Oct. 31 — Two Alaska state troopers were indicted this week on first-degree assault charges after initially being charged with lesser-degree assault following the violent arrest of the unsuspecting man in May on the Kenai Peninsula.

The case is a rare example of Alaska police officers facing criminal charges for actions taken while on duty. The incident was captured on body cameras worn by several officers involved in the arrest.

Trooper Jason Woodruff and Sgt. Joseph Miller seriously injured 38-year-old Ben Tikka when they arrested him on May 24 in Kenai. Police mistook him for his cousin, who was wanted on a misdemeanor warrant, according to information filed with the initial charges by state prosecutors. Woodruff and Miller are accused of ordering a police dog to attack Tikka, shocking him with a Taser, punching and kicking him.

Tikka was hospitalized for his injuries and is still in pain from the encounter, a lawyer representing him said.

Woodruff and Miller were originally charged in August with fourth-degree assault for the arrest. On Wednesday, a Kenai grand jury indicted them on first-degree assault charges. The charge carries up to 20 years in prison. The penalty for the misdemeanor would have been up to one year in prison at most.

Assault in the first degree is defined by Alaska statute as occurring when someone causes “serious physical injury to another person.” Deputy Attorney General John Skidmore initially said Tikka’s injuries were not serious enough to classify the murder as a felony. In response to emailed questions Thursday, Skidmore said “the indictment represents a reevaluation of the case, and the grand jury has determined that the higher charge is warranted.”

(Previous coverage: Kenai Peninsula troopers criminally charged for arresting wrong man make first court appearance)

Darryl Thompson, representing Tikka, said he believed the troopers were “understaffed” and should have faced criminal charges from the start. He previously said he believed they received special treatment because they were law enforcement officers.

The brief filed in the case describes troopers confronting Tikka in an SUV parked in a Kenai park. They were trying to arrest his cousin on a $150 warrant and it wasn’t until after the arrest that they learned they had the wrong man, the document says.

The officers called for backup and eventually ordered Tikka out of the SUV as he asked what he was being arrested for, the charges state. Miller broke the window of the SUV and applied pepper spray inside the vehicle, according to the charges. Tikka got out of the vehicle and Miller kicked him, punched him, shocked him twice with a Taser and stomped on his head, the charges said. Woodruff then let his police dog bite Tikka for more than a minute as he tried to comply with commands and begged the dog to stop, the document said.

Tikka, who spent two days in the hospital, underwent two surgeries on her arm and shoulder and needed more than 300 stitches in her torso and arm due to dog bites, according to information provided by her parents in an article in op-ed published in Peninsula Clarion. .

While hospitalized, Tikka was charged with resisting or interfering with arrest, disorderly conduct and three counts of fourth-degree assault. These charges were eventually dismissed.

Clint Campion, who represents Woodruff, said Thursday that the new charge would delay any trial and that he was “curious to see what new information the state had that it didn’t have when it originally charged Trooper Woodruff.”

“(Woodruff) thinks he was doing his job,” Campion said. “He was doing his job to protect other officers, Kenai police officers, troopers, who were trying to apprehend someone who was uncooperative.”

Campion previously filed a motion to dismiss the case and argued that there is no legal precedent establishing that police dogs can be considered an unreasonable use of force.

The attorney representing Miller did not immediately return a message Thursday.

Woodruff and Miller appeared in Kenai District Court last month and pleaded not guilty to the misdemeanor charge. They were given a summons to appear in court and were never arrested. They were released on their own recognizance during their initial appearance, meaning they did not have to post cash bail and agreed to appear at future court hearings.

An arrest warrant will not be sought on the charged charge because bail was previously set, said Patty Sullivan, spokeswoman for the Law Department. Woodruff and Miller are scheduled to appear in court on the murder charge on Nov. 12.

This is a developing story. Check back for updates.