Former St. Paul police officer sentenced for kicking man being attacked by K-9

A former St. Paul police officer was sentenced Friday to six years in federal prison for repeatedly kicking an innocent man who was being mauled by a police dog.

Prosecutors and defense attorneys had issued a nonbinding joint-sentencing agreement stating that Brett Palkowitsch should receive no less than four years and no more than five in prison, but U.S. District Judge Wilhelmina Wright sentenced him to a longer term.

Palkowitsch will be supervised for three years after serving the full prison term, according to court documents.

In 2019, a federal jury found Palkowitsch guilty of one count of deprivation of rights for using excessive force against Frank Baker in 2016.

St. Paul police were looking for an armed suspect when they came across Baker, who was not the suspect and who was not armed. Police sent a K-9 after him; the dog mauled and seriously injured Baker as Palkowitsch kicked Baker.

Palkowitsch's attorney, Kevin Short, argued at trial that his client kicked Baker because the scene was dangerous and he thought Baker was armed with a gun. Prosecutors said Palkowitsch was a "bully" who failed to follow his training.

Baker suffered collapsed lungs and seven broken ribs. He also underwent several skin grafts due to dog-bite wounds.

Court documents show that Palkowitsch is recommended for incarceration at the federal prison in Duluth, or at another facility in or near Minnesota.

St. Paul previously settled a lawsuit brought by Baker for $2 million.

Chao Xiong • 612-673-4391