WEST JORDAN, Utah — Facing up to 15 years in prison, Salt Lake City police officer Nickolas Pearce took the witness stand Thursday to explain why he ordered his dog to bite a man who had his hands up and one knee on the ground.
Nickolas Pearce said the initial dispatcher report of Jeffery Ryans abusing his wife raised his concerns that he and his dog, Tuco, and two other police officers were walking into a dangerous situation. He also was worried Ryans would flee and return angrier.
“If they’re allowed to leave the scene of a crime,” Pearce testified, “it creates a much more dangerous situation for the people involved.”
As Pearce and Tuco approached Ryans had a knee on the ground while holding onto the fence looking back at the officer and K-9. Pearce called it a “position of advantage” and thought Ryans might still try to flee or fight with police.
“At that moment,” Pearce testified, “I decided that the safest way to take him into custody was going to be with the use of Tuco.”
“I gave him the command to ‘hit,’” Pearce added, “which is the command for biting.”
Pearce said he gave Tuco another command instructing the dog to hold the bite in one spot on Ryan’s left leg. The alternative, Pearce explained, was to release Tuco and risk him chewing up and down the leg, doing more damage to Ryans.
Under cross examination, Deputy Salt Lake County District Attorney Andrew Deesing questioned whether the scene was as dangerous as Pearce contended.
“So, the domestic part of this has deescalated,” Deesing said. “He was beating his wife and has now stopped. Is that a fair way to put it?”
“Sure,” Pearce replied.
“Had he taken a fighting stance?”
“He had not taken a fighting stance.”
Closing arguments are expected Friday.
Prior testimony and evidence showed Ryans was in a corner of his backyard surrounded by his house, fences and police officers.
Ryans was later convicted of a misdemeanor count of violating a protective order. He was not charged with assault or domestic violence for anything that happened the morning Tuco bit him.
Defense attorney Nathan Evershed spent much of the morning asking Pearce, 42, about his history. Raised in Sandy, Pearce’s father was a Salt Lake City police officer for 34 years, including a stint handling a dog trained to search for drugs.
Pearce testified that he fought wildland fires for six years. Then, newly married, he decided to become a police officer because it meant he wouldn't be away from his family so much. He obtained his peace officer certification in 2006. Pearce joined Salt Lake City’s K-9 squad in 2010, eventually becoming a trainer for other handlers and their dogs.
He picked out an 11-month-old puppy named Tuco in 2017. Tuco was certified two years later.