Ashe also claims Chief Bob Ticer fired him without issuing a final written warning and without consulting with the citys human resources department both of which he is required to do according to the city's administrative policy, according to the lawsuit. 10:25 PM EDT, Wed April 28, 2021, Video shows police officers laugh at arrest footage of elderly woman. Show Transcript. A prosecutor in the Eighth Judicial District Attorneys Office reviewed the body camera footage of the arrest months prior to the lawsuit as part of the criminal case filed against Garner, McLaughlin said Wednesday in response to a reporters question. An innocent, elderly, disabled and severely injured resident of the United States of America was left handcuffed to a bench in a holding cell while the arresting officers laughed, joked and gloated about the arrest while watching their own body camera footage, Ritter said, and questioned how the incident was handled internally. Soon after the lawsuit was filed, Ticer showed contrition. FORT COLLINS, Colo. (KDVR) Multiple charges have been filed against two Loveland police officers for their involvement in the arrest of a 73-year-old woman with dementia. 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The officers' initial report said Garner, who has dementia, was not injured. Bruno did not know if the officers have retained separate legal counsel. Her lawyer, Sarah Schielke, said the officers dislocated Garner's shoulder, broke a bone in her arm and sprained her wrist. Prosecutors with the Eighth Judicial District Attorneys Office on Wednesday filed charges against Austin Hopp and Daria Jalali, the officers who violently arrested Karen Garner in June after receiving a report that she tried to walk out of a Walmart with $13 of merchandise. We don't play this game. ", First published on April 30, 2021 / 2:58 PM. And last month, the city of Loveland reached a $290,000 settlement in a lawsuit filed against the police department for allegedly wrongfully arresting a man in September 2019. CNN Three more Colorado police officers have been placed on administrative leave in connection with the violent arrest of a 73-year-old woman with dementia, according to the Loveland. For that I am most grateful and proud of. According to LPD, the incident took place on June 26, 2020, but police said until this month; they had not received a complaint regarding "serious injuries" to Garner. McLaughlin said in the statement that he will consider the officers' comments about the arrest, along with other evidence, in making his charging decision. 2. Well, I thought it went great, Hopp says, adding, I think we crushed it., Later in the video, as officers begin watching, Jalali, who assisted in the arrest, says body camera footage is like live TV.. FORT COLLINS, CO - MAY 5, 2022: Former Loveland Police Officer Austin Hopp speaks to the judge during his sentencing hearing Thursday, May 5, 2022, at the Larimer County Justice Center in Fort Collins. "Ready for the pop?" experienced, we hope that this sentence can bring some measure of justice to her and her family.". He also said the department will review its paid leave policy in the case of extenuating circumstances., While he acknowledged that the steps were not a final solution, he said the steps he listed are only immediate actions we are taking to restore our public trust in our city.. Minyvonne Burkeis a senior breaking news reporter for NBC News. Two co-responders help Loveland police officers on calls related to mental health. You can see in the video how theyre laughing at my mom, Swartz said, according to the AP. She covers education, county government, environmental issues, outdoor recreation and whatever else she finds along the way. In a statement, Schielke said the new video evidence reveals an LPD sergeant knew Garner was injured and authorized the two other officers to keep her in a cell without medical evaluation or treatment. After serving on the LPD for nearly six years, Bob Ticer is leaving to take the position as chief of the Prescott Valley Police Department in Arizona. 2023 CBS Broadcasting Inc. All Rights Reserved. Metzler was placed on leave on April 27 and makes $2,362 a week, Loveland salary records show. Three police officers involved in the rough arrest of a 73-year-old Colorado woman with dementia have resigned, officials said Friday. LOVELAND, Colo. On Tuesday, the Loveland city manager announced four officers are now on administrative leave following the forcible arrest of Karen Garner. Bodycams are my favorite thing to watch. Your Loveland Police Department remains one of my top priorities.. Jalali then arrives on scene. Hopp was sentenced to five years in prison with three years of mandatory parole for his guilty plea to second-degree assault stemming from his 2020 arrest of Karen Garner. Viewed separately, the body camera footage shows Hopp holding the handcuffed Garner facing away from him against the car. The city said Ashe violated three department policies and procedures:. Councilor Dave Clark said he trusted Adams office to disclose information as soon as possible. The city settled that suit for $290,000, and according to previous reporting by the Reporter-Herald, a separate police department internal investigation found Ashe violated department policy surrounding use of force, limits of authority and search and seizure. