ST. PAUL, Minn. (AP) — A St. Paul police officer accused of repeatedly kicking a suspect who was being bitten by a police dog is on trial in federal court.

Prosecutors say Officer Brett Palkowitsch’s use of force against Frank Baker was excessive. Police were called to a fight and a report of a man with a gun when they encountered Baker sitting in his Jeep in June 2016. Baker matched the description of the gunman. Officers ordered him out of the vehicle and the dog drags Baker to the ground as he yells in pain.

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Minnesota Public Radio News says officers ordered Baker to turn over and put his hands out and when he doesn’t comply Palkowitsch kicks him three times, fracturing his ribs and puncturing his lungs.

Baker was not the man police were looking for that night.

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