I am proud that we were able to strengthen staffing levels and benefits for our officers while providing state-of-the-art equipment, to include sport utility vehicles for patrol and body-worn cameras to better serve our community. That avoided the minimum 10 to 30 or more years in prison he would have faced had there been a trial and a conviction. excessive force lawsuit that resulted in a $290,000 settlement by the city in January 2021. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. For an optimal experience visit our site on another browser. The footage came from a camera inside the Loveland Police Department and includes subtitles that havent been verified by NBC News. "A little bloody. Are you finished? / CBS Colorado. She remained in that cell for two and a half hours, the lawsuit states, until she was taken to a hospital. Garner, who lives with dementia, allegedly tried to steal less than $15 worth of goods from Walmart. 10:25 PM EDT, Wed April 28, 2021, Video shows police officers laugh at arrest footage of elderly woman. 2023 Cable News Network. But as the three of them continue watching, it appears Jalali becomes uncomfortable with the video. 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. If your child will play baseball or softball this spring, youll need to stock up on appropriate clothing and equipment. 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. Garner's daughter, Allisa Swartz, spoke about the arrest with 9Wants to Know reporter Matt Jablow. The city said Ashe violated three department policies and procedures:. Blackett was not involved in Garner's arrest but assisted with booking her at the jail. 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. All rights reserved. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. When confronted by Walmart staff she returned the items and walked out of the store. She is no longer the happy woman collecting flowers that can be seen in the first seconds of Hopps body camera footage and is now fearful of everyone even her family. Previously, the Loveland Police Department had said one officer was placed on leave and two others were reassigned to administrative duties. Loveland Officers Austin Hopp and Daria Jalali and Community Services Officer Tyler Blackett stepped down over the June 2020 arrest of Karen Garner, Police Chief Robert Ticer said during a. Another investigation will look at the departments policies and procedures as a whole and recommend changes. We are disappointed.. Loveland police are undergoing trainings for Alzheimer's awareness and deescalation. For that I am most grateful and proud of. Fogle also moved successfully for the council to add a public comment period to study sessions for the next 120 days, with Olson casting the only no vote and councilor Don Overcash absent. This material may not be published, broadcast, rewritten, or redistributed. Elise Schmelzer is the public safety reporter at The Denver Post and covers policing, crime and criminal justice. I dont know that this response is enough for our community, Samson said of Adams original statement. / CBS/AP. Those actions, according to the suit, were determined to be a violation of department policy. 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. Ashe filed a lawsuit in 8th Judicial District Court against the city of Loveland in December, alleging that he should not have been fired and asking for his job back. 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. "That is not the Loveland Police Department," he said. For the 6 hours that Ms. Garner was kept in custody by Loveland and the jail, despite many jokes made about her being disabled and mentally unfit, no one attempted to locate Ms. Garners caregiver, console or help her, de-escalate her, or alert her loved ones to her terrible situation, an amended lawsuit filed Sunday said. Carrying a wildflower in her hand, she failed to comply to multiple orders to stop. According to the lawsuit, Garner spent two hours inside an LPD jail cell and an additional three hours inside a cell at the Larimer County Jail. Garner has now filed a federal lawsuit against theLoveland Police Department (LPD). Phil Metzler and the 2020 arrest of Karen Garner, though Ashe was not involved in that investigation or case in any way. This footage has been edited by the law firm representing Garner. During the press conference, Ticer didn't specify whether the officers resigned or were fired. Schielke said Garner was walking home when she was stopped by Hopp on suspicion of stealing $13.88 worth of items from a Walmart. but it can also be stressful. An initial lawsuit was filed on April 14, but the new amended suit filed Sunday names the city of Loveland and five officers as defendants. There is no estimated time for when Metzler will return from administrative leave, Ticer said. The department has been under scrutiny since the forceful arrest of 73-year-old Karen Garner in 2020. Prosecutors charged Jalali with three misdemeanors: failing to report excessive use of force, failure to intervene in an excessive use of force and official misconduct. Both were arrested and charged with crimes related to Garner's arrest. 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. According to LPD, Another sergeant, Antolina Hill, was reassigned. The city of Loveland has. Applications are accepted whenever there is an active job announcement posted. The case was later dismissed. (Jenny Sparks/Loveland Reporter-Herald), Austin Hopp and Daria Jalali (credit: Larimer County). Police were. 