Police dog ordered to ‘get him’ as officers kick man in a case of mistaken identity

Miami Herald

A St. Paul police officer has been suspended and a second placed on unpaid leave after an arrest that left a man hospitalized for two weeks and prompted an apology from the city’s police chief.

Chief Todd Axtell released a graphic dashcam video of their actions on Friday -- more than four months after the June 24 arrest -- following a use-of-force review and internal affairs investigation. It shows Frank A. Baker, 53, of St. Paul, writhing and screaming as a police dog named Falco bites down on his right leg.

“As St. Paul’s police chief, I’m disappointed and upset by what the video shows,” Axtell said at a news conference. “I’m profoundly saddened. I’m releasing this video today because it’s the right thing to do.”

The video shows six officers standing around Baker, whom they believed matched the description of an armed suspect. Officer Brett Palkowitsch kicks Baker in the midsection three times as Baker is given orders and cursed at.

“Get him, buddy,” an officer says at one point, presumably to Falco. “Get him, buddy. Good.”

Police reports released Friday said the officers were called at 10:08 p.m. that day to the 1800 block of 7th Street E. on a report of people armed with bats, golf clubs and at least one gun. They arrived to find several people standing outside some apartment buildings, but “none of the people appeared to be alarmed, arguing, or fighting,” said a report written by officer Joe Dick. “None of the people were holding bats, golf clubs, or guns.”

Brian Ficcadenti, the first officer to encounter Baker in a parked car behind a building and the one who deployed Falco, was put on a 30-day suspension beginning Thursday.

Ficcadenti wrote in his report that he ordered Baker out of the car because he matched the description of an armed suspect. Baker obeyed. When he ordered Baker to put his hands up, Baker put one hand up and then down and shifted “back and forth” toward his vehicle and another to his left, said Ficcadenti’s report.

“Because of this I was unable to determine if he had anything in his hands or if he was reaching for anything,” Ficcadenti wrote. He said Baker refused to walk to him, so he released Falco. The dog gripped Baker’s leg for about 70 seconds, said a settlement letter written by Axtell.

In the Nov. 3 letter, Axtell wrote that Ficcadenti’s actions violated seven department policies. “Once you did engage [Baker] verbally, you gave him less than 20 seconds to completely comply before releasing your K-9 and running toward the citizen,” Axtell wrote. “This decision created unnecessary risk and was not consistent with policy or training.”

Ficcadenti will not be allowed to return to the K-9 unit. Palkowitsch was placed on unpaid leave starting Thursday. Police confirmed that he is the subject of an ongoing internal affairs investigation. State law prohibits the department from divulging more, said police spokesman Steve Linders.

Palkowitsch wrote in his report that he kicked Baker in the midsection two times because he was moving and stopped complying with Ficcadenti’s orders.

“Again I fully believed that Baker was armed with a firearm and I wanted this now progressively evolving use of force encounter on a gun call to end as fast as possible for the safety at the scene,” Palkowitsch wrote.

Baker stayed prone after the second kick, then reached toward the dog, Palkowitsch wrote, so he delivered a third and final kick.

Along with Dick, the other officers at the scene were Brian Nowicki, John Raether and Anthony Spencer. Spencer is on personal leave, and the others are actively assigned to the Eastern District.[...]