Ashe was not involved in Garners arrest or the civil lawsuit filed against the department and several officers, including Metzler. Garner, who lives with dementia, allegedly tried to steal less than $15 worth of goods from Walmart. Loveland police are undergoing trainings for Alzheimer's awareness and deescalation. 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. 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.. Just over a month later, on Dec. 16, Ashe filed suit in district court. Body camera footage from Hopp showed him approaching Garner as she walked home. 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. 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. LOVELAND, Ohio . Schielke said Garner was walking home when she was stopped by Hopp on suspicion of stealing $13.88 worth of items from a Walmart. suggesting he was aware that he had injured her. The citys human resources department and an outside group will conduct an internal investigation into the incident and decide whether more officers should be disciplined. 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. Jared Polis signed a sweeping police reform bill into law. (Warning: The content in this video is graphic and may be disturbing to some viewers.). Example video title will go here for this video. 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. He did not immediately provide the name of the lawyers hired by the city. For an optimal experience visit our site on another browser. The news comes a day after. Failing to intervene in an excessive use of force by police became a crime in Colorado one week before Garners arrest when Gov. Former Loveland Police officers Austin Hopp and Daria Jalali are facing multiple criminal counts for their actions. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Bodycams are my favorite thing to watch. As the officers watched the bodycam footage that showed Hopp holding Garner against a patrol car, Hopp said, "Ready for the pop?" Once fiercely independent, happy, carefree and a great lover of the outdoors, she is now fearful, distrusting, reclusive., Schielke said in a press release that theres been enough investigating. 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. The lawsuit, which was filed on Dec. 16, claims that Ticer decided to fire Ashe on Oct. 1 for allegedly violating a department policy on records access. The majority of police officers at the Loveland Police Department have now gone through. "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.". "Hear the pop?". 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. He graduated from the University of Colorado Boulder in 2018. This material may not be published, broadcast, rewritten, or redistributed. ", About 30 seconds later, Garner began to slump toward the ground. Your California Privacy Rights / Privacy Policy. One resident, Shane Ritter, was ceded time by others to read a letter that had been signed by more than 160 people sincerely, and with outrage.. The other officer involved in the arrest, Daria Jalali, was originally reassigned. 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 . It was discussed at every level of the process, including the actions Chief Ticer took once he was made aware of the situation.. The police have known about this for 10 months and the videos speak for themselves. Earlier this week, Schielke released a second video that shows three Loveland officers laughing about Garner's arrest. The city of Loveland declined to comment for this article because of the pending litigation. She then confirmed the blood belongs to Garner. Get browser notifications for breaking news, live events, and exclusive reporting. It hurt to see that," he added. Jalali, who recently arrived, said, "Stand up! 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.. I found the video very difficult to watch.. Photo courtesy of Sarah Shielke and the Life and Liberty Law Office. "A little bloody. Metzler was Hopp and Jalalis supervising officer at the time of Garners arrest. 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. 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. That is the law in Colorado. "It's a really important thing for everyone to know that this is now a criminal investigation," said Hacker. 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. 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. 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. Footage from the video was shot in the Loveland Police Departments booking area shortly after Garners arrest. 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. Philip Metzler, was also placed on administrative leave but was not among those who lost their jobs. His reported romantic interest and fellow former officer Jalali who assisted Hopp to cuff 73-year-old Karen Garner - was charged with failing to report use of force, failing to intervene and official misconduct, the Associated Press reported. McLaughlin said in the statement that he will consider the officers' comments about the arrest, along with other evidence, in making his charging decision. 2023 CBS Broadcasting Inc. All Rights Reserved. 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. Department spokesman Tom Hacker later confirmed they had resigned. 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. The suit claims that Ashe was fired on that day for asking a records technician to do a search of reports involving Sgt. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. Minyvonne Burke. 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. Hopp responds by roughly taking Garner to the ground, handcuffing her and then forcing Garner to her feet. Hopp tells the sergeant the blood is Garner's. Elise Schmelzer is the public safety reporter at The Denver Post and covers policing, crime and criminal justice. Former Loveland Police Officer Paul Ashe sues, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Former Loveland Police Officer Paul Ashe sues for wrongful termination, Loveland Museum showcases mid-century masters of the New York School, Loveland, Berthoud law enforcement calls: Arrests for impaired driving, Man charged with shooting at Larimer County deputies sentenced to 18 years in prison, Ferguson High School student business wins top DECA award, Brought to you by Prairie Mountain Publishing. 