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. When confronted by Walmart staff she returned the items and walked out of the store. Phillip Metzlers calls related to the arrest of Karen Garner in June 2020. I get word from an email, I get word from the newspaper, I get word not from the city that works for the elected officials, he said. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. I feel like they think that they are above the law, and they are the ones who are supposed to be protecting all of us. All rights reserved. The city launched an independent internal investigation into Garners arrest and an independent assessment of the departments policies, culture and procedures. 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 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.". McLaughlin says there is no set timeframe to complete the investigation, but it is a priority for his office. Though Samson pushed at one point for the council to change the topic of an upcoming town hall to an open discussion of the Garner issue, her request did not get the needed votes. 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. Im very, very disappointed. 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. / CBS Colorado. The city settled on a $3 million payment stemming from the suit filed on behalf of Garner. Karen Garner suffered from a broken arm, sprained wrist and separated shoulder during her June 2020 arrest by Hopp. 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. Crews are responding to a report of a structure fire on Park Avenue in Loveland. Bruno did not know if the officers have retained separate legal counsel. (Jenny Sparks/Loveland Reporter-Herald), Austin Hopp and Daria Jalali (credit: Larimer County). Who is Quintin Jones and why is he on death row? 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. Arresting Officer, Two Others Resign After Lawsuit Says They Celebrated Violent Arrest of 73-Year-Old Woman with Dementia Alberto Luperon Apr 30th, 2021, 3:38 pm Three police officers resigned after they and the city of Loveland, Colorado were sued over the rough arrest of 73-year-old Karen Garner, who a lawsuit says has cortical dementia. Carrying a wildflower in her hand, she failed to comply to multiple orders to stop. Were going to get informed as quickly as we can, and so is the community, he said. Garner was 73 when she was forcibly arrested by former officer Austin Hopp, who currently faces multiple felony charges alleging he assaulted Garner during the arrest. 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. Jalali previously worked for the Lafayette Police Department and volunteered with the Weld County Sheriffs Office mounted posse. Use caution in this area. Detectives with the Fort Collins Police Department led the investigation and reviewed videos, phone calls and hundreds of pages of reports, and interviewed more than 20 people, Fort Collins police Chief Jeff Swoboda said. Hopp is seen in that video saying the arrest went "great" and commenting about the moment he dislocated Garner's shoulder. 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. That is when Hopp is seen grabbing Garner by the arm and forcefully taking her to the ground. The Moving can be an exciting experience. The four officers being placed on leave follows the release of video showing officers identified as Hopp, Jalali and Blackett laughing as they begin to watch the body camera footage of Garners arrest. A little muddy. Elise Schmelzer is the public safety reporter at The Denver Post and covers policing, crime and criminal justice. Cant take statins? CNN has contacted the Fraternal Order of Police numerous times and has not heard back. 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. 2023 www.cincinnati.com. 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. A screen capture from body-worn camera video of Karen Garner's 2020 arrest and a portrait of Loveland Police Chief Bob Ticer. Hopp arrested Karen Garner in June 2020 after she allegedly left a store without paying for about $14 worth of items. I found the video very difficult to watch.. "The longer trauma is not addressed, the more it gets almost cemented into who the person is and what their reactions are," Fanning said. Ticer said Wednesday that he did not become aware of the arrest until the day Schielke filed the lawsuit. Garner was wrestled to the ground within 30 seconds of a police officer exiting his patrol car. "I fully support these charges, Loveland Police Chief Robert Ticer repeated twice during a press conference on Wednesday. "We failed, and we are very sorry for that.". A Warner Bros. city settled a civil lawsuit with Garners family for $3 million. The 8th Judicial District Attorneys Office of Colorado said last week it has requested a review of the incident. 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. Hopp worked for the Nacogdoches Police Department in Texas and at the Monroe County Sheriffs Office in Florida, according to records obtained by The Denver Post through a records request. The LPD officers on administrative leave include: Schielke alleges the video shows the three arresting officers watching body camera video of Garner's arrest, laughing and celebrating the excessive force, and fist-bumping the fact that one of the officers intimidated a citizen who stopped to make a complaint. The charges were filed on Wednesday against former Loveland Police Department officers Austin Hopp and Daria Jalali, who arrested and booked Karen Garner as she was walking home from a. 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. That avoided the minimum 10 to 30 or more years in prison he would have faced had there been a trial and a conviction. 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. He and councilor Steve Olson also said they were hesitant to pass judgment on the officers involved, even as they expressed concern about what was shown in the footage. 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. 