After serving on the LPD for nearly six years, Bob. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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. The lawsuit says that Garner "was bleeding from the nose, forehead, and wrist, all over herself.". the violent arrest of a 73-year-old woman. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. 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.. It is a crime to help other people commit crimes, she said. 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. Denver Post reporter Sam Tabachnik contributed to this report. 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. Karen Garner was arrested last June for walking out of a Walmart with $13.88 worth of items, according to a lawsuit filed Sunday. The investigation will be led by Fort Collins Police Services. 2021 CBS Interactive Inc. All Rights Reserved. Metzler was Hopp and Jalalis supervising officer at the time of Garners arrest. 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. The city has not said when the completed internal investigation into Garners arrest will be released to the public. 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. > Below: Body camera footage shows the arrest of the 73-year-old. We wish him the best in his new role, Loveland City Manager Steve Adams said. While this will not change the terrible treatment Ms. Garner 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. It hurt to see that," he added. appreciated. 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. ", Jalali appeared to ruefully brush off the dustup: "A little muddy, a little bloody, that's how it works.". The family on Mothers Day visited Garner at the memory care facility where she now lives, said Shannon Steward, Garners daughter-in-law. Sometimes our job is just to listen, Samson replied. Cold case: Who murdered this man on Lookout Mountain? A violent snapping sound can be heard when Hopp assists and pushes Garners arm as she shrieks in pain. Hopp arrested Karen Garner in June 2020 after she allegedly left a store without paying for about $14 worth of items. 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. Metzler remains at the department on paid administrative leave and prosecutors did not charge him criminally. Its unclear who reviewed that report and whether those who reviewed the report looked at the body camera footage. Applications are accepted whenever there is an active job announcement posted. Loveland Police Department Interim Chief Eric Stewart has issued the following statement regarding the sentencing of former police officer Austin Hopp: "The Loveland Police Department is grateful for the District Attorney's diligence and pursuit of due process during this very important case. Garner has dementia and sensory aphasia, which impairs her ability to verbally communicate with people or understand others' communications. I know theres a desire to talk in public there is, at this point, information that we just cant share that way, Adams said. 2. 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. He questioned why council members were not told about the second video prior to it being released by Garners attorney. The Town of Prescott Valley community relations coordinator told FOX31, During every step of the extensive interview and hiring process, Chief Ticer was forthcoming and fully disclosed everything that happened regarding this incident. In Larimer County Court in early March, Hopp pleaded guilty to an assault charge that was punishable by 2 to 8 years in prison. This is an archived article and the information in the article may be outdated. McLaughlin said in the statement that he will consider the officers' comments about the arrest, along with other evidence, in making his charging decision. Sgt. "A little bloody. Adams declined to respond to Molloys criticisms. Your Loveland Police Department remains one of my top priorities.. 2022 CBS Broadcasting Inc. All Rights Reserved. She suffers from dementia and the two officers involved in the initial arrest dislocated her shoulder and were captured on video joking about the incident. 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. excessive force lawsuit that resulted in a $290,000 settlement by the city in January 2021. experienced, we hope that this sentence can bring some measure of justice to her and her family.". Minyvonne Burkeis a senior breaking news reporter for NBC News. We are pursuing every option to swiftly address concerns raised through the lawsuit and the corresponding video footage, said Loveland City Manager Steve Adams. Phillip Metzlers calls related to the arrest of Karen Garner in June 2020. 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. ", First published on April 30, 2021 / 2:58 PM. IE 11 is not supported. 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 was sentenced to five years in prison as part of a plea agreement to lessen his jail sentence. Arrest warrants were issued Wednesday for Hopp and Jalali, and McLaughlin said he believed the two former officers planned to turn themselves in. Elise Schmelzer is the public safety reporter at The Denver Post and covers policing, crime and criminal justice. LOVELAND, Colo. (KDVR) -- Body camera footage released by Loveland Police showed officers saving an unconscious woman from a car fire after a January crash. Cant take statins? Metzler and three other Loveland officers involved in Garners arrest are no longer with the department. Previously, the Loveland Police Department had said one officer was placed on leave and two others were reassigned to administrative duties. 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. 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. The chief said the video of officers laughing about it does not represent the department. 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. 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. The lawsuit alleges he was fired on Oct. 1, and that his termination was upheld in November. 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. 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. The Associated Press contributed to this report. / CBS Colorado. Ashe claims the term "query" is not defined and vague in the department's policy, and is "susceptible to more than one meaning. 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. Those actions, according to the suit, were determined to be a violation of department policy. Former officer Daria Jalali also faces misdemeanor charges regardingher role in the arrest. I know the lawsuits going on, and thats something we can hide behind but the information needs to be put out there.. "What you saw on the video was not the Loveland Police Department. A fourth officer, Sgt. 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. 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. 