A Maryland man who says an Alexandria K-9 officer injured him during his 2023 arrest has filed a civil lawsuit in federal court against that officer’s handler and former Alexandria Police Chief Don Hayes.
William Kyle III claims to be the victim of excessive force by police after he was pulled over on July 15, 2023, near a northbound entrance to Interstate 495. Kyle alleges the actions of Alexandria Police Department officer Matthew Wilson and K-9 officer Ares resulted in what he describes as a “severe and permanent” injury to his right shoulder. It was inflicted after Kyle was handcuffed and in police custody, according to the civil complaint filed with the U.S. District Court for the Eastern District of Virginia.
Kyle was transported to the hospital after his arrest and charged with brandishing a firearm, assault and battery, and obstruction of justice/resisting without force. All charges were later dropped in court. Now, Kyle says that he has “severe injuries, medical bills, decreased earning potential, reduced limb function, mental anguish, emotional distress, loss of enjoyment of life and other non-pecuniary losses,” according to his complaint.
Former Chief Hayes is included in the lawsuit because he was Wilson’s supervisor.
“Defendant Hayes was responsible for the establishment of policies, either formally or by custom, regarding employment, training, supervision, and conduct of law enforcement officers of the Alexandria Police Department,” according to the complaint. “Additionally, he was responsible for the employment, training, supervision, and conduct of Defendant Wilson.”
Also in Kyle’s complaint is a photo of his severely injured shoulder. The graphic image shows two deep punctures.
According to Kyle’s complaint, he alleges:
On July 15, 2023, at approximately 8:30 p.m. Ms. Shakala Talbert called 911, alleging that Mr. William Kyle, III, Plaintiff, had physically assaulted her and two youths. She further alleged that she saw the Plaintiff with a black object in his hand that appeared to be a handgun. She reported that the Plaintiff left the scene in his vehicle.
At approximately 9:07 p.m., officers located the Plaintiff’s vehicle on the northbound entrance ramp of I-495 and conducted a felony traffic stop. The driver’s side window was down but Plaintiff remained inside the vehicle.
Over the course of the next 5 minutes, multiple officers gave multiple commands to the Plaintiff at gunpoint. Officers ordered Plaintiff to open the driver’s door, to put both of his hands outside of the driver’s window, to put his hands on the roof, to put his hands on the steering wheel and to put his left hand outside the window and open the door.
During this time, the Plaintiff remained in the vehicle. Officers observed the Plaintiff put his hands outside of the window and bring them back inside the vehicle. Officers observed the Plaintiff rest his right arm on the front passenger seat headrest. Officers observed the Plaintiff put his hands on the steering wheel and remove them.
After approximately 5 minutes of commands, Officer Matthew Wilson (“Defendant Wilson”) and K-9 Officer Ares arrived on scene. Shortly thereafter, Defendant Wilson deployed Ares through the driver’s side door while Ares was on a 20-foot lead. Defendant Wilson gave Ares the command to bite – “Smash.” However, Ares did not bite the Plaintiff. Officer Wilson quickly removed Ares from the vehicle, then, deployed Ares into the vehicle again. Defendant Wilson, again, commanded Ares to bite the Plaintiff. Again, Ares failed to bite the Plaintiff and was removed from the vehicle a second time.
At that time, officers opened the driver’s door and forcibly removed Plaintiff from the vehicle. Officers grabbed the Plaintiff’s right arm and forced him onto the ground. Plaintiff landed on his side with his left arm exposed and his left hand partially under his body but not moving. Several officers physically assisted in the arrest.
Immediately and without warning, Officer Wilson deployed Ares on the Plaintiff while the Plaintiff was lying on the ground being handcuffed by other officers.
Officer Wilson gave Ares the “Smash” command 9 times while the Plaintiff was lying on the ground. Six of the “Smash” commands were given after officers had control of both the Plaintiff’s left and right hands.
The police never saw any object resembling a firearm in Plaintiff’s possession.
There are no Alexandria Police Directives requiring law enforcement officers to provide a verbal warning that a K-9 will be released prior to releasing the K-9 under the circumstances presented in this case.
The case has been assigned to U.S. District Judge Leonie M. Brinkema. A court date has not been set.
Kyle is represented by attorneys Kimberly Stover and Joseph King. ALXnow reached out to both attorneys; neither wished to provide a comment.
ALXnow also reached out to the Alexandria Police Department, which did not comment on the matter.