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Philip Metzler, was also placed on administrative leave but was not among those who lost their jobs. On Wednesday, Justine Bruno with the Loveland City Managers Office told CNN that Jalali along with officers Tyler Blackett and Philip Metzler were placed on administrative leave. Arrest warrants were issued Wednesday for Hopp and Jalali, and McLaughlin said he believed the two former officers planned to turn themselves in. Police were called and the arrest left Garner with multiple injuries, including a broken humerus, a dislocated shoulder and a sprained wrist, according to the lawsuit. Example video title will go here for this video. If your child will play baseball or softball this spring, youll need to stock up on appropriate clothing and equipment. ", A concerned passerby is then heard off-camera pulling over and calling out to the cops: "Do you have to use that much aggression? Your effort and contribution in providing this feedback is much The criminal case against the pair comes after Hopp and Jalali, as well as community service officer Tyler Blackett, resigned from the Loveland Police Department in Colorado when a federal lawsuit was filed last month. June 17, 2022 The father of a teenage girl filed a lawsuit on Wednesday against three police officers in Loveland, Colo., who arrested her in 2020, saying the men used excessive force when. Im very, very disappointed. Other agencies including the US Attorneys Office for the District of Colorado and the FBI will assist in the investigation, according to a statement from McLaughlins office. Use caution in this area. ", More:Fort Collins man sues Loveland police officer, alleges wrongful DUI arrest. I want to extend my deep appreciation to Chief Ticer for his nearly six years of leadership, stewardship, and vision for Loveland. The city of Loveland declined to comment for this article because of the pending litigation. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Hopp, Jalali and Blackett all failed to mention a shoulder injury in their original reports, even though investigators determined that Hopp heard about the potential injury on a phone before he submitted his use-of-force statement, the affidavit states. Neither Hopp, Jalali or Blackett made any attempt to provide Garner medical care after learning of the pop as described by Hopp to them and after Garner repeated approximately 22 times in their respective presence that her shoulder hurt, the affidavit states. It asks that the jury to reverse his termination, pay him back pay and benefits and award any further damages as is decided proper by this court. It also asks for the city to pay court costs and his attorney fees. Garner's daughter, Allisa Swartz, spoke about the arrest with 9Wants to Know reporter Matt Jablow. "Seeing horrible things that people do to each other every day really plays a part in that disconnect, and when that disconnect really happens, [that video is] what it looks like," Fanning told 9NEWS. House votes to create January 6 Commission to investigate Capitol riot - but Senate GOP set to scupper 'biased' probe, Loveland Police Chief Robert Ticer repeated twice during a press conference on Wednesday, resigned from the Loveland Police Department in Colorado when a federal lawsuit was filed last month. Get browser notifications for breaking news, live events, and exclusive reporting. The city has not said when the completed internal investigation into Garners arrest will be released to the public. Those actions, according to the suit, were determined to be a violation of department policy. I will consider those statements along with all relevant evidence compiled by the (Critical Incident Response Team) in making a charging decision.. Jalali can be seen in the bodycam video pinning helping Hopp to pin Garner to the police car Credit: The Life & Liberty Law Office. Mark Hansel. On Friday, Loveland's police chief, Robert L. Ticer, said that two police officers who had arrested Ms. Garner Austin Hopp and Daria Jalali as well as a community service officer,. An audible pop is heard on the camera, something Hopp acknowledged hearing in footage later released by Loveland police. the violent arrest of a 73-year-old woman. Adams declined to respond to Molloys criticisms. One of the officers, Austin Hoppis facing felony assault and other charges, which a possible plea deal is being negotiated and the family is rejecting. We are disappointed.. Plus, his attorneys allege the records technician testified that she, not Ashe, ran the search and that the policy surrounding what involves running a query of records is ambiguous. We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. During an open public comment period, callers who spoke on the issue were unilaterally critical of the police department. After serving on the LPD for nearly six years, Bob. She hasnt smiled since then, Steward said. The criminal case against the pair comes after Hopp and Jalali, as well as community service officer Tyler Blackett, resigned from the Loveland Police Department in Colorado when a federal lawsuit was filed last month. The video shows him commenting on how muddy the officers are. Jared Polis signed a sweeping police reform bill into law. Hopp arrested Karen Garner in June 2020 after she allegedly left a store without paying for about $14 worth of items. Photo courtesy of Sarah Shielke and the Life and Liberty Law Office. 