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CCSO investigation finds Tombstone Marshal deputy's actions 'justified' in K-9 attack

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TOMBSTONE, Ariz. (KGUN) — On Nov. 19, 2024, John Coby, a deputy with the Tombstone Marshal's Office, was attacked by his K-9 partner, Hawk— less than 24 hours after the pair were certified.

Coby shot Hawk, to get him to stop attacking. An investigation by the Cochise County Sheriff's Office (CCSO) found Coby's actions were "justified."

Coby was hospitalized because of his injuries, which included wounds to his arm and leg.

KGUN obtained a copy of the investigation report from CCSO. The report was completed in January, but not a lot of details were released about the incident. One of the missing details was the conclusion of the Tombstone K-9 program.

According to the report, "Hawk was still clamped on to Deputy Coby's ankle and it's jaw had to be pried open to release its grip." The report indicated Coby called a coworker to come help him because he "was about to pass out."

Coby shot Hawk in the head to get the dog off of him. Throughout the report, Coby tells the investigators that he tried to get the dog off by distracting him with a toy, spraying him with air freshener—that was in the bathroom when the attack happened- and then used his gun as a last resort.

According to the report, Coby was given Hawk by the company, KnightWatch K9. Constance Baker is the owner of the company, who is also a deputy with the Marshal's Office.

TMO received multiple K-9s from the company, who also trained the narcotic dogs. Baker was one of two trainers from KnightWatch K9 to train K-9 officers for departments across the state.

Throughout the 61-page report, Baker says Hawk never showed any signs of aggression. His docile personality was one of the reasons she paired him with Coby.

Unknown to her, Hawk had a history of biting. His original owner, with the United States Border Patrol, had him in a training program. He was released from the program because he bit his handler, causing serious injury.

According to the report, “Constance also reasoned she felt comfortable accepting Hawk because if he was kicked out of the Border Patrol program for an attack, Hawk would have been euthanized.”

In the report, investigators state border patrol gave Hawk to a vendor, who claims to have signed a NDA, who then gave the dog to Baker and her company.

Baker, who got Hawk from the vendor and wasn't aware of Hawk's past. Cochise County Sheriff Detective Jesalen Luna asked the vendor if she shared Hawk's history with Baker and KnightWatch K9 and they said "no, probably not".

According to the report, Baker had confrontations with Coby about how he was handling Hawk, especially when he was at home. In the report, Baker explained to investigators how working dogs are not to be treated like pets.

The investigator wrote: "They come out of the kennel to work. Malinois needs time to adjust when they go home. They are not on the same level as your personal dog. She spoke to Coby about letting the dog lick him in the face."

Hawk was Coby's third K-9 partner. The first dog was re-assigned to another TMO deputy after Coby was deployed. Then Baker told investigators she gave Coby a dog named Caine. She took him away, after it bit Coby during a training session.

According to the report, investigators learned "Deputy Coby was heavy-handed with Caine before being bitten...Baker advised that she removed Caine from his possession as he believed deputy Coby was afraid of Caine."

The report continued on saying, "Coby was described as afraid of K-9s and often would over correct a K-9's actions."

After the Nov. 19 incident, a City of Tombstone employee wrote a letter stating she'd seen Coby "jerking the K-9 around," when asked to clarify they told investigators "John aggressively yanked at the neck of the K-9, causing it to be lifted off the ground."

The bites Coby suffered on Nov. 19, 2024, to his arm and leg weren't the first time he was bit. According to the report, "Constance stated while at the Tombstone City Yard, John had a white cloth applied to his arm.

Baker said John told her when Hawk went to grab his toy, he snagged John's arm instead. Constance told John to tell Sergeant Garcia. She recalled John declined because he did not want Hawk to be taken away."

Former Marshal Jim Adams, told investigators Coby told him he wanted to be a K-9 handler, and after some time he decided to give him the opportunity. Coby received his handler certification twice, both while with the Marshal's office.

KnightWatch K9 typically runs an 80 hour training course for K-9 handlers and drug detection dogs. In the report, Baker told investigators "the course is supposed to be 80 hours long, but Marshal Jim Adams requested it be reduced to 40"— citing staffing concerns. Baker gave Hawk to Coby on Nov. 9, 2024.

They were certified on Nov. 18, 2024. Another K-9 handler was in the certification class with Coby and Hawk, they told investigators "they appeared to have a good bond." Investigators learned that for other handlers, 40 hours isn't enough time for training and for the K-9 and their handler to bond.

Investigators learned Baker was tasked with creating the department's policy, something she had done and given to leadership. She told investigators that she was unaware if it was finalized.

Investigators asked Baker if she or KnightWatch K9 had any record about the dog's training and past. She didn't have documentation about either of those things, for any of the dogs.

The investigation reports indicated the case has been sent to the Cochise County Attorney's Office.

On February 26, Coby's attorney sent a notice of claim to the City of Tombstone, the Tombstone Marshal's Office, Adams, Baker, and others from the department.

A notice of claim is a letter indicating an individual's intention to sue the stated parties.

Coby's lawyer Kim Eckert, sent KGUN the notice of claim and the following statement: "We are looking forward to pursuing justice for our client. ... I have no other comments at this time."

According to the notice, "this claim can be settled for $1,500,000."

The letter indicated a better system should have been in place for getting dogs and when vetting KnightWatch K9.

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Alexis Ramanjulu is a reporter in Cochise County for KGUN 9. She began her journalism career reporting for the Herald/Review in Sierra Vista, which she also calls home. Share your story ideas with Alexis by emailing alexis.ramanjulu@kgun9.com or by connecting on Facebook.