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. April 30, 2021 / 2:58 PM LOVELAND, Colo. (KDVR) The chief of the Loveland Police Department is leaving in the midst of controversy within the citys force. Ticer said Wednesday that he did not become aware of the arrest until the day Schielke filed the lawsuit. Ashe was not involved in the civil lawsuit filed by the Garner family. Investigators also allege that Hopp knew about the shoulder injury given that he described the pop sound as he dislocated Garners shoulder while showing the others video of the arrest. The results of the independent assessment were released publicly and presented to the city council in January. Austin Hopp, 26, pleaded not guilty to all three charges in connection with the arrest of now 74-year-old Karen Garner who has dementia in June 2020. Garner was wrestled to the ground within 30 seconds of a police officer exiting his patrol car. LOVELAND, Ohio . He also spoke to a man who stopped his car near the scene and complained about the amount of force being used on Garner. As the officers watched the bodycam footage that showed Hopp holding Garner against a patrol car, Hopp said, "Ready for the pop?" McLaughlin said that the charges of attempting to influence a public servant against Hopp were related to substantial omissions and inaccuracies in his reports about the incident. The news comes a day after Garner's attorney released a video that she said shows the officers knew of her injuries and neglected to provide her with medical attention. 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. Civil rights attorney Sarah Schielke,. Ashe was not involved in Garners arrest nor was he named in that lawsuit. The Associated Press contributed to this report. The 8th Judicial District Attorneys Office of Colorado said last week it has requested a review of the incident. CNN Sans & 2016 Cable News Network. Three police officers involved in the rough arrest of a 73-year-old Colorado woman with dementia have resigned, officials said Friday. Your effort and contribution in providing this feedback is much Blackett responds by saying, the bodycam show, as someone giggles. Applicants are strongly encouraged to review the LPD Hiring Disqualifier Policy and other requirements prior to submitting an application. 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. Loveland Police Chief Robert Ticer said at a news conference Friday that Hopp, Blackett and Jalali "are no longer employed" with the department but declined to specify whether they resigned. 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. he asks. The lawsuit says that Garner "was bleeding from the nose, forehead, and wrist, all over herself.". Karen Garner suffered from a broken arm, sprained wrist and separated shoulder during her June 2020 arrest by Hopp. In Larimer County Court in early March, Hopp pleaded guilty to an assault charge that was punishable by 2 to 8 years in prison. Loveland Officers Austin Hopp and Daria Jalali and Community Services Officer Tyler Blackett were all on administrative leave before Chief Robert Ticer announced their departures from the police department during a press conference. 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. "It's one that LPD asked for and the DA is taking it on Fort Collins Police, both working on this [investigation] and we hope that this investigation goes as expeditiously as possible and that we learn of the outcome very soon.". 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,. We're not going to hold you. The family on Mothers Day visited Garner at the memory care facility where she now lives, said Shannon Steward, Garners daughter-in-law. Metzler was placed on leave on April 27 and makes $2,362 a week, Loveland salary records show. The city settled on a $3 million payment stemming from the suit filed on behalf of Garner. DENVER - Two former Loveland police officers face charges in relation to their arrest of 73-year-old Karen Garner last year. We have elected each of you to serve us. Her lawyer, Sarah Schielke, said the officers dislocated Garner's shoulder, broke a bone in her arm and sprained her wrist. Fanning works in part with police departments, 911 call operators and officers who have been subjected to trauma. May 5, 2022 / 4:00 PM Ticer said there will be an internal affairs investigation handled by the city's human resources director. 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. Loveland Officers Austin Hopp and Daria Jalali and Community Services Officer Tyler Blackett were all on administrative leave before Chief Robert Ticer announced their departures from the. A screen capture from body-worn camera video of Karen Garner's 2020 arrest and a portrait of Loveland Police Chief Bob Ticer. After serving on the LPD for nearly six years, Bob. 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 . The pop refers to something in the video, but its not clear what that is. Soon after the lawsuit was filed, Ticer showed contrition. The suit claims that the city should not have fired Ashe and asks for a jury trial. The body camera footage can be heard but not seen on the police station video. Did you encounter any technical issues? However, he was named in a separate excessive force lawsuit filed in connection with the 2019 arrest of resident Preston Sowl. Garner's attorney released a video that she said shows the officers knew of her injuries and neglected to provide her with medical attention. The cops then took Garner into custody, where she was allegedly held for hours before her injuries were tended to. While peace officers are permitted to use reasonable force to effect an arrest, the