Dog cleared of profiling, back on duty

A McKees Rocks police dog accused of racial profiling in an incident that drew national attention is innocent of any wrongdoing, a borough investigation found.

"Simply stated, there is no evidence that Dolpho (the dog) was dangerous or uncontrollable in the past," said a 13-page report by borough Solicitor John A. Bacharach. The report was dated Thursday, and the Pittsburgh Tribune-Review obtained a copy Friday.

The report absolves Dolpho and his owner-handler, Officer Shawn Barger, of any wrongdoing in a June 7 incident when Dolpho attacked Brandon Livingston, 9. The dog bit the boy on the thigh to the point where Barger had to lie on the dog to force him to release his grip.

The officer had been chasing a drug suspect who is white. Brandon is black.

Livingston's mother brought the matter to the attention of Councilwoman Wanda Jones Dixon, who suggested the dog attacked Livingston because he is black and should be put down because of that.

Jones Dixon doesn't entirely agree with Bacharach's conclusion.

"There was wrongdoing because the dog bit the child," she said.

She called it an injustice that the dog was returned to duty Wednesday and said she will warn parents.

The June 7 incident started when Barger saw an apparent drug deal and followed a car containing the suspect, later identified as Donald John Wilczak, the report said. Wilczak eventually jumped from the car and ran, and Barger chased him. During a struggle on a porch in 700 block of Boquet Street, the remote release device on Barger's belt apparently was activated unintentionally, and the door on the police wagon opened, the report said. As Barger radioed for assistance, the suspect got away and ran west.

The report said Barger saw Dolpho standing on the sidewalk next to the police Jeep, looking at Wilczak as the suspect turned onto Margaret Street. Barger yelled "pletz," the command for "down," but Dolpho ran to the top of Margaret Street. Barger turned onto Margaret and saw 10 or more children running away, screaming. One was Brandon, whom Dolpho grabbed by the thigh and pulled from the porch steps to the street, the report said.

Barger ran toward Dolpho yelling for him to stop, but the dog did not release the boy. The report said Barger tackled Dolpho and choked him off Brandon, then lay on Dolpho until the dog calmed down.

Carol Carlin of Frank Street told Bacharach that she saw Wilczak between her house and the one next door. That path would have taken Wilczak through or near the children on Margaret Street and within a few feet of the Livingston's porch, the report said.

At a borough council meeting three days after Brandon was bitten, Brandon's mother and Jones Dixon charged that the dog had been trained to attack blacks.

Bacharach's report said Dolpho's trainer, Kenneth J. Molen, said the dog might have become confused or overstimulated by the noise and confusion. Molen said he does not train dogs to distinguish or focus on any race and that his training regimen does not use decoys that appear African American, according to the report.

Bacharach said Dolpho had attacked humans four other times since the police imported him from Germany in July 2000. Each time, the dog was acting on his training or as the result of a command, and "the use of force was justified," the solicitor said.

Dolpho was not used pending results of the investigation, but returned to duty during a drug sweep in McKees Rocks and Stowe. McKees Rocks police Sgt. Carl McBain said Barger made some arrests in the sweep, but Dolpho remained in the van.

Bacharach also recommended that the borough buy a remote release device that would keep Dolpho from being accidentally released.