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The Oscars will air on ABC and can be streamed on ABC.com and the ABC app as well as Hulu + Live TV, YouTube TV, AT&T TV or FuboTV. Former Loveland police officer Austin Hopp enters the courtroom for his preliminary hearing Thursday, August 19, 2021, at the Larimer County Justice Center. The excessive force lawsuit detailed how the aggressive conduct seen on the bodycam video from the June 26, 2020 arrest caused Garner to suffer a fractured upper arm and dislocated shoulder along with other injuries. RELATED: Lawyer claims new video shows Loveland police knew of injuries caused to 73-year-old woman during arrest. The charges for former officers Austin Hopp, 26, and Daria Jalali, 27, come after the 8th Judicial District Critical Incident Response Team (CIRT) completed its review of the violent arrest of Garner, who has dementia. Phil Metzler, knew about the forceful arrest because he responded to the scene. Ashe is requesting a jury overturn Ticer's decision to fire him and award him back pay and compensation for lost benefits since his termination. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. > Video below was provided by Garner's lawyer, who edited in the verbatim and the commentary at the bottom of the screen. Phil Metzler is the next Loveland cop to arrive on the scene, approving the arrest and reportedly ordering that Garner be denied access to medical care for her injuries afterward., He then asked Hopp and Jalali: "Are you guys all good? However, he was named in a separate excessive force lawsuit filed in connection with the 2019 arrest of resident Preston Sowl. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. Since learning of the lawsuit and allegations in it earlier this month, LPD said they'd begun an investigation that will include "an examination of all images, documents and records" compiled in connection with the incident. I know the lawsuits going on, and thats something we can hide behind but the information needs to be put out there.. Hopp is seen in that video saying the arrest went "great" and commenting about the moment he dislocated Garner's shoulder. Loveland Police Department is an equal opportunity employer. The results of the independent assessment were released publicly and presented to the city council in January. The Loveland Emergency Communications Center (LECC) is a 24-hour, 365 day/year operation, serving as the Public Safety Answering Point (PSAP) answering all 911 calls over 260 square miles of southern Larimer County, as well as non-emergent calls to Loveland Police Department. While city officials did not immediately respond to questions about the lawsuit, Human Resources Director Julia Holland confirmed in October that Ashe was on unpaid administrative leave as a result of an independent investigation into the departments policies and practices tied to the arrest of Karen Garner in 2020. The lawsuit alleges he was fired on Oct. 1, and that his termination was upheld in November. The city launched an independent internal investigation into Garners arrest and an independent assessment of the departments policies, culture and procedures. The assault and attempt to influence a public servant are felony charges and the official misconduct charge is a misdemeanor. Tom Hacker, a spokesperson for LPD, said Blackett was at the booking location where Garner was transported after her arrest and also engaged in the transfer of Garner to the Larimer County Jail. In Larimer County Court in early March, Hopp pleaded guilty to an assault charge that was punishable by 2 to 8 years in prison. Ticer decided on Oct. 1 to fire Ashe for those actions without issuing a final written warning and without consulting with the Loveland Human Resources Department, according to the suit filed by Ashe. Another sergeant, Antolina Hill, was reassigned. In his use-of-force report filed after the arrest, Hopp said Garner was asked several times if she wanted medical attention and she either would not answer or start(ed) talking about something else, Hopps arrest affidavit states. April 30, 2021 / 2:58 PM A lawsuit has been filed against a Colorado police department over claims their officers used excessive force during the arrest of a 73-year-old woman. Former Loveland Police Officer Paul Ashe has asked a jury to reverse