investigation in this case showed that Austin Hopp used excessive force in the arrest of Ms. Garner that resulted in serious bodily injury to Ms. Garner, District Attorney Gordon McLaughlin said at a news conference Wednesday. Metzler and three other Loveland officers involved in Garners arrest are no longer with the department. LOVELAND, Colo. (KDVR) -- Body camera footage released by Loveland Police showed officers saving an unconscious woman from a car fire after a January crash. Garner has dementia and sensory aphasia, which impairs her ability to verbally communicate with people or understand others' communications. Councilor Rob Molloy, who had previously tried to schedule a closed-door performance review of Adams and City Attorney Moses Garcia, slammed the citys management of the crisis. Previously, he worked for the Holyoke Enterprise in Holyoke, Colorado. Lovelands City Council grappled Tuesday with new footage released in the Karen Garner lawsuit and heard concerns from citizens on the citys handling of the issue. 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. Garners daughter, Allisa Swartz appeared at a press conference and spoke about the cruelty the cops showed when the recording of them mocking her mom who was in agonizing pain. "I've been in law enforcement 32 years, and what I saw in there hurt me personally. "It is clear that the only thing that has 'hurt him personally' has been the attention this case has brought to his department. The officers' initial report said Garner, who has dementia, was not injured. Notifications can be turned off anytime in the browser settings. Loveland police Chief Robert Ticer said at a news conference Wednesday that he fully supported the charges against Hopp and Jalali. Hopp is facing felony charges for his . I could watch livestream bodycams all day, Jalali says. Two co-responders help Loveland police officers on calls related to mental health. Former officer Daria Jalali also faces misdemeanor charges regardingher role in the arrest. Former officer Paul Ashe was fired Oct. 1 after being accused of violating Loveland Police Departments policy on accessing records, according to the lawsuit. 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. "What you saw in the video, not the Loveland Police Department," Ticer said Friday in reaction to the surveillance video. The arrest sparked a criminal investigation led by District Attorney Gordon McLaughlin and the Fort Collins Police Services. The chief said the video of officers laughing about it does not represent the department. Department spokesman Tom Hacker later confirmed they had resigned. 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. Karen Garner, who has dementia, was arrested last June for walking out of a Walmart in Loveland, Colorado, with $13.88 worth of items, according to an amended lawsuit filed Sunday. As a viral video of Colorado police fracturing 73-year-old Karen Garner's bone circulates the internet, the officers involved will soon experience a pay raise approved by the city of Loveland. Jalali, Hopp and Community Service Officer Tyler Blackett resigned from the department April 30, two weeks after Garners family filed a federal civil rights lawsuit over the arrest. Minyvonne Burke. Get browser notifications for breaking news, live events, and exclusive reporting. Whether movers in Fort Collins are helping you Pamela Johnson is an award-winning journalist with two decades invested in the community of Loveland. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. He did not immediately provide the name of the lawyers hired by the city. The city attorney will review all use-of-force cases in the future, he said. An amended complaint says that Hill came into the booking area and saw that Garner was injured but did not get her medical care. Jalali, who recently arrived, said, "Stand up! The bodycam footage shows Hopp chase down Garner, who is 5ft tall and weighs just 80 pounds, and tackle her to the ground as she shouts: "I'm going home.". 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. The lawsuit claims Ashe was fired because he was not an employee of the Police Department who has been trained in the use of the records management system and therefore was not authorized to query this information.. LOVELAND, Colo. (CBS4) - Nearly two years after allegedly breaking the arm of an elderly woman living with dementia during a controversial arrest, former Loveland Police Officer Austin Hopp. Loveland, Colorado, police officers watch body camera footage of Karen Garner's arrest. LPD publicly claimed earlier this month that they were unaware of the incident until the lawsuit was filed, nearly a year after the incident happened. Get the Android Weather app from Google Play, Biden expected to tighten rules on US investment, Scout Motors picks South Carolina for new $2B EV. LOVELAND, CO - APRIL 30, 2021: Loveland Police Chief Bob Ticer speaks Friday, April 30, 2021, about three officers involved the the Karen Garner arrest that are no longer with the department. Ticer said the decision was personal and released a statement on Tuesday: I am very proud of the successes that we had during my tenure as chief of police for our community and our department over the last six years. You can see in the video how theyre laughing at my mom, Swartz said, according to the AP. That is the law in Colorado. LOVELAND, Colo. On Tuesday, the Loveland city manager announced four officers are now on administrative leave following the forcible arrest of Karen Garner. Judge Joseph Dean Findley has a review of the lawsuit scheduled