Defendant shot police dog but never tried to shoot officer, defense attorney says (2024)

CROWN POINT — A defense attorney for a man accused of shooting a Gary police K-9 and shooting at his handler last summer said his client acknowledges he shot the dog, but denies ever pointing his firearm at the officer.

Defense attorney John Cantrell said Spencer Patterson, 30, of Gary, was bit by K-9 Falco on July 13 while running from Falco's handler Sgt. Angel Lozano on the 1000 block of East 35th Place, so he turned around and shot Falco, killing him.

Patterson was chargedwith attempted murder, attempted battery with a deadly weapon, resisting law enforcement and striking a law enforcement animal. His trial began Tuesday in Lake Criminal Court Judge Salvador Vasquez's courtroom.

Cantrell said there is no physical evidence that Patterson shot at Lozano during the chase and Patterson denies the accusations.

"My client [was] not shooting at this officer," Cantrell said.

Supervisory Deputy Prosecutor Michelle Jatkiewicz said witness testimony, photos from the crime scene, audio from dispatchers who communicated with officers during the incident and testimony from a detective who interviewed Patterson will support the theory that there was indeed an exchange of gunfire between Patterson and Lozano.

Jatkiewicz said evidence will show this whole incident lasted only about two minutes.

"And in those two minutes, both what [Patterson] does and does not do is what brings him here today," she said.

Lozano testified that he was on duty with K-9 Falco patrolling Gary's Glen Park neighborhood around 1:40 p.m. when he received an alert from the city's FLOCK license plate reader system that a vehicle associated with Patterson, who had a warrant out for his arrest, was nearby on Ridge Road and Broadway and headed east.

Lozano said he radioed Cpl. Shanesha Joseph, who was also on shift, where the vehicle was heading.

As he drove east, he saw the car parked on 35th Place with a man who appeared to be Patterson behind it, searching through the trunk. He said he stopped his police vehicle, exited and instructed Patterson to come toward he vehicle and place his hands on the hood of the car.

Patterson complied, Lozano said. He said he patted Patterson down to check for weapons. He described Patterson as "fidgety" and said Patterson gave him a fake name when asked.

"When I attempted to put handcuffs on him, that's when he pushed off the vehicle and tried to flee," Lozano said.

Lozano said chased Patterson, radioed for backup and commanded Falco to follow him. The window of the car was down so Falco could leap out if necessary.

Patterson jumped over a fence and into the backyard of a home on the street and Falco followed, Lozano said. Lozano said he could not jump the fence so he walked around to let himself into the yard and heard several shots fired.

"I see Falco, laying there in the middle of the yard by the tree," Lozano said.

Lozano said stopped to check on his dog, but the K-9 had no signs of life. He said he then heard rustling from nearby and slowly crept along the side wall of the home to the west side of the residence. He peeked around the corner of the house and saw Patterson on the ground with a black firearm, supposedly pointed straight at him. Patterson fired, he said.

"When those shots were fired, what did you do?" Jatkiewicz asked.

"I returned fire," Lozano said.

Patterson then surrendered and was taken into custody, Lozano said. No one was injured from the gunshots.

Despite his close connection with the pup, Lozano said he did not let the shooting of his dog dictate how he responded to Patterson.

The trial will continue Wednesday in Lake Criminal Court Judge Salvador Vasquez's courtroom.