During a break-and-enter, a police dog – at the direction of their handling officer – had located and immobilized Fizell by biting hard on Fizell’s right hamstring. Police advised the accused to not resist the dog, as they were trained to hold only, not to harm. Upon examining the police dog after the arrest, officers noted a cut above the dog’s eye. Police alleged that the accused used the same tool against to dog as he used to break and enter into the building – a screwdriver. The Accused argued that the dog was likely cut during the struggle underneath the stairwell which had nails and screws on the ground.
The particular document attached dealt with two charged of contempt, but the accused was found guilty of assault the police dog and sentenced to 33 months for the break-and-enter and assault charges.