An Ypsilanti man is facing a rare criminal charge after federal prosecutors said he beat a Michigan State Police K-9 so badly while trying to flee police that the male German shepherd suffered a traumatic brain injury.

The alleged assault is the latest blemish on the long rap sheet of 34-year-old Carlos Harris, whose criminal history is filled with arrests and convictions for assault, gun crimes, threats, carjacking and repeated acts of resisting, obstructing and assaulting police officers.

Federal court records describe how a fugitive apprehension team hunted Harris through the streets of Detroit before Kai, the German shepherd, caught him and bit into the man’s shoulder. Harris responded by striking the approximately four-year veteran of MSP, which has one of the largest K-9 units in the country with more than 60 dogs, twice in the head, according to the government.

Federal court records, statements from prosecutors and a defense lawyer described a frantic chase through the streets of Detroit, a beating and the surprise that prosecutors would file the rarely used charge in hopes of punishing a man whose lawyer said Harris was simply defending himself.

“I’ve been at the Federal (Community) Defender Office for 35 years, and I have never seen the government charge a person with harming a police animal — for fighting off the attack from the animal,” Harris’ court-appointed lawyer, Rhonda Brazile, said during a recent detention hearing. “Now, it’s a police animal. Granted. But … when a dog is attacking you, your instinctive human response is to fight. You don’t let the dog continue to bite you….”

Brazile did not respond to a message from The Detroit News seeking comment.

A national review of federal court cases showed two other cases involving assaults on K-9s in the last seven years. Only one ended in a prison sentence of more than three months.

In the Detroit case, U.S. Magistrate Judge Anthony Patti ordered Harris detained last month while the case is pending, citing the man’s history of violence, attempts to evade law enforcement and dangerousness.

In detaining Harris, the judge reflected on the unique nature of the case.

“I’ve been here 11 years,” Patti told the defense lawyer, “and I’ve not seen this charge before. But I want to ask you this: Wasn’t he already fleeing from the fugitive task force when the dog was deployed?”

“Mr. Harris had not been apprehended. … He was trying to make his escape from the fugitive task force,” Brazile said.

“OK, so that’s why I have a lot less sympathy for the fact that the dog then went after him,” the judge said.

If convicted of harming a law-enforcement animal, Harris faces a maximum sentence of 10 years in prison and a $250,000 fine. A jury trial is set for March 24 in front of U.S. District Judge Linda Parker.

Such penalties are rare.

In June, 70-year-old Hamed Ramadan Bayoumy Aly Marie was sentenced to probation and deported after investigators said he kicked a 5-year-old beagle, Freddy, a U.S. Customs and Border Patrol K-9, at Dulles International Airport in Dulles, Virginia, after arriving on an EgyptAir flight.

Freddy had discovered 55 pounds of beef, 44 pounds of rice, 15 pounds of eggplant, cucumbers and bell peppers, two pounds of corn seeds and a pound of herbs ― all smuggled illegally into the U.S. — in the man’s luggage.

And in 2019, Mexican national Jose Roberto Guapo-Alvarez was sentenced to 100 days after being accused of trying to sneak into the U.S. and kicking Roki, a U.S. Border Patrol K-9, in the head near San Ysidro, California.

In the case of Harris, the Ypsilanti man is dangerous and a flight risk, Assistant U.S. Attorney Nhan Ho wrote in a detention memorandum.

“His conduct is consistent with his history of violence, flight, and repeated noncompliance with court supervision and conditions of release,” Ho wrote.

The police chase happened June 13, when members of the Detroit Fugitive Apprehension Team tracked Harris to a home in Detroit to execute arrest warrants for violating probation.

“Upon realizing that law enforcement was present to arrest him, Harris fled by jumping out of a window, running out the rear of the residence, scaling a fence, and entering the street,” Ho wrote.

That is when Kai started pursuing Harris. After catching Harris, the dog bit him on the left shoulder.

“Harris responded by swinging his arm and striking Kai in the head,” the prosecutor wrote. “When Kai attempted to reengage, Harris struck him a second time, causing Kai to yelp and disengage.”

