Attorneys to sue after Alpharetta police used K-9 on handcuffed man

Attorneys representing an Alpharetta man who was arrested outside his home this weekend released a video of the incident Thursday and announced plans to file a lawsuit.

Kami Moya shot the video on her cell phone as Alpharetta police officers took her husband, Travis Moya, into custody Sunday. The video shows Moya speaking to officers with his hands cuffed behind his back. Officers take the 36-year-old to the ground and then a K-9 handler can be heard ordering the dog to "Get him."

"It is disturbing. It is shocking and it has the same visceral effect that the videos that the people saw on TV in the '60s during the civil rights marches when they had dogs set loose on them will have once again," said attorney L. Chris Stewart.

Attorneys said Moya was in the middle of a mental health crisis and a neighbor called 911 to ask for an ambulance to pick him up. Instead, it was police officers who responded.

Officers charged Moya with "willful obstruction of law enforcement officers by use of threats or violence," which is a felony.

"We are demanding today that the Fulton County District Attorney dismiss the charges against Mr. Moya," said attorney Gerald Griggs.

A spokesperson for the Fulton County District Attorney's Office released this statement:

"The District Attorney is aware of the situation from a conversation with Mr. Stewart and Mr. Griggs. The office will collect the evidence in the case. After it is evaluated, a decision about whether charges will be sought against anyone involved will be made."

Alpharetta police said they are also reviewing the interaction.  

"This incident, like any other use of force, is going through a use of force review protocol and being reviewed," the Alpharetta Police Department said in a statement to FOX 5. 

"If they believe that letting a dog loose on a subdued, non-violent individual is justified, then we'll have a problem with it," said Stewart. "But if they're saying they're doing their normal review process and they plan on coming out next week saying it was an unjustified use of force, the officers are fired, terminated, the DA has opened an investigation and the city is planning on settling the civil lawsuit, then we'll be happy with that result."

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