DPS, and the training they receive is not specialized to any one department. Other than that clarification, DPS declined to comment on Balli’s specific case or notice of claim.

In the notice of claim, Robbins says Martin and Storm were also involved in a controversial 2017 case, where a suspect filed a federal suit against DPS, claiming the dog bit his leg for 44 seconds.

“That dog should either have a different handler or be held more in control or should just be retired,” said Robbins.

The notice of claim is just the required first step of an eventual lawsuit. The civil case could drag out for a year or more. Robbins hopes for a settlement before having to go to trial but isn’t necessarily expecting one.

Balli already pleaded guilty to three felonies -- stealing a car, running from police and drug possession. His sentencing for those crimes is set for July 29.

 


Copyright 2019 KPHO/KTVK (KPHO Broadcasting Corporation). All rights reserved.

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(68) comments

kwc813

I've got an opinion, but really don't care enough. So what about all those hours they spend teaching K9's NOT to go for the throat when they're attacked? Seems to me there'd be fewer runners, less liklihood the criminal hurts someone else and no lawsuits. Again, I don't care what you think, this is just something that crossed my mind.

ObeyLaws

Ms. 813 - Feel better getting that off your chest (whatever that was...)??

bobnarizona

Ok everyone, all together now, He fought the dog and the dog won.

HitMe

At what point does this criminal piece of dirt take responsibility for his actions? He should say, "I should not have stolen a car, and the dog tearing my face was a result of my stupid actions, and I must face the consequences." The attorney is in this for the money, nothing else, and the sad part is, he's dirt just like this felon is. Both of them have no common sense. At what point did society stop accepting blame for the individual's actions and blame someone or something else? Glad his face was torn because he should not have stolen the car. Those were the consequences, so accept them and move on, dirty little sh--.

Robtz

Your a idiotic person you didn't know him so you shouldn't speek on things you don't know about ..when the karma comes back on you for bieng so foolish you will think of what you sed on this post...and your kids can receive your bad karma so careful what u speak

trsalemme

awhhh poor baby. Was that idiot who ran from the police your good little buddy? Are you afraid to smooch his face now?

ObeyLaws

Robtz - Stop showing off that fancy Arizona public education!! We're not all as fortunate to be as highly educated as you.

Ems

Hmmm i hope the Dog got a treat! Good boy! Did his job... what do people think police dogs are going to do? Give you a snuggle

Robtz

Another idiot ..when someone you love gets there face torn off by a animal make sure to give em a treat...

trsalemme

What your weak, trolling @ss is failing to grasp, is that 99% of us doesn't have a family member that's going to commit a crime that will involve the police chasing us with dogs. Do you? I hope to see it on the news as well, so I can comment in here again :)

AZ Native

Of course he's going to sue. That's the "in" thing to do now in Arizona. Don't be responsible for your own actions, let's sue! Why should these people have to work for a living, they feel they have suffered immensely. Lazy morons.

Robtz

My boy been working most his life he far from lazy ..and after he gets his money he still gonna work..so your another fool speaking on things you don't know anything about...

trsalemme

The only thing your boy has been working, is your culo.

andthesurveysays

He should nose better than to commit those crimes in the first place!!

nutsplash

"Carlos Balli was on the run after stealing a car on Jan. 17" Nuff said , this idiotic criminal POS. Go south of the border punk where you fit in.

Robtz

We good this is were we fit in these are our lands ...idiot boy...go back to school and learn something

Robs

Drugs chewed off part of his brain, done all by his lonesome also! [scared]

BDub

I believe 5hat victims of alleged police brutality should be allowed to sue. That is the best way to determine if, for instance, an overly aggressive K9 officer is on duty inordinately injuring suspects. However, if the injured suspect is found or pleads guilty, they should be precluded from receiving any compensation for the injuries they sustained in taking them into custody or while in custody. Any damages awarded should be limited and given first to make the victims of the crime whole, and any excess amounts given to rime victim’s organizations. It would serve the purpose of keeping law enforcement honest but not reward criminals.

JustSaying

So tired of the "i'm a victim and i'm going to sue" cr%p. You are a criminal, you already got exactly what you deserved.

Robtz

Ok God... remember what u sed and when karma comes back to you...

docketman

He deserved it...

Robtz

Another idiot

trsalemme

Tell carlos to use a shotgun next time, not a dog.

Speakthetruth

How the heck can you call people idiots yet your use and spelling of the English language is idiotic. Your little lover should stop stealing and he would have kept his face.

HMI

Always wondered the legality of using force like this. If everyone that is injured during an encounter with law enforcement can sue, how long until the system implodes?

JustinP

It would be a lot easier if we didn't allow lawsuits if the person was found to have committed the crime. I have a lot less leniency for those scofflaws of the law vs law abiding citizens.

trsalemme

Not much longer. Preppers have always called it When The SHTF. Its coming.

Dean

Note even the lawyer said "started to raise his hands in the air when the dog pounced." Of he did not start to raise his hands UNTIL the dog "pounced" Too late bubby.

Tony

Take note of the felon's lawyer's name, folks.

Robs

Just have the lawyer go in for a drug test, E would fail.[scared]

Phillup Witgas

OK. I am going to say this AGAIN ! If you break the law, and especially run from the police in the commission of a crime or do not follow an officers commands then all bets are off. You get what you deserve. You put yourself in this position. It is because of your actions you were injured. It is called personal responsibility. Just like the scumbags suing for 10 mil because of their illegal actions and not following commands. It is your fault. Not the police, not the dog and not ANYTHING but yourself. My God, I learned that lesson when I was 15. Very very simple solution : DO NOT BREAK THE LAW !!!

