TAMPA (FOX 13) - Prosecutors in the case of a man who allegedly threw flaming liquid at an officer and his K9 partner are asking if defendant Joey Kennedy is faking a mental disability.
Kennedy has been ordered to undergo a mental evaluation to see if he is fit to stand trial.
In January, with guns drawn, Tampa police officers responded to a reported burglary in progress.
Investigators say when they confronted Kennedy, he threw a flaming liquid at Officer Tim Bergman and his K9 partner, Indo.
"The suspect was holding a can of paint primer that was already on fire and, after lighting me on fire, he stuck it in K9 Indo's face and was able to singe his face," said Bergman.
Officer Bergman fired his weapon, hitting Kennedy.
K9 Indo suffered burns but quickly recovered and was ready to go back to work.
"He's been with me for over five years and he's my best friend. We go to work together and he shows unconditional love for me, no matter if I yell at him or whatever, he's there for me," said Bergman.
Indo has since retired.
As for Kennedy, he's facing burglary and assault charges, but his competency is now being challenged.
If he is found competent, he will go to trial. If he's not, he'll be sent off to a state hospital for treatment.
Doctors are expected to have their reports completed by November.