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. ", First published on April 30, 2021 / 2:58 PM. Austin Hopp Daria. city settled a civil lawsuit with Garners family for $3 million. / CBS Colorado. 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. 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. Our hearts could not possibly ache any more, the statement read. 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. ", "He said that our mothers case has 'hurt him personally,'" the family statement said. Not what happened to our mother. 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. That's how it works," Jalali says. Metzler and three other Loveland officers involved in Garners arrest are no longer with the department. "I fully support these charges, Loveland Police Chief Robert Ticer repeated twice during a press conference on Wednesday. Its time for action., Body cam video shows arrest of Colorado woman with dementia. appreciated. Did you encounter any technical issues? Another sergeant, Antolina Hill, was reassigned. ", The woman is then seen being pushed against the cop car as she once again screams, "I'm going home.". She shrugs her shoulders and keeps walking. Bruno did not know if the officers have retained separate legal counsel. Former officer Paul Ashe was fired Oct. 1 after being accused of violating Loveland Police Departments policy on accessing records, according to the lawsuit. "What you saw in the video, not the Loveland Police Department," Ticer said Friday in reaction to the surveillance video. The outside group or groups that will help the city in those investigations have not yet been finalized, Ticer said. ", "It hurt to see that," Ticer said Friday in reaction to the bodycam video. Carrying a wildflower in her hand, she failed to comply to multiple orders to stop. Some of the officers named in the lawsuit have also retained the Fraternal Order of Police for additional legal representation, she said. 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 was sentenced to five years in prison as part of a plea agreement to lessen his jail sentence. But as the three of them continue watching, it appears Jalali becomes uncomfortable with the video. Two former officers, Austin Hopp and Daria Jalali, are facing criminal charges for their part in her arrest, and the city settled a civil lawsuit with Garners family for $3 million. It is a crime to help other people commit crimes, she said. Phillip Metzlers calls related to the arrest of Karen Garner in June 2020. / CBS/AP. The incident. Garner was wrestled to the ground within 30 seconds of a police officer exiting his patrol car. Loveland Police Department is located at 810 E 10th Street, Loveland, CO 80537 map Lobby hours: Monday through Friday 8am-5pm The LPD lobby is a safe place for online sales transactions and custody exchanges. The arresting officer, Austin Hopp, was placed on administrative leave. Adams declined to answer a series of questions from councilor Andrea Samson, who mentioned that some community members are asking for the officer to be fired. He said that the same administrative policies that all officers are required to follow require Ticer to issue a final written warning and said the department head, in this case the chief, shall consult with human resources on any such decision. That is when Hopp is seen grabbing Garner by the arm and forcefully taking her to the ground. Councilor Richard Ball also warned against inviting a lawsuit by terminating any of the officers in haste. Alert Desk Curator. 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. 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. 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 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. Blackett was not involved in Garner's arrest but assisted with booking her at the jail. Fanning works in part with police departments, 911 call operators and officers who have been subjected to trauma. 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. Jalali then arrives on scene. Hopp was hit with assault, attempting to influence a public servant and official misconduct. I look forward to working with the dedicated and professional men and women of the Prescott Valley Police Department and working hard to ensure we have strong relations with the community as we work to reduce crime and improve traffic safety there. Viewed separately, the body camera footage shows Hopp holding the handcuffed Garner facing away from him against the car. but it can also be stressful. Garner is then seen collapsing to the ground as Jalali tells her: "Stand up, we're going to hold you. According to a YouTube transcription of the video, Hopp then asks, Are you ready for the pop? as Jalali covers her ears. TWO Colorado cops whose recorded violent arrest last year of a dementia-stricken elderly woman are now facing criminal charges. Your effort and contribution in providing this feedback is much A violent snapping sound can be heard when Hopp assists and pushes Garners arm as she shrieks in pain. 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 or were terminated. Applicants are strongly encouraged to review the LPD Hiring Disqualifier Policy and other requirements prior to submitting an application. The Associated Press contributed to this report. I know the lawsuits going on, and thats something we can hide behind but the information needs to be put out there.. The chief said the video of officers laughing about it does not represent the department. Ticer said Wednesday that he did not become aware of the arrest until the day Schielke filed the lawsuit. "They were not fired. 