‘They feel victimized twice:’ Couple attacked by off-duty Hendersonville K-9 files lawsuit

By Anjali Patel

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    HENDERSONVILLE, North Carolina (WLOS) — A lawsuit has been filed against the city of Hendersonville regarding an incident involving an off-duty K-9 in 2020.

In the lawsuit, plaintiffs Kevin and Mary O’Neill allege that Sergeant Robert Cantwell, who is also named in the complaint, allowed his police-issued K-9s, as well as his personal dogs, to roam at-large. The lawsuit claimed Cantwell “had a history of disregarding and defying” leash laws and policies and procedures relating to K-9 dogs. The suit also states that on at least two occasions prior to the attack at the center of this lawsuit, Cantwell allowed his dogs “to leave his property, roam at large, and attack neighbors’ pets.”

According to the complaint, Cantwell lived next door to the O’Neills in Hendersonville.

On Sunday, Aug. 2, 2020, the lawsuit claims that Cantwell had let his K-9, a Belgian Malinois named Sunny, out of his kennel and did not place him on a leash or in a harness. That afternoon, the complaint claims the dog came onto the O’Neill’s property. The couple was getting ready to leave their home to attend a birthday party for plaintiff Kevin O’Neill, hosted by their eldest daughter.

When Mary O’Neill reached her car, which was parked in their driveway, the lawsuit claims the K-9 approached her and started lunging aggressively.

Kevin O’Neill heard his wife’s cries for help and used his keys to unlock their car door so she could get inside. That’s when the lawsuit claims Sunny turned toward Kevin O’Neill and “began attacking him relentlessly.” The lawsuit says the attack went on for 10 minutes, as the dog shredding the man’s shirt, ripped his shorts off his body, and tugged at his underwear. According to the complaint, the dog repeatedly scratched, bit, latched onto, tore into, and gouged various parts of Kevin O’Neill’s body, including his eyes, face, chin, throat, arms, hands, chest, abdomen, groin, scrotum, and legs.

Meanwhile, the lawsuit claims Sgt. Cantwell had realized his dog was missing and began searching for him. As he drove past the O’Neill’s driveway, he heard their cries for help and approached them. The suit claims Cantwell put a leash on Sunny, walked the dog out of the O’Neill’s home, and put him in his police cruiser. The suit claims Cantwell never once apologized to the plaintiffs or rendered any aid to Kevin O’Neill.

O’Neill was taken to AdventHealth Hendersonville, where he spent about 4.5 hours receiving care. He continued to receive both physical and psychological care in the days following.

According to the lawsuit, Sunny was relieved of his duties with the Hendersonville Police Department following the attack, but the City of Hendersonville took no disciplinary action against Cantwell and it refused to euthanize the K-9.

“The reason the lawsuit got filed was the city said at the outset they were going to accept responsibility and then they took no responsibility whatsoever. They did absolutely nothing over the last couple of years to accept responsibility for this case so the O’Neills were forced to file,” said John McCabe, an attorney representing the O’Neills in this lawsuit.

John McCabe, an attorney representing the O’Neills, said their intention never was to file a lawsuit, but they felt like the city did not follow up on its initial promises, like reevaluating its K9 program. They also said that HPD’s statement was false in its claim that Cantwell rendered first aid to Kevin O’Neill. McCabe said the city’s lack of response to the incident left the couple with no choice but to take legal action.

“They feel victimized twice. Victimized first in that the actual attack took place and somebody didn’t do something they were trained and supposed to do. But then the second victimization is when the chief of police comes out publicly and says ‘we accept full responsibility’ and then they do nothing whatsoever to accept responsibility for it,” McCabe.

While Kevin O’Neill’s wounds have healed in the two years since, McCabe said he is still emotionally scarred. The lawsuit claims the couple has been diagnosed with Post Traumatic Stress Disorder.

“They contend with this every day of their lives. If they’re out walking, they see a larger dog, it’s something they have to deal with,” McCabe said.

McCabe said they are demanding a jury trial and seeking damages.

The city of Hendersonville provided the following statement on the lawsuit:

On October 25, 2022, a lawsuit was filed against the City of Hendersonville regarding an incident which occurred on August 2, 2020, involving former Hendersonville Police Department K9 Sunny. Because a lawsuit has been filed, the City is unable to comment further at this time.”

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