suggesting he was aware that he had injured her. 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. Ashe was not involved in Garners arrest or the civil lawsuit filed against the department and several officers, including Metzler. FORT COLLINS, Colo. (KDVR) Multiple charges have been filed against two Loveland police officers for their involvement in the arrest of a 73-year-old woman with dementia. Sgt. However, he was named in a separate excessive force lawsuit filed in connection with the 2019 arrest of resident Preston Sowl. 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. excessive force lawsuit that resulted in a $290,000 settlement by the city in January 2021. > Below: Body camera footage shows the arrest of the 73-year-old. "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.". 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. At least 12 dead after winter storm slams South, Midwest, The Saturday Six: Dental device controversy, scientist's bug find and more, Indonesia fuel depot fire kills 18; more than a dozen missing, 3 children killed, 2 others wounded at Texas home, Man charged for alleged involvement in 2 transformer explosions, Nikki Haley slams potential GOP contenders, and Trump and George W. Bush, Duo of 81-year-old women plan to see the world in 80 days, Tom Sizemore, actor known for "Saving Private Ryan" and "Heat," dies at 61, Alex Murdaugh trial: What to know about the double murder case, Video shows officers laughing at footage of violent arrest of 73-year-old woman with dementia, NTSB to investigate in-flight turbulence that left 1 passenger dead, Pittsburgh woman missing for 31 years found alive in Puerto Rico. I do not see the need for a town hall to ask questions that the city cant answer at that time.. The pop refers to something in the video, but its not clear what that is. According to a YouTube transcription of the video, Hopp then asks, Are you ready for the pop? as Jalali covers her ears. 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. 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.. In Larimer County Court in early March, Hopp pleaded guilty to an assault charge that was punishable by 2 to 8 years in prison. In . 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. ", A concerned passerby is then heard off-camera pulling over and calling out to the cops: "Do you have to use that much aggression? During most of the meeting, the police department shared details about its co-responder program, which began in 2016. The body camera footage can be heard but not seen on the police station video. 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? Soon after the lawsuit was filed, Ticer showed contrition. Its unclear who reviewed that report and whether those who reviewed the report looked at the body camera footage. After keeping her pinned down, Hopp appears to announce for purposes of documenting the bodycam evidence: "After a short struggle, she is now detained. I know theres a desire to talk in public there is, at this point, information that we just cant share that way, Adams said. 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. 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. Its time for action., Body cam video shows arrest of Colorado woman with dementia. 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. The footage came from a camera inside the Loveland Police Department and includes subtitles that havent been verified by NBC News. ", First published on April 30, 2021 / 2:58 PM. We are pursuing every option to swiftly address concerns raised through the lawsuit and the corresponding video footage, said Loveland City Manager Steve Adams. A little muddy. 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. This material may not be published, broadcast, rewritten, or redistributed. McLaughlin says there is no set timeframe to complete the investigation, but it is a priority for his office. Metzler was placed on leave on April 27 and makes $2,362 a week, Loveland salary records show. Cant take statins? Copyright 2023 CBS Interactive Inc. All rights reserved. Ticer said there will be an internal affairs investigation handled by the city's human resources director. She then confirmed the blood belongs to Garner. Minyvonne Burkeis a senior breaking news reporter for NBC News. The department has been under scrutiny since the forceful arrest of 73-year-old Karen Garner in 2020. The altercation was captured on police body camera video and shared by Garner's attorney, Sarah Schielke. Arrest warrants were issued Wednesday for Hopp and Jalali, and McLaughlin said he believed the two former officers planned to turn themselves in. Garners family wants him to be fired and criminally charged and for the police chief to resign, Schielke said. 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. While councilor John Fogle asked Adams whether the city could share a timeframe of when more information would be released, Adams said the city wants to communicate more frequently but is limited by the timeframe of Fort Collins Police Services investigation on behalf of the 8th Judicial District Attorneys Office. 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.. 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. 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. 2. CNN has contacted the Fraternal Order of Police numerous times and has not heard back. The incident. It's unclear why Metzler and Hill were not among those no longer with the department. Show Transcript. 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. The incident occurred in 2020 but a lawsuit wasnt filed until last year. 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. Footage from the video was shot in the Loveland Police Departments booking area shortly after Garners arrest. I dont know that this response is enough for our community, Samson said of Adams original statement. 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. The 8th Judicial District Attorneys Office of Colorado said last week it has requested a review of the incident. 