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. Applications are accepted whenever there is an active job announcement posted. he asks. Garner then can be heard saying, "Don't do that!" We are disappointed.. Loveland, Colo., Police Department body-camera video from June 26, 2020, shows the violent arrest of Karen Garner, a 73-year-old with dementia. > Below: Body camera footage shows the arrest of the 73-year-old. The incident occurred in 2020 but a lawsuit wasnt filed until last year. Schielke said her client did not stop when Hopp asked because she did not understand him. Karen Garner suffered from a broken arm, sprained wrist and separated shoulder during her June 2020 arrest by Hopp. Garners attorney, Sarah Schielke said viewing of the video and the conversations around it all took place as Garner was 10 feet away in a cell. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Cold case: Who murdered this man on Lookout Mountain? She said it was "unacceptable" that Metzler and Hill remain with the department. All rights reserved. The statements on the videos are very concerning, said District Attorney Gordon McLaughlin. "We failed, and we are very sorry for that.". After keeping her pinned down, Hopp appears to announce for purposes of documenting the bodycam evidence: "After a short struggle, she is now detained. 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. The Moving can be an exciting experience. This is not an excessive force case its torture in broad daylight, by multiple officers, including supervisors, Schielke said. as Hopp yanks her arm behind her back and orders her to stay "on the ground". 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. FORT COLLINS, Colo. - Three police officers involved in the arrest and detention of 73-year-old Karen Garner, who has dementia, last summer have resigned, Loveland police officials. He questioned why council members were not told about the second video prior to it being released by Garners attorney. 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. 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. Schielke said the arresting officers told the Larimer County Jail staff that Garner was uninjured despite obvious signs that she had painful injuries. Hopp is seen in that video saying the arrest went "great" and commenting about the moment he dislocated Garner's shoulder. Crews are responding to a report of a structure fire on Park Avenue in Loveland. Arrest warrants were issued Wednesday for Hopp and Jalali, and McLaughlin said he believed the two former officers planned to turn themselves in. They resigned," Garner's attorney, Schielke said in a statement later Friday. 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. IE 11 is not supported. Were going to get informed as quickly as we can, and so is the community, he said. Civil rights attorney Sarah Schielke,. An amended complaint says that Hill came into the booking area and saw that Garner was injured but did not get her medical care. 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. Thats when another video clip showed the uniformed duo snickering and fist-bumping as they watched Hopps bodycam video of the bust. The officer in the frame is Jalali who tells Garner to "Quit it" as she pulls her arm behind her back. During most of the meeting, the police department shared details about its co-responder program, which began in 2016. Further, the investigation showed that Daria Jalali, having witnessed that excessive force, failed to live up to her duties under the law and as a sworn peace officer to either intervene or report that conduct.. While Lovelands Police Department said Monday that it would not comment on new footage released by Garners attorney, City Manager Steve Adams opened the meeting by sharing his own concerns about the video that shows arresting officer Austin Hopp and others in the police department laughing and joking about the arrest of the 73-year-old with dementia. "The longer trauma is not addressed, the more it gets almost cemented into who the person is and what their reactions are," Fanning said. If your child will play baseball or softball this spring, youll need to stock up on appropriate clothing and equipment. 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. 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. 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. Psychologist Kathi Fanning, who is the director of training for the Center for Trauma and Resilience, said that kind of reaction from the officers could be a sign of desensitization. CNN has contacted the Fraternal Order of Police numerous times and has not heard back. I do not see the need for a town hall to ask questions that the city cant answer at that time.. CNN Sans & 2016 Cable News Network. City of Loveland via YouTube/ lovgov.org On September 7, the City. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Two former Loveland police officers will face criminal charges for violently arresting a 73-year-old woman with dementia and lying about or failing to report the womans injuries, which included a broken arm and a dislocated shoulder. As for the Loveland community, we will build upon recent progress in strengthening trust in our police department. Phil Metzler and Daria Jalali. 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. 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. Ashe was fired after he allegedly asked a records division technician to search for records pertaining to Sgt. 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. Hopp, 26, and Jalali, 27, were reportedly in a romantic relationship. Schielke told 9Wants to Know that the new video shows a Blue Team report (which alerts LPD and creates an official record that force was used or an injury occurred) was made by the officers through their chain of command. 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. A statement from Walmart indicates that police were called only after Garner became "physical" with an associate. ", Sgt. 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.