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. Ashe was not involved in the civil lawsuit filed by the Garner family. The incident occurred in 2020 but a lawsuit wasnt filed until last year. RELATED: Lawyer claims new video shows Loveland police knew of injuries caused to 73-year-old woman during arrest. The footage came from a camera inside the Loveland Police Department and includes subtitles that havent been verified by NBC News. Minyvonne Burke. Garner filed a federal lawsuit this month saying Hopp dislocated her shoulder when she was arrested and that she did not receive medical care for about six hours after being taken to the county jail. Garner, who lives with dementia, allegedly tried to steal less than $15 worth of goods from Walmart. 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. During most of the meeting, the police department shared details about its co-responder program, which began in 2016. Earlier this week, Schielke released a second video that shows three Loveland officers laughing about Garner's arrest. 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. CNN Sans & 2016 Cable News Network. In October, city spokesperson Tom Hacker told the Coloradoan that Ashe had been placed on unpaid leave as a result of the Garner internal affairs investigation.. The video shows him commenting on how muddy the officers are. Three police officers involved in the rough arrest of a 73-year-old Colorado woman with dementia have resigned, officials said Friday. Councilor Richard Ball also warned against inviting a lawsuit by terminating any of the officers in haste. While this will not change the terrible treatment Ms. Garner Philip Metzler. 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. Bodycams are my favorite thing to watch. Hopp is facing felony charges for his . I want to extend my deep appreciation to Chief Ticer for his nearly six years of leadership, stewardship, and vision for Loveland. I could watch livestream bodycams all day, Jalali says. 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. Ticer said it "hurt" to see the video of Garner's arrest. 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,. Just over a month later, on Dec. 16, Ashe filed suit in district court. Jared Polis signed a sweeping police reform bill into law. The statements on the videos are very concerning, said District Attorney Gordon McLaughlin. experienced, we hope that this sentence can bring some measure of justice to her and her family.". Discovery Company. As fellow now-former officer Daria Jalali responded to the scene, Hopp allegedly separated Garner's shoulder by forcing her arm behind her back and up near her shoulder blades. 2022 CBS Broadcasting Inc. All Rights Reserved. ", Sgt. Hopp tells the sergeant the blood is Garner's. Failing to intervene in an excessive use of force by police became a crime in Colorado one week before Garners arrest when Gov. That prosecutor remains with the office, but McLaughlin, who was sworn in as DA in January, said he made it clear that employees should report future excessive force cases. The city attorney will review all use-of-force cases in the future, he said. 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. 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. The body camera video shows Hopp ask Garner to stop. After a brief investigation, Hopp resigned from the Loveland Police Department, as did Jalali. An audible pop is heard on the camera, something Hopp acknowledged hearing in footage later released by Loveland police. The other officer involved in the arrest, Daria Jalali, was originally reassigned. he asks. 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. She said she doesn't understand why the officers did what they did and said the incident has made her mother's dementia worse. I will consider those statements along with all relevant evidence compiled by the (Critical Incident Response Team) in making a charging decision.. McLaughlin said in the statement that he will consider the officers' comments about the arrest, along with other evidence, in making his charging decision. 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. Metzler was Hopp and Jalalis supervising officer at the time of Garners arrest. > Video below was provided by Garner's lawyer, who edited in the verbatim and the commentary at the bottom of the screen. The video shows both officers struggling with Garner. The lawsuit says Garner had attempted to leave a Walmart with less than $14 worth of items she forgot to purchase. Alert Desk Curator. I know the lawsuits going on, and thats something we can hide behind but the information needs to be put out there.. The officer in the frame is Jalali who tells Garner to "Quit it" as she pulls her arm behind her back. May 5, 2022 / 4:00 PM 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. We're not going to hold you. Phil Metzler and Daria Jalali. Your effort and contribution in providing this feedback is much It was discussed at every level of the process, including the actions Chief Ticer took once he was made aware of the situation.. "The Loveland Police Department is comprised of men and women that are out there taking calls for service right now, that are working very hard and honoring the community and servicing with integrity and value and being trustworthy.". They resigned," Garner's attorney, Schielke said in a statement later Friday. 2023 Cable News Network. Schielke said because of the dementia, Garner forgot to pay for the items, which were retrieved by Walmart employees. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Phillip Metzler. We accept and fully understand the district attorneys decision to pursue criminal charges against these individuals and we will continue to cooperate with this investigation.. He graduated from the University of Colorado Boulder in 2018. Garner has dementia and sensory aphasia, which impairs her ability to verbally communicate with people or understand others' communications. 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. Jalali then arrives on scene. She was forced to sit in a holding cell without medical attention for hours, even after Hopp, Jalali and another Loveland employee were heard on security footage acknowledging that she may have injuries. The outside group or groups that will help the city in those investigations have not yet been finalized, Ticer said. "What you saw on the video was not the Loveland Police Department. She hasnt smiled since then, Steward said. Ashe was fired after he allegedly asked a records division technician to search for records pertaining to Sgt. The Larimer County District Attorney's Office later announced there would be an independent investigation of the incident led by Fort Collins Police with help, as needed, from the U.S. Attorney's Office and the FBI. Judge Joseph Dean Findley has a review of the lawsuit scheduled for 7 a.m. Feb. 25. 