SJPD sued after K9 attacks sleeping man: lawsuit

(KRON) — The City of San Jose and the San Jose Police Department are facing a lawsuit after a police dog viciously attacked a man in his apartment, video shows. The man lost half of his ear and suffered wounds to his face, arms and neck.

The man attacked, Fernando Villanueva-Galvez, was 19 years old at the time. Lawyer Angel Alexander described him as a “small guy, quiet young man.”

Confrontation at laundry room

Police were called to the Unity Care apartments at 923 Northrup St. on Oct. 1, 2023 after an altercation at the complex’s laundry room, the lawsuit says.

According to Alexander, Villanueva-Galvez had been harassed numerous times by another tenant at the complex and her boyfriend. The pair had taken his clothes out of the washing machine and thrown them on the floor multiple times. He did not want to confront them as the boyfriend was known to have a gun, the suit said.

Villanueva-Galvez was again accosted by the tenant and her boyfriend on the night in question, and when he later returned to the room to get his laundry, he brought a knife, Alexander said. The pair physically assaulted him, and Villanueva-Galvez took out the knife. The altercation ended with the woman receiving a puncture wound. Alexander described it as superficial and said she declined medical attention.

Police arrive, Villanueva-Galvez attacked

Villanueva-Galvez then went back into his unit and fell asleep, Alexander said. Police were called to the scene and waited outside Villanueva-Galvez’s apartment.

The officers made commands over a vehicle PA system, but Villanueva-Galvez never woke up, Alexander said. The lawsuit claims SJPD never stated Villanueva-Galvez’s name.

After four hours, officers used a battering ram to open Villanueva-Galvez’s door and sent in the K9 named Ronin.

“The next thing he knows, he was woken up by a dog chewing on his face,” Alexander said.

The officer made five commands for the dog to get off Villanueva-Galvez, but it continued to bite him all over his body, Alexander said. Officers finally entered the apartment after hearing the man scream.

The lawsuit claims the officers allowed the attack to continue for more than a minute, and the dog did not follow his handler’s commands to get off him. The video shows Villanueva-Galvez bleeding heavily from his face.

“The animal was so bloodthirsty. His animalistic instincts had kicked in. My client was prey at this point. This animal was completely out of control,” Alexander said.

Villanueva-Galvez was hospitalized after the attack. He is now missing half of his ear, has partial vision and hearing loss, and lost strength in his arm, which affects his occupation as a farmworker.

KRON4 acquired gruesome photos showing the wounds Villanueva-Galvez suffered in the attack, but we are choosing not to show them. A heavily edited version of the video showing the attack is included above.

Villanueva-Galvez returned to work not long after the attack for financial reasons, Alexander said.

The San Jose Police Department did not respond to a KRON4 inquiry regarding the incident and the lawsuit.

​(KRON) — The City of San Jose and the San Jose Police Department are facing a lawsuit after a police dog viciously attacked a man in his apartment, video shows. The man lost half of his ear and suffered wounds to his face, arms and neck. The man attacked, Fernando Villanueva-Galvez, was 19 years old […]