The city said Ashe violated three department policies and procedures:. 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? 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 . Jalali then arrives on scene. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Hopp responds by roughly taking Garner to the ground, handcuffing her and then forcing Garner to her feet. Thank you for your interest in the Loveland Police Department. 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. Those officers no longer work for the department and their sergeant resigned but Ticer remained in place until now. "Hear the pop?". "A little bloody. Bruno did not know if the officers have retained separate legal counsel. Garner is then seen collapsing to the ground as Jalali tells her: "Stand up, we're going to hold you. The arresting officer, Austin Hopp, was placed on administrative leave. but it can also be stressful. 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. Garner never returned to normal after the arrest and has become largely non-communicative, her family says. Philip Metzler, was also placed on administrative leave but was not among those who lost their jobs. Metzler was Hopp and Jalalis supervising officer at the time of Garners arrest. McLaughlin says there is no set timeframe to complete the investigation, but it is a priority for his office. Footage from the video was shot in the Loveland Police Departments booking area shortly after Garners arrest. "I've been in law enforcement 32 years, and what I saw in there hurt me personally. He also spoke to a man who stopped his car near the scene and complained about the amount of force being used on Garner. Phil Metzler, knew about the forceful arrest because he responded to the scene. 2021 CBS Interactive Inc. All Rights Reserved. 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. 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.. 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. 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. I know the lawsuits going on, and thats something we can hide behind but the information needs to be put out there.. He questioned why council members were not told about the second video prior to it being released by Garners attorney. A team of outside law enforcement agencies is conducting a criminal investigation into the arrest at the district attorney's request. / CBS Colorado. > Video below was provided by Garner's lawyer, who edited in the verbatim and the commentary at the bottom of the screen. As the officers watched the bodycam footage that showed Hopp holding Garner against a patrol car, Hopp said, "Ready for the pop?" These concerns and future actions include mandatory training on interacting with mentally ill citizens and mandatory training on recognizing Alzheimers and dementia in citizens.. Body camera footage from Hopp showed him approaching Garner as she walked home. "Seeing horrible things that people do to each other every day really plays a part in that disconnect, and when that disconnect really happens, [that video is] what it looks like," Fanning told 9NEWS. Other photos spread of the pair living together at Jalali's home, when Hopp was still married. 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. McLaughlin said in the statement that he will consider the officers' comments about the arrest, along with other evidence, in making his charging decision. Hopp arrested Karen Garner in June 2020 after she allegedly left a store without paying for about $14 worth of items. city settled a civil lawsuit with Garners family for $3 million. We demand swift action now, he added. Ticer said there will be an internal affairs investigation handled by the city's human resources director. A violent snapping sound can be heard when Hopp assists and pushes Garners arm as she shrieks in pain. This is not an excessive force case its torture in broad daylight, by multiple officers, including supervisors, Schielke said. 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? The suit claims that the city should not have fired Ashe and asks for a jury trial. A little muddy. The 8th Judicial District Attorneys Office of Colorado said last week it has requested a review of the incident. It's unclear why Metzler and Hill were not among those no longer with the department. 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. The results of the independent assessment were released publicly and presented to the city council in January. 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 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. 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. Not what happened to our mother. 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. Loveland PD employs 115 sworn officers and 60 professional staff. 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. 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. 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.. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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Denver Post reporter Sam Tabachnik contributed to this report. 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. 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. All rights reserved. "What you saw on the video was not the Loveland Police Department. He then said that four police officers involved in the arrest have been placed on administrative leave, including Hopp, Tyler Blackett, Sgt. 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. (Jenny Sparks/Loveland Reporter-Herald), Austin Hopp and Daria Jalali (credit: Larimer County). Ashe was not involved in Garners arrest or the civil lawsuit filed against the department and several officers, including Metzler. The officer in the frame is Jalali who tells Garner to "Quit it" as she pulls her arm behind her back. "It's a really important thing for everyone to know that this is now a criminal investigation," said Hacker. He also said there was no internal affairs investigation immediately after the arrest. 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Please look at the time stamp on the story to see when it was last updated. 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. 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. 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. "I fully support these charges, Loveland Police Chief Robert Ticer repeated twice during a press conference on Wednesday. "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.". Judge Joseph Dean Findley has a review of the lawsuit scheduled for 7 a.m. Feb. 25. Schielke said because of the dementia, Garner forgot to pay for the items, which were retrieved by Walmart employees. 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. 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. Garner has now filed a federal lawsuit against theLoveland Police Department (LPD). I know theres a desire to talk in public there is, at this point, information that we just cant share that way, Adams said. Ashe was not involved in Garners arrest nor was he named in that lawsuit. ", More:Fort Collins man sues Loveland police officer, alleges wrongful DUI arrest. 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. Mark Hansel. Discovery Company. The case was later dismissed. 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. Fanning works in part with police departments, 911 call operators and officers who have been subjected to trauma. Some of the officers named in the lawsuit have also retained the Fraternal Order of Police for additional legal representation, she said. Officers shown on video fist bumping while having discussions about the arrest of Karen Garner on June 26, 2020. 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. 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. I will consider those statements along with all relevant evidence compiled by the (Critical Incident Response Team) in making a charging decision.. 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. We hope you will find useful information in the links on the left. The city attorney will review all use-of-force cases in the future, he said. The majority of police officers at the Loveland Police Department have now gone through. Did you encounter any technical issues? He did not immediately provide the name of the lawyers hired by the city. It was discussed at every level of the process, including the actions Chief Ticer took once he was made aware of the situation.. Your California Privacy Rights / Privacy Policy. The footage came from a camera inside the Loveland Police Department and includes subtitles that havent been verified by NBC News. Whether movers in Fort Collins are helping you Pamela Johnson is an award-winning journalist with two decades invested in the community of Loveland. Show Transcript. "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.". 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. Garner has dementia and sensory aphasia, which impairs her ability to verbally communicate with people or understand others' communications. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. It is a crime to help other people commit crimes, she said. While this will not change the terrible treatment Ms. Garner 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. 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