Officers intervened and detained Harris.

“After being detained, Harris began exhibiting signs consistent with a drug overdose, which he later admitted was the result of ingesting narcotics, and he was transported to a hospital for evaluation,” Ho wrote.

The attack left Kai suffering from a small laceration near its right eye.

“Following the encounter, Kai became lethargic, held his head down, and repeatedly shook his head. He later began dry heaving and appeared abnormally subdued,” Ho wrote.

A veterinary examination revealed abnormal neurological findings, she added.

“The veterinarian diagnosed Kai with a traumatic brain injury consistent with blunt-force trauma,” Ho wrote.

On Thursday, Harris’ lawyer requested additional records to evaluate the traumatic brain injury diagnosis and the veterinarian’s qualifications. Those records include Kai’s service and complete veterinary records, as well as body-worn camera footage from Kai’s handler and responding task force members that might show Kai’s behavior and demeanor before, during and after the incident.

Kai’s handler is Trooper Joshua Olszewski, and the duo works out of the state police district headquarters in Wayne County. When off duty, Kai lives with Olszewski.

“They form a real bond with their handler,” Michigan State Police First Lt. Mike Shaw told The Detroit News. “And also with the handler’s family, so we take it personal when people assault not only members of the MSP but our K-9s.”

Kai underwent treatment after the incident, recovered and returned to duty, Shaw said.

“He’s working so, fortunately, he made a full recovery,” Shaw said. “He’s doing well. Naturally, these K-9s are very important for us. They do a lot of things humans can’t do in detecting odors and going into places we can’t go. We are very grateful.”

The alleged K-9 attack marked a persistent and escalating pattern of violence and crime by Harris, according to the prosecutor.

Patti, the judge, was concerned about the risk of releasing Harris on bond given his history and failure to comply with court orders.

“I don’t really intend to send the (U.S.) Marshals (Service) out every time he needs to go to court,” Patti said. “And given his history, which appears to be that he never shows up for court, ever, I mean, it’s just every single time he’s been in trouble with the law, there’s a non-appearance. Every one. Pretty much. I mean, I may be off by one or two. But it’s a lot.”

Brazile responded: “And that’s in his past.”

rsnell@detroitnews.com

Winter is in full effect, and if you’re looking for something to do this weekend in and around Detroit, there are a few events to help keep you warm.

First, get ready for some prehistoric family fun. Dinosaur Adventure, will feature life-sized dinosaurs that move and interact with kids. There will be Dino rides, fossil digs, obstacle courses, playgrounds, bounce houses, a baby dinosaur meet-and-greet, and much more. The experience stomps into Huntington Place at 1 Washington Blvd, Detroit, Saturday 9 a.m. until 8 p.m., and Sunday 9 a.m. until 7 p.m.

Here’s an event where you can give back. The Detroit Darlings organization is hosting a community clothing drive. They are collecting new and gently used clothing and personal items for non-profits in the area, as part of their “Galentine’s Give Back.” The event is meant to build confidence while helping others. It will offer a full makeover to an individual in need. It’s happening Saturday 12 p.m. until 4 p.m. at Carley’s Place Boutique, 29187 Northwestern Hwy, Southfield.

It may be freezing outside, but if golf is on the brain, here’s your chance to hit the course. The Chili Golf Open is happening at the Farmington Hills Golf Club. There will be a snowy 8-hole course, with a hot dog and chili lunch. The event is on Saturday. Tee times are 10 a.m. and 12 p.m. at 37777 Eleven Mile Ct, Farmington Hills.

The Lake Orion Ice Fest is also bringing the chill and chili. The fest will feature ice carving demos, Jack Frost scavenger hunts, business bingo, a winter storybook stroll, and more. New this year is the chili cook off competition with several downtown restaurants participating. Samplings are from 12 p.m. until 3:30 p.m. – the fest runs 10 a.m. until 4 p.m. in Downtown Lake Orion.

To see the full segment, please click the video above.

Photo Cred: Dinosaur Adventure