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. Department spokesman Tom Hacker later confirmed they had resigned. 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. While this will not change the terrible treatment Ms. Garner Ashe was not involved in the civil lawsuit filed by the Garner family. If your child will play baseball or softball this spring, youll need to stock up on appropriate clothing and equipment. Previously, he worked for the Holyoke Enterprise in Holyoke, Colorado. "A little bloody. This footage has been edited by the law firm representing Garner. Mark Hansel. Phil Metzler, knew about the forceful arrest because he responded to the scene. That is when Hopp is seen grabbing Garner by the arm and forcefully taking her to the ground. Adams said he had shared all he could about the ongoing lawsuit. 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. "Hear the pop?". 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.". 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 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. The arrest sparked a criminal investigation led by District Attorney Gordon McLaughlin and the Fort Collins Police Services. Your Loveland Police Department remains one of my top priorities.. Garner was wrestled to the ground within 30 seconds of a police officer exiting his patrol car. The lawsuit says Garner had attempted to leave a Walmart with less than $14 worth of items she forgot to purchase. Schielke said Garner was walking home when she was stopped by Hopp on suspicion of stealing $13.88 worth of items from a Walmart. > Video below was provided by Garner's lawyer, who edited in the verbatim and the commentary at the bottom of the screen. Ashe was not involved in Garners arrest nor was he named in that lawsuit. ", "It hurt to see that," Ticer said Friday in reaction to the bodycam video. 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. 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, who recently arrived, said, "Stand up! Her lawyer, Sarah Schielke, said the officers dislocated Garner's shoulder, broke a bone in her arm and sprained her wrist. He also said the department will review its paid leave policy in the case of extenuating circumstances., While he acknowledged that the steps were not a final solution, he said the steps he listed are only immediate actions we are taking to restore our public trust in our city.. Karen Garner was arrested last June for walking out of a Walmart with $13.88 worth of items, according to a lawsuit filed Sunday. 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. We don't play this game. 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. Sometimes our job is just to listen, Samson replied. 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. Phil Metzler and the 2020 arrest of Karen Garner, though Ashe was not involved in that investigation or case in any way. Thats when another video clip showed the uniformed duo snickering and fist-bumping as they watched Hopps bodycam video of the bust. RELATED: Lawyer claims new video shows Loveland police knew of injuries caused to 73-year-old woman during arrest. Elise Schmelzer is the public safety reporter at The Denver Post and covers policing, crime and criminal justice. Loveland, Colorado, police officers watch body camera footage of Karen Garner's arrest. "That is not the Loveland Police Department," he said. Hopp arrested Karen Garner in June 2020 after she allegedly left a store without paying for about $14 worth of items. CNN Sans & 2016 Cable News Network. An audible pop is heard on the camera, something Hopp acknowledged hearing in footage later released by Loveland police. Applications are accepted whenever there is an active job announcement posted. ", Hopp dismisses the driver saying, "Get out of here, this is not your business. That's how it works," Jalali says. Phil Metzler is the next Loveland cop to arrive on the scene, approving the arrest and reportedly ordering that Garner be denied access to medical care for her injuries afterward., He then asked Hopp and Jalali: "Are you guys all good? Garners family released a statement Tuesday saying they were devastated because Garner is a human being that was treated by Loveland police like an animal., We are physically sickened. Minyvonne Burke. He questioned why council members were not told about the second video prior to it being released by Garners attorney. The city of Loveland declined to comment for this article because of the pending litigation. Officers shown on video fist bumping while having discussions about the arrest of Karen Garner on June 26, 2020. Not what happened to our mother. Some of the officers named in the lawsuit have also retained the Fraternal Order of Police for additional legal representation, she said. The city launched an independent internal investigation into Garners arrest and an independent assessment of the departments policies, culture and procedures. A statement from Walmart indicates that police were called only after Garner became "physical" with an associate. 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. LOVELAND, Ohio . Get browser notifications for breaking news, live events, and exclusive reporting. Karen Garner suffered from a broken arm, sprained wrist and separated shoulder during her June 2020 arrest by Hopp. / CBS Colorado. It is a crime to help other people commit crimes, she said. Garner, who lives with dementia, allegedly tried to steal less than $15 worth of goods from Walmart. Hopp was hit with assault, attempting to influence a public servant and official misconduct. The officers' initial report said Garner, who has dementia, was not injured. Why are only two officers charged?. 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. During an open public comment period, callers who spoke on the issue were unilaterally critical of the police department. 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.
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