Confidential Settlement Reached in Montgomery Police Dog Fatality Case

In a case that has gripped Montgomery, Alabama, the family of Walter Pettaway, a man fatally injured by a police dog, has reached a confidential settlement with the officer who handled the K-9. Pettaway, a 51-year-old Black man, tragically bled to death in 2018 after the police dog, named Niko, tore into his thigh, severing a crucial artery.

The incident, which led to a federal lawsuit in 2019, accused Officer Nicholas Barber of using excessive force and brought broader claims against the city of Montgomery and its then-police chief, Ernest Finley. According to recent court records, Barber’s attorneys have confirmed that a settlement has been reached, though the terms remain confidential. Barber, who no longer serves with the Montgomery police, faced scrutiny for his role in the incident, with the settlement marking a significant development in the legal battle.

Griffin Sikes, the attorney representing Pettaway’s family, emphasized that while the settlement resolves the excessive force claim against Barber, the fight is far from over. The family is actively appealing their case against the city of Montgomery, arguing that a city policy forbidding officers from administering first aid directly contributed to Pettaway’s death.

Sikes highlighted the failure of Montgomery's police policy, stating, "The city of Montgomery neglected to provide immediate and adequate medical care to someone injured by their officer—not because the officer failed individually, but because of a flawed city policy."

Attempts to obtain comments from Barber and city representatives have gone unanswered.

The events leading to Pettaway’s death began in July 2018, when Montgomery police responded to a report of a possible burglary. They found Pettaway asleep in a house he had been helping to repair. Body camera footage exists but has not been released to the public, with the city and federal court citing concerns over potential public unrest.

It took two years for Pettaway’s family attorneys to view the footage. According to their court filings, the video reveals that Niko’s bite lasted nearly two minutes, during which Barber struggled to free Pettaway from the dog's grip. Barber testified that he had to choke the dog to the point of near unconsciousness to release Pettaway, who was subsequently dragged outside by officers and left to wait for an ambulance. Pettaway died at the hospital from his injuries.

The court filings also describe a chilling exchange between Barber and another officer minutes after the attack. The officer asked Barber, “Did ya’ get a bite?” to which Barber responded with a chuckle, “Sure did, heh, heh,” and later added an explicit affirmation.

The Pettaway family contends that the officers could have attempted basic first aid, such as applying pressure to the wound or using a tourniquet—measures even Boy Scouts are taught. However, due to the city's policy against police officers administering emergency medical care, they allegedly stood by as Pettaway's condition worsened.

Despite U.S. District Judge Emily C. Marks’ decision to dismiss the family’s claim against the city and her refusal to release the video footage, the Pettaway family remains determined to hold the city accountable. Sikes reiterated the importance of their appeal, stating, "Montgomery's police department has a duty to protect all citizens, including those in custody. The public entity must be held accountable for failing to fulfill this responsibility."

The case continues to raise significant questions about police practices and the policies that govern their actions in critical moments.