for 7 a.m. Feb. 25. He questioned why council members were not told about the second video prior to it being released by Garners attorney. Jalali previously worked for the Lafayette Police Department and volunteered with the Weld County Sheriffs Office mounted posse. ", More:Fort Collins man sues Loveland police officer, alleges wrongful DUI arrest. ", A concerned passerby is then heard off-camera pulling over and calling out to the cops: "Do you have to use that much aggression? A Loveland law office has filed a federal civil rights lawsuit against the Loveland Police Department and the officers involved in Garner's arrest after it allegedly caused a fractured. We don't play this game. TWO Colorado cops whose recorded violent arrest last year of a dementia-stricken elderly woman are now facing criminal charges. RELATED: Loveland Police to require training by Alzheimer's Association after excessive force allegation, SUGGESTED VIDEOS:Investigations from 9Wants to Know. Beyond more criminal charges, Garners family wants to know exactly who knew about the brutality of the arrest prior to the federal lawsuit being filed and why those people did not act. We hope you will find useful information in the links on the left. Metzler arrived after Garner was in the vehicle. The police have known about this for 10 months and the videos speak for themselves. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Your Loveland Police Department remains one of my top priorities.. ", Hopp dismisses the driver saying, "Get out of here, this is not your business. In the video, Hopp gives Jalali a fist bump when asked how the arrest went. Those officers no longer work for the department and their sergeant resigned but Ticer remained in place until now. We wish him the best in his new role, Loveland City Manager Steve Adams said. I know the lawsuits going on, and thats something we can hide behind but the information needs to be put out there.. She hasnt smiled since then, Steward said. Alert Desk Curator. "We failed, and we are very sorry for that.". 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. Who is Quintin Jones and why is he on death row? Max Levy has covered city government for the Loveland Reporter-Herald, joining the staff in 2019. A third officer involved in the forceful arrest of an elderly northern Colorado woman last year has resigned, the Loveland Police Department announced on Wednesday. A former Loveland police officer says he was wrongfully fired in October and is asking a jury to overturn the decision and award him back pay, according to a lawsuit filed in December. Schielke said her client did not stop when Hopp asked because she did not understand him. Garners family felt relief that Hopp and Jalali are being prosecuted, but still want to see harsher charges for the two former officers as well as charges filed against other officers involved in the arrest, attorney Sarah Schielke said at a news conference. Viewed separately, the body camera footage shows Hopp holding the handcuffed Garner facing away from him against the car. 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. Garner initially filed a federal civil rights lawsuit on April 14 against the city of Loveland and three police officers, including Hopp and Jalali, for alleged excessive use of force. This philosophy allowed our agency, working together with the community, to significantly decrease crimes and traffic crashes in Loveland, which was a top priority. Our hearts could not possibly ache any more, the statement read. Players given Kratom by Colorado coach, police say, Skier Shiffrin's quest for 86th win extended after downhill, 77 inches of snow fall at Colorado ski area in 9 days, Lawyer claims new video shows Loveland police knew of injuries caused to 73-year-old woman during arrest, Larimer DA announces independent investigation after forcible arrest of 73-year-old woman, Loveland Police to require training by Alzheimer's Association after excessive force allegation. experienced, we hope that this sentence can bring some measure of justice to her and her family.". Karen Garner suffered a dislocated shoulder, fractured arm and sprained wrist after officers with the Loveland Police Department slammed her to the ground and hog-tied her June 26, 2020,. ", First published on April 30, 2021 / 2:58 PM. 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. A statement from Walmart indicates that police were called only after Garner became "physical" with an associate. Failing to intervene in an excessive use of force by police became a crime in Colorado one week before Garners arrest when Gov. These opportunities and partnerships provided a mechanism to put more police officers into our schools to protect our children and staff. Thank you for your interest in the Loveland Police Department. IE 11 is not supported. 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. 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. "Our goal at the Loveland Police Department has always been to make our community proud," Ticer told reporters Friday. He graduated from the University of Colorado Boulder in 2018. Hopp tells the sergeant the blood is Garner's. Garner never returned to normal after the arrest and has become largely non-communicative, her family says. Garner's family felt the video in the case proved Hopp was guilty on all counts beyond a reasonable doubt. When she tried to turn around and said, as she did repeatedly, that she was trying to go home, he pushed her back against the car and moved her bent left arm up near her head, holding it, saying, "Are you finished?