Police Chief Bob Ticers decision in October to fire him, and to award him back pay and compensation for lost benefits. Garner was 73 when she was arrested and was reportedly injured as a result of that arrest. A former Loveland police officer pleaded not guilty Thursday to charges alleging he assaulted a woman during an arrest in summer 2020, then downplayed his use of force in the arrest report. The altercation was captured on police body camera video and shared by Garner's attorney, Sarah Schielke. Loveland, Colorado, police officers watch body camera footage of Karen Garner's arrest. Jalali previously worked for the Lafayette Police Department and volunteered with the Weld County Sheriffs Office mounted posse. ", Hopp dismisses the driver saying, "Get out of here, this is not your business. It's unclear why Metzler and Hill were not among those no longer with the department. LOVELAND, Colo. ( KDVR) The chief of the Loveland Police Department is leaving in the midst of controversy within the city's force. Blackett responds by saying, the bodycam show, as someone giggles. The statement you made was very, I dont know, eloquent, but it did not bring out anything thats going to help our citizens understand whats going on, he added. This is not an excessive force case its torture in broad daylight, by multiple officers, including supervisors, Schielke said. On the day of the encounter, Hopp pursued a visibly disoriented Karen Garner while she was walking on a highway shoulder afterfleeing a Walmart where she had failed to pay for $13.38 worth of items. Additionally, he said the department is mandating training around mental health conditions, specifically Alzheimers and dementia, and including the City Attorneys Office and Human Resources staffers on the review of use-of-force reports entered into the BlueTeam software suite. Ticer said Wednesday that he did not become aware of the arrest until the day Schielke filed the lawsuit. Discovery Company. CNN has contacted the Fraternal Order of Police numerous times and has not heard back. "I fully support these charges, Loveland Police Chief Robert Ticer repeated twice during a press conference on Wednesday. LOVELAND, Colo. (KDVR) -- Body camera footage released by Loveland Police showed officers saving an unconscious woman from a car fire after a January crash. Officers Austin Hopp, Tyler Blackett and Daria Jalali were placed on administrative leave over the incident, along with Sgt. "We failed, and we are very sorry for that.". Metzler and three other Loveland officers involved in Garners arrest are no longer with the department, Fort Collins man sues Loveland police officer, alleges wrongful DUI arrest, currently faces multiple felony charges alleging he assaulted Garner, Loveland police buy new body cameras, Tasers to enhance de-escalation, transparency efforts. Its time for action., Body cam video shows arrest of Colorado woman with dementia. "What you saw on the video was not the Loveland Police Department. We have elected each of you to serve us. Karen Garner suffered a dislocated shoulder, fractured arm and sprained wrist after she was slammed to the ground and hogtied during a June 26 arrest, according to a federal lawsuit. He also said there was no internal affairs investigation immediately after the arrest. (Jenny Sparks/Loveland Reporter-Herald), Austin Hopp and Daria Jalali (credit: Larimer County). Three Loveland, Colorado, police officers are no longer employed with the department after their involvement in the arrest and booking of a 73-year-old woman with dementia. An. ", The woman is then seen being pushed against the cop car as she once again screams, "I'm going home.". Samson received the support of Mayor Jacki Marsh and councilors Ball and Molloy for the council to discuss creating a citizen board to oversee law enforcement activities. Ticer did not confirm whether the three were fired or resigned. Ticer said it "hurt" to see the video of Garner's arrest. as Hopp yanks her arm behind her back and orders her to stay "on the ground". Not what happened to our mother. The officer in the frame is Jalali who tells Garner to "Quit it" as she pulls her arm behind her back. Previously, he worked for the Holyoke Enterprise in Holyoke, Colorado. The chief said the video of officers laughing about it does not represent the department. May 5, 2022 / 4:00 PM The former officer appealed his termination to the City Managers Office, and Assistant City Manager Rod Wensing, in a Nov. 12 written order, upheld Ticers decision. Councilor Richard Ball also warned against inviting a lawsuit by terminating any of the officers in haste. Surveillance video from a police station released Monday by Garner's lawyer shows Hopp, Jalali and Blackett watching Hopp's body camera footage as Garner is handcuffed to a bench in a holding cell a few feet away. But after reviewing footage from the jail cell, investigators found Garner repeated more than 20 times that her shoulder hurt, according to the arrest affidavit. 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