Prosecutor asks judge to dismiss a felony charge against an unarmed Black man who was bitten by police dog in Ohio

By Jamiel Lynch, Sara Smart and Isabel Rosales, CNN

(CNN) — A prosecutor is asking a judge to dismiss the felony charge against an unarmed Black semi-truck driver who was attacked by a police dog after a chase in Ohio on July 4.

Jadarrius Rose, 23, was bitten by a K-9 after a lengthy vehicle pursuit that included state troopers and police officers. The chase started when Rose didn’t stop for an inspector trying to pull him over for a missing mud flap, according to an Ohio Highway Patrol case report and footage released by the agency.

“I didn’t want to die in the hands of police,” Rose later told CNN, saying he didn’t know why he was being pulled over and was scared. The pursuit unfolded as police use of force, especially against people of color, is under scrutiny nationwide.

After Rose eventually stopped, exited his truck and surrendered to authorities with his hands up, a Circleville Police officer released the dog, which pulled Rose to the ground, video of the incident shows.

Rose was treated at a hospital before being taken to the Ross County Jail, the highway patrol report said. He was released from custody on July 7 as the investigation continued, the Ross County Prosecutor’s Office told CNN.

Rose was facing a felony charge of failure to comply with an order or signal of a police officer, the highway patrol report said.

In a motion filed last week, prosecuting attorney Jeffrey Marks asked the judge to dismiss the charge against Rose, saying “(T)here is insufficient evidence” to prove a felony-level violation.

Marks asked for the matter to be dismissed without prejudice as the investigation continues into whether Rose’s actions merit misdemeanor charges.

An attorney for Rose had no comment on the case.

Officer fired after Rose’s arrest

After a review of the incident, the Circleville Police Department fired Ryan Speakman, the police officer seen on video releasing the police K-9 on Rose.

Speakman’s actions “did not meet the standards and expectations we hold for our police officers,” Chief Shawn Baer said in a statement last month.

The Ohio Patrolmen’s Benevolent Association said Speakman was fired without cause and filed a grievance with the department.

Video of the incident shows Rose eventually stopped the semi-truck and got out of the vehicle surrounded by several police cars and officers.

“Come to me,” an officer is heard saying to the Rose. Another says, “Get on the ground or you’re going to get bit.”

Rose is shown on the road with his hands up.

“Do not release the dog with his hands up,” a state trooper warns several times from a distance, though it is unclear if the trooper could be heard by other officers.

The case report says Speakman “exited his patrol car and began giving commands to the suspect” before he deployed the K-9.

The dog runs toward officers, then turns to Rose and attacks him, pulling him to the ground, the video shows. Rose is seen and heard screaming and crying out for the officers to pull the dog off him, the video shows.

“When the dog was biting me, I just was terrified,” Rose told CNN last month. “I thought I was going to lose my life. I was in pain. I really couldn’t see what the other officers was doing because the dog was biting me and I was just in fear of my life. And I just was screaming in pain, and I just didn’t want to die.”

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CNN’s Zoe Sottile contributed to this report.