NEWS

Fishers teen bitten by police dog on night of fatal stabbing says he’ll sue

Cara Anthony
cara.anthony@indystar.com

A teen bitten by a police dog in Fishers the same June night that another teen was fatally stabbed nearby said he intends to sue the Hamilton County community.

Brandon Murphy, 19, Fishers, in a tort claim filing on July 17, says a police dog bit him repeatedly on June 22 in the same disturbance in which Connor Shockley, 18, Fishers, was fatally stabbed.

That night, Shockley and Corbin M. Montgomery, 18 — who has been charged with murder — were arguing over a girl when Shockley was stabbed.

According to Murphy, when Fishers police arrived that night where he and his friends were gathered, an officer escorted him to the stabbing scene to gather information. However, when another officer arrived with a police dog, Murphy says the dog attacked him.

“It was wrapped around me tight,” Murphy said in an interview Friday. “I told him (the officer), ‘Please get this dog off of me.’ ”

The dog bit Murphy, severely injuring his groin and legs, said his attorney, David Stewart of Carmel. Murphy was taken to IU Health Saxony Hospital for treatment that night and later required surgery, Stewart said.

Murphy also said Friday that the police dog continued to bite him while other officers stood by.

“There were no commands (to the dog) until they had me in cuffs,” he said Friday.

Fishers police dispute Murphy’s version of events.

A statement issued by Fishers Police Chief George G. Kehl on July 2 — before the tort claim was filed — said Murphy was trying to flee from the stabbing scene when he was approached by officers. Police said Murphy did not listen to their commands to stop running.

“The individual ignored the commands and continued to run,” the police statement said. “The K-9 officer instructed his police K-9 to chase and apprehend.”

Fishers police conducted an internal investigation, the statement said, and determined that officers acted in accordance with their training, that no departmental policies were broken and that the K-9 officer was in “complete control” of his police dog at all times.

However, the police statement also recognized that things could have gone differently that night. “Increased communications, between the initial officer and the K-9 officer, may have assisted in determining the individual’s actual intent,” it said.

A tort claim is the first step before a lawsuit against a public institution can be filed.

Stewart said Murphy’s parents, Lee and Nicole Murphy, will be listed as plaintiffs in the lawsuit. They also said Friday they were upset that their son was handcuffed behind his back even as he sat in a hospital bed the night of his injuries.

Murphy did not face any charges in the June incident. The Fishers Police Department has declined to comment further on the case and referred questions to the Hamilton County prosecutor’s office.

Lee Murphy said they are suing the city because “I want justice for my son.”

The Murphys are seeking damages to cover the cost of medical bills, as well as for emotional suffering, but did not provide an estimate of those costs. Brandon is seeking therapy as he continues to recover from his wounds.

“Physical pain will go away. The scarring never will,” Stewart said.

Call Star reporter Cara Anthony at (317) 444-6049. Follow her on Twitter: @CaraRAnthony.