Mower County sheriff’s deputy Jeff Ellis was found not guilty by a Minneapolis jury Friday in an excessive force trial that involved his national champion K-9, Tazer.

Ellis was accused of unjustly allowing Tazer to attack a man who was lying on the ground during an incident three years ago in Waltham. The 12-member jury in U.S. District Judge John Tunheim’s courtroom unanimously ruled in the deputy’s favor around 2 p.m., possibly convinced by Ellis’ own testimony that he properly used the police dog, his attorney Jason Hiveley said.

Bryan Musolf, the 51-year-old plaintiff, filed a lawsuit in December 2007 against both Ellis and Mower County. He sought more than $75,000 in damages for what he claims were serious injuries.

The county was dropped as a defendant in the case, however, following a federal judge’s decision this past July.

As of August, Mower County had paid all of Musolf’s medical bills, according to a statement written by Musolf’s attorney William French, of Rochester, that month.

However, Musolf still has “suffered a loss of income, continuing pain, and an inability to hold a steady job because of his injuries,” French wrote.

French and lead attorney Duane Kennedy, also of Rochester, said they were disappointed by the verdict but felt the jury was fair.

“They did what they thought was right,” Kennedy said. “Mr. Musolf obviously disagrees with that, but we’re not the jury.”

Neither attorney said that an appeal had been discussed as of Friday afternoon.

Hiveley said he was obviously very pleased by the verdict.

“Based on the testimony, we’re convinced the jury made the right decision,” he said.

The attorney said Ellis’ own testimony, which Hiveley said was his side’s strongest argument, was very convincing because he is so credible and personable.

“He told his story,” Hiveley said.

Mower County Chief Deputy Mark May said the department and Ellis were both vindicated by the good news.

“Hopefully, this will reinforce to the public that there was nothing wrong done here,” May said.

The chief deputy said he expects Ellis — who missed some time from work to go to Minneapolis but was not suspended or put on-leave during the proceedings — to be back at the office next week.

“I’m glad that (the verdict) came back in our favor,” May added.

The incident occurred in a soybean field near Musolf’s Waltham residence on Oct. 3, 2006. Musolf went into the field after his wife said he couldn’t be at the home because of an order for protection against him and called authorities.

According to a civil complaint, Musolf laid down in the field and waited for the officers to arrive. What happened next was the point of contention between the two parties.

French wrote that officers found Musolf on his side, casually smoking a cigarette. Ellis ordered Musolf to get down, but the plaintiff said he already was, the attorney claims. Then, “without warning and unnecessarily,” Ellis deployed Tazer, French said, and the dog ripped flesh from Musolf’s right leg.

Hiveley countered that Ellis asked Musolf to show his hands but he only quickly put one in the air before bringing it down again. It was at this point that Ellis became concerned that Musolf might have a weapon, Hiveley said. Ellis yelled again for Musolf to lie on his stomach with his arms out and, when Musolf didn’t, the deputy deployed the K-9.

Hiveley wrote that Ellis told Musolf that the dog would be called off when he complied. When Musolf finally went onto his stomach, Ellis stopped Tazer, Hiveley said.

Tazer is a five-time national champion at the U.S. Police Canine Association’s National Field Trials. The dog went through leg surgery earlier this year but still competed in the 2009 trials this past fall, finishing third.

Sheriff Terese Amazi said Friday that she couldn’t think of any other similar cases that the K-9 had been involved in.