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? 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. 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. 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. Phil Metzler, knew about the forceful arrest because he responded to the scene. The altercation was captured on police body camera video and shared by Garner's attorney, Sarah Schielke. A fourth officer, Sgt. 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.. Get browser notifications for breaking news, live events, and exclusive reporting. Metzler arrived after Garner was in the vehicle. 2021 CBS Interactive Inc. All Rights Reserved. The officers' initial report said Garner, who has dementia, was not injured. The incident. 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. LOVELAND, Colo. (KDVR) The chief of the Loveland Police Department is leaving in the midst of controversy within the citys force. Your California Privacy Rights / Privacy Policy. Ashe was not involved in Garners arrest or the civil lawsuit filed against the department and several officers, including Metzler. We demand swift action now, he added. However, because Ashe is the one who requested the search be done, the department alleges Ashe made the query in violation of policy, according to the lawsuit. The Loveland Police Department was hit with many negative headlines related to the rough arrest of Karen Garner, a 73-year-old suffering from dementia who's only five feet tall and weighs. Ticer said there will be an internal affairs investigation handled by the city's human resources director. 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You can see in the video how theyre laughing at my mom, Swartz said, according to the AP. 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. 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. "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.". "What you saw in the video, not the Loveland Police Department," Ticer said Friday in reaction to the surveillance video. Phil Metzler and the 2020 arrest of Karen Garner, though Ashe was not involved in that investigation or case in any way. Viewed separately, the body camera footage shows Hopp holding the handcuffed Garner facing away from him against the car. Metzler remains at the department on paid administrative leave and prosecutors did not charge him criminally. She remained in that cell for two and a half hours, the lawsuit states, until she was taken to a hospital. Most of the departments officers have completed Alzheimers awareness training since the lawsuit was filed and the department also will do more de-escalation training, the chief said. 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. Loveland police are undergoing trainings for Alzheimer's awareness and deescalation. 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. Fanning works in part with police departments, 911 call operators and officers who have been subjected to trauma. The police have known about this for 10 months and the videos speak for themselves. 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. As first reported by CBS4, the Larimer County District Attorney's Office elected to move forward with a plea agreement against the will of the Garner Family, something they have the legal right to do. Show Transcript. Those actions, according to the suit, were determined to be a violation of department policy. Schielke said the arresting officers told the Larimer County Jail staff that Garner was uninjured despite obvious signs that she had painful injuries. This is an archived article and the information in the article may be outdated. That is the law in Colorado. 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.. Copyright 2023 CBS Interactive Inc. All rights reserved. Hopp was hit with assault, attempting to influence a public servant and official misconduct. He also said there was no internal affairs investigation immediately after the arrest. He questioned why council members were not told about the second video prior to it being released by Garners attorney. According to a YouTube transcription of the video, Hopp then asks, Are you ready for the pop? as Jalali covers her ears. Metzler and three other Loveland officers involved in Garners arrest are no longer with the department. Are you finished? Schielke said her client did not stop when Hopp asked because she did not understand him. The lawsuit alleges he was fired on Oct. 1, and that his termination was upheld in November. suggesting he was aware that he had injured her. ", First published on April 30, 2021 / 2:58 PM. For an optimal experience visit our site on another browser. We are disappointed.. Some of the officers named in the lawsuit have also retained the Fraternal Order of Police for additional legal representation, she said. 2. 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. 3.9K 231K views 8 months ago A consulting firm that the city of Loveland brought in to assess the Loveland Police Department last year amid several lawsuits filed over officers' use of. > Below: Body camera footage shows the arrest of the 73-year-old. Ticer, he alleges, did neither. 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. The city said Ashe violated three department policies and procedures:. Schielke said Garner was walking home when she was stopped by Hopp on suspicion of stealing $13.88 worth of items from a Walmart. Karen Garner was arrested last June for walking out of a Walmart with $13.88 worth of items, according to a lawsuit filed Sunday. During the press conference, Ticer didn't specify whether the officers resigned or were fired. Two co-responders help Loveland police officers on calls related to mental health.
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