Man bit by Sacramento Sheriff K9 14 months ago sues county. Why is the video not released?

A man who was allegedly bitten by a Sacramento Sheriff K9 so hard he needed surgery has sued the county.

The incident occurred on Jan. 14, 2023, when Citrus Heights police officers and Sheriff’s deputies responded to a call for service at an Citrus Heights apartment complex.

Officers ordered Joshua Cozac out of his apartment and he exited as instructed with his hands raised in the air, alleges the lawsuit against the county and the city of Citrus Heights, filed in Sacramento Superior Court last month.

Cozac’s hands were empty and he had no weapons on his person, the lawsuit alleges. Officers then ordered him to lay on his stomach. As he began to lay down, an unknown Sheriff’s deputy released his canine.

The canine bit Cozac multiple times on his arm and body, causing severe nerve and tissue damage that required surgery, the lawsuit alleges.

Asked for comment, Sheriff’s Office spokesman Sgt. Amar Gandhi said in an email that he could not comment on pending litigation.

A Citrus Heights Police Department news release the morning after the incident recounted the events differently than the version in the lawsuit as it called Cozac “uncooperative.”

The release said officers responded to 911 calls reporting a shooting at a Sunrise East Way complex. When officers arrived they saw Cozac “indiscriminately pointing a handgun equipped with a weapon mounted light.”

Cozac then went into his apartment. After several hours, during which time police attempted negotiations, he exited the apartment along with two other people who were not involved.

“While attempting to take him into custody, he resisted officers and a police K9 was utilized, resulting in a dog bite,” the release states.

Officers never located a gunshot victim.

The body camera video would likely illuminate whether Cozac was uncooperative. But 14 months after the incident it’s still not released.

Although the incident occurred over a year ago, Cozac still has not been sentenced, and his criminal charge is still active. Therefore the Sheriff’s Office is not yet required to publicly release internal affairs documents regarding the incident.

Senate Bill 1421 requires law enforcement agencies to release records for incidents in which officers caused death or severe injury, which would include a K9 bite requiring surgery. But it includes an exemption for cases that are the subject of an active criminal case.

The video and documents regarding the K9 bite will eventually be released on the Sheriff’s Office’s transparency web page, Gandhi said.

Citrus Heights Police Department declined comment due to pending litigation, said spokesman Lt. Wesley Herman.

The lawsuit claims negligence, civil assault and battery.