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. CNN has contacted the Fraternal Order of Police numerous times and has not heard back. She said it was "unacceptable" that Metzler and Hill remain with the department. The Moving can be an exciting experience. Karen Garner suffered from a broken arm, sprained wrist and separated shoulder during her June 2020 arrest by Hopp. A team of outside law enforcement agencies is conducting a criminal investigation into the arrest at the district attorney's request. A little muddy. 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. Former Loveland police officer Austin Hopp enters the courtroom for his preliminary hearing Thursday, August 19, 2021, at the Larimer County Justice Center. Councilor Dave Clark said he trusted Adams office to disclose information as soon as possible. "Ready for the pop?" Hopp tells Jalali to help him get Garner on the ground and then he hogties her and forces her into the back of a police car. Those are the words of Loveland Police Officer Daria Jalali, said with a smile, after her Show more Show more GOVERNOR REAGAN AS GUEST WITH JOHNNY CARSON - 03/15/75 Edward Everitt 1M views 9. That is when Hopp is seen grabbing Garner by the arm and forcefully taking her to the ground. These concerns and future actions include mandatory training on interacting with mentally ill citizens and mandatory training on recognizing Alzheimers and dementia in citizens.. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. 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. For an optimal experience visit our site on another browser. Garner then can be heard saying, "Don't do that!" The incident occurred in 2020 but a lawsuit wasnt filed until last year. 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. At least one supervising officer, Sgt. RELATED: Loveland Police to require training by Alzheimer's Association after excessive force allegation, SUGGESTED VIDEOS:Investigations from 9Wants to Know. The city settled on a $3 million payment stemming from the suit filed on behalf of Garner. The arrest, captured on an officers body camera, repeatedly shows Garner saying, Im going home, to the arresting officer. We don't play this game. Three police officers involved in the rough arrest of a 73-year-old Colorado woman with dementia have resigned, officials said Friday. 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. 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Body camera video shows police force 78-year-old woman with dementia to ground, arrest and booking of a 73-year-old woman with dementia, Video appears to show Colorado officers laughing after arresting 73-year-old with dementia. 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. Thank you for your interest in the Loveland Police Department. The officers did not immediately respond to NBC News' request for comment. However, he was named in a separate excessive force lawsuit filed in connection with the 2019 arrest of resident Preston Sowl. Get browser notifications for breaking news, live events, and exclusive reporting. He also spoke to a man who stopped his car near the scene and complained about the amount of force being used on Garner. This material may not be published, broadcast, rewritten, or redistributed. All Rights Reserved. ", More:Fort Collins man sues Loveland police officer, alleges wrongful DUI arrest. ", The woman is then seen being pushed against the cop car as she once again screams, "I'm going home.". 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. I wish to thank the community and professional members of Loveland PD who focused on our mission to reduce crime and increase traffic safety through a smart data-driven approach. The pop refers to something in the video, but its not clear what that is. Its time for action., Body cam video shows arrest of Colorado woman with dementia. Both were arrested and charged with crimes related to Garner's arrest. According to a YouTube transcription of the video, Hopp then asks, Are you ready for the pop? as Jalali covers her ears. Hopp, 26, and Jalali, 27, were reportedly in a romantic relationship. Im very, very disappointed. 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. 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.. Hopp is seen in that video saying the arrest went "great" and commenting about the moment he dislocated Garner's shoulder. She remained in that cell for two and a half hours, the lawsuit states, until she was taken to a hospital. Garner's family felt the video in the case proved Hopp was guilty on all counts beyond a reasonable doubt. 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. 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. 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.. It's unclear why Metzler and Hill were not among those no longer with the department. Hopp was hit with assault, attempting to influence a public servant and official misconduct. "I've been in law enforcement 32 years, and what I saw in there hurt me personally. Did you encounter any technical issues? This footage has been edited by the law firm representing Garner. This material may not be published, broadcast, rewritten, or redistributed. Max Levy has covered city government for the Loveland Reporter-Herald, joining the staff in 2019. 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. 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. 2023 CBS Broadcasting Inc. All Rights Reserved. Attempts to reach Metzler were unsuccessful on Wednesday evening. 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. Garner's daughter, Allisa Swartz, spoke about the arrest with 9Wants to Know reporter Matt Jablow. In . as Hopp yanks her arm behind her back and orders her to stay "on the ground". 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. The city of Loveland declined to comment for this article because of the pending litigation. 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. 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. Phil Metzler and the 2020 arrest of Karen Garner, though Ashe was not involved in that investigation or case in any way. 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. Your California Privacy Rights / Privacy Policy. Jalali can be seen in the bodycam video pinning helping Hopp to pin Garner to the police car Credit: The Life & Liberty Law Office. Jalali, who recently arrived, said, "Stand up! 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. In the video, Hopp gives Jalali a fist bump when asked how the arrest went. 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. 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. The arrest sparked a criminal investigation led by District Attorney Gordon McLaughlin and the Fort Collins Police Services. 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.". 9NEWS has not been able to obtain the raw video. 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