Court finds man guilty of assaulting police dog

Felony charges against the Campbell man were bound over to a grand jury.

STAFF REPORT

YOUNGSTOWN — Bennie Lewis Jr. has been found guilty of kicking the police dog that found him hiding inside a store cooler.

Lewis, 50, of Palmer Avenue, Campbell was in municipal court Tuesday for preliminary and pretrial hearings. Judge Robert A. Douglas Jr. bound over felony charges of breaking and entering and possession of criminal tools to a Mahoning County grand jury.

Misdemeanor charges of resisting arrest and criminal damaging were dismissed, the court said.

Lewis pleaded no contest to the remaining misdemeanor charge of assault on a police dog May 4. He remains in jail, unable to post $13,000 bond.

On the assault charge, Judge Douglas sentenced Lewis to nine days in jail, the nine days already served, the court said. Lewis, declared indigent, was not fined.

First officers on the scene discovered the break-in at the Oak Street Market, 1804 Oak St., around 2:15 a.m. May 4. A 911 caller had reported seeing a man with a sledgehammer crawl through a hole he made in a wall.

More officers were sent to the store, including Patrolman Josh Kelly and his dog Helo. Kelly shouted through the hole in the wall that Helo would be sent in if the person inside didn’t make himself known.

After the warning was given three times, Helo was sent in and ordered to bark while Kelly again told whomever was inside to give up.

Helo then searched the building and sat down by a small meat cooler and barked, indicating he’d found someone.

When the suspect, later identified as Lewis, refused to come out, Kelly opened the cooler door and Helo stuck his head inside, only to have it kicked by Lewis, reports show.

“Helo apprehended the suspect by biting and holding the suspect’s right lower leg,” Kelly wrote in his report.

Lewis continued to kick the dog and refused to get out of the cooler, police said.

Helo then dragged the suspect halfway out of the cooler by clamping onto Lewis’ right leg. When the pants ripped, Helo lost his grip and got kicked in the head again, police said.

Helo next bit Lewis’ right thigh until told to release it. After being handcuffed, Lewis was treated for superficial bite wounds at St. Elizabeth Health Center before being taken to the Mahoning County Jail.

Helo came through the encounter just fine, Kelly said.

Mahoning County court records show Lewis, who had pleaded guilty to possession of cocaine, was supposed to report to the jail April 1 to serve 157 days. A warrant was issued by a common pleas judge when he failed to show.

Lewis’ extensive criminal history in common pleas court dates back to 1992.

The multiple convictions include drug offenses, breaking and entering, receiving stolen property and possession of criminal tools.