STOCKTON, CA - A suspect was taken into custody Friday morning after he broke into an outbuilding and refused to leave.

According toStockton police OfficerJoe Silva, units responded to a report of someone burglarizing an outbuilding behind an elderly man's home.

When police arrived to the building off of the 1400 block of North Center Street in Stockton, suspect Mark Smith refused to come out.

Officers brought out a police K-9 with an attempt to grab Smith and take him into custody. Smith responded by choking-out the dog.In response,officersused pepper spray, a Taser and a baton in order to arrest Smith, Silva said.

According to Silva, the K-9 didn't suffer serious injury.

Smith was arrested with charges of burglary and resisting arrest.

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