JF Conlon

Is there a 'before' photo of the suspected felon (or is he a convicted felon now) ?

Eastvalleylady

He's a convicted felon....in fact, if you look up his name on the court website, you'll see this isn't his first rodeo

Robs

Ya man baby E looked the same.[scared]

Di

You do the crime your gonna pay. You put yourself out for that. your just mad the dog took you down, it's what they are there for, you just gonna be ugly!

Robtz

You will be ugly too...just wait when it happens remember what you sed about carlos

Tuishimi

So he is out on bail? I wonder what the odds are that he will commit another crime before his trial?

Dean

Oh about 99.99%

Melons

Don't break the law. If you weren't suck a piece of dirt you wouldn't have been in that situation.

Shredder

I guess there was a “face off” between the pup and the felon and the pup won. The felon has no case.

Robtz

Suuuure buddy ....that dog and the office r will pay if the court don't get em God will..

Robs

He should sue god too for his being him! [scared]

gakeller

This kind of activity by felons to sue DPS must be stopped and the dog needs to get an award for stopping this guy. Maybe he will think twice now.

Robtz

That dog needs to be put to death

silicon212

Take ownership of this, dude. You had every opportunity to prevent this from happening. YOU are the reason the police dog went for you. I can't wait to watch a judge laugh this right out of court.

Robtz

He's gonna win no dought...and I hope the dog and the officer get there's ...

ObeyLaws

Yet another example of someone who COMPLETELY controlled his own destiny and made wrong choices. NONE of this would have happened had he not committed felonies and had he COMPLIED when confronted. Period. End of discussion.

azcreed

So right, why steal the car, why ignore Police Commands, 2 Million because you got Bitten? Who fixed your face, thug? We the Tax Payers!!! & the Sleazy Lawyer taking the case..ack!

JustinP

Agreed, IF there was time to comply. Stop or I'll shoot (1 second) bang is not enough time. Put your hands up now (10 seconds) is plenty of time before a dog is sent in.

ObeyLaws

JustinPicposting - You're starting your stopwatch way too late in this incident. This guy had all the time in the world to NOT commit felonies, NOT run from the police, NOT comply with commands, etc., etc. HE controlled his actions. When you fail to comply, you relinquish your control and oftentimes - right or wrong - bad things happen. By trying to hold the officers to such an exacting standard (1 second, 10 seconds, etc.) in a dynamic, stress filled, potentially life-threatening situation is simply not reality. Your unrealistic and inexperienced standards set officers up for failure.

JustinP

Unrealistic to wait more than 1 second? Knowing a helicopter is overhead and no shots fired, no threats to cop?!?! Me thinks you are being unrealistic (yes, I know, bad grammar).

Tuishimi

The officer said the perp was not responding to his commands, so he released the dog. That seems sensible for the officer, not so sensible for the perp.

JustinP

Tuishimi, I'm for this... provided the perp had time to comply. Time is not 20 minutes. I'm asking for 10 seconds.... not too much.

Tony G

Another nefarious street thug trying to get paid. It will be interesting if rev. Maupin gets involved, but it appears he may only interested in cases where nefarious blacks are involved.

Mactact

Q: What's black and brown and looks good on an attorney? A: A doberman pinscher. Q: What's the difference between a dead dog in the road and a dead lawyer in the road? A: There are skid marks in front of the dog. Q: Why is going to a meeting of the Bar Association like going into a bait shop? A: Because of the abundance of suckers, leeches, maggots and nightcrawlers.

braniac9

he’s definitely a dum dum. who would sue for 2million? 😂😂😂. dude- go for 20million lol

LorraineMildred

The dog is the only witness as to the victims hands being raised before the K9 was released....unless the dog has a body camera attached?

Marley

or did he raise them a split second before the dog lunged to try to protect himself or fend off the dog?

lancelot

Another clear cut case of racism. Would these "officers" have released their hounds upon a "white" person???? We all know the answer. SMH.

Marley

Lanceless, Wow! You made good time getting back from the 'rally' on the bridge, huh? Using K9's is sop for non-compliant suspects in hiding after being given orders to come out, show hands, etc. Guy's skin color wouldn't increase or decrease the chances he would be armed and an imminent threat to the officers. Say hello to 'Reverend' dooshbag for us at work tomorrow, ok?

nuusmaan

So- are you saying dog is racist, or the cops shouldn't do their jobs? It might be found to be excessive force, but this was night time, and the suspect was running away. And we weren't there. They probably have video with audio, so if racist remarks were made, it will come out.

JF Conlon

Interesting question . . . could the dog be racist? Unfortunately, Ax (a black K-9), is no longer with us. He may have had a different view of Storm's behavior.

HitMe

Joan, what are you talking about? Left field, completely.

nutsplash

You racist punk shut you man butter hole.

HitMe

Hahaha! Racism! It's so convenient to use the race card when it's a person of color, but would you post a comment at all if the person was a white man? No. You sir, are a racist. You are the one flinging the race card all over when no one else did. DOUBLE SMH

Wazoolie

Steal car,run,hide.tough luck felon. Your lucky dog didn’t go for your crotch!

Marley

If excessive force can be proven, he may have a case. In the meantime, maybe he should consider a career in law enforcement, he has the nose for it!

Wayne kenoff

I mean, you’re doing criminal stuff. You expect to be babied? He was in the process of putting his hands up. Sooooo where was his hands when the officer was commanding him to show his hands before he sent the dog?

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