VIRGINIA BEACH, Va. (WVEC) -- A 13-year-old boy is recovering from injuries to his legs after a K-9 officer attacked him Sunday night.

Virginia Beach police said they were on Foxhound Lane where a homeowner said someone had broken into a house. The homeowner confronted the person who ran.

Officers said they found someone matching the description the homeowner gave them a street over on Claiborne Place.

Police said he ran, despite an order by the police K-9 team to stop. Police released a K-9 officer.

A neighbor on Claiborne Place told 13News Now he yelled to officers, telling them they had the wrong person. That person was, in fact, a 13-year-old who happened to walk out of a house with his 9-year-old brother while police were investigating. The officer held them at gunpoint for a few minutes according to the neighbor, Stephen Keck.

"They were on their knees with their hands up just shaking, like not knowing what to do," said Keck. "And I yelled, 'what's going on' and the police officer said 'it's a home invasion' and I said 'no, that's not them, he was just at my house playing games let them go.'"

The K-9 caught the boy, biting him, leaving punctures and gashes on his legs.

The boy has not been back to school since the attack. While his brother was not hurt physically, the incident left him distraught.

The boys' parents told 13News Now they did not wish to talk at this time, but they contacted an attorney, and are looking into legal recourse.

Keck said he doesn't believe the teen was running from the police.

"He only got 12 steps off of my porch to the volleyball net so he wasn't moving fast, he was just walking home, he was just walking from my house over to his house," said Keck. "I didn't hear anyone say, 'stop, freeze, this is the police.'"

Keck was also surprised the K9 officer left the scene so quickly.

"As my wife left to go get the parents all he said was, 'we called EMS' and he left," said Keck. "By the time the dad came over and grabbed the son out of my arms there was no dog there, no police officer, no nothing, they were just gone."

As part of a news release, the Virginia Beach Police Department stated:

It must be noted that every VBPD use of force, to include K-9 deployments, requires an internal report. Each use of force is thoroughly investigated by the officers' chain of command, as well as our Internal Affairs Division. The investigation examines the reasoning force was used, whether the type of force used was the most appropriate, as well as adherence to training and policies which reflect legal standards for use of force. This incident is currently under internal review, therefore no additional details can be provided at this time.

The release said police still have not identified the actual person responsible for the break-in on Foxhound Lane.

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