The city launched an independent internal investigation into Garners arrest and an independent assessment of the departments policies, culture and procedures. A lawsuit has been filed against a Colorado police department over claims their officers used excessive force during the arrest of a 73-year-old woman. The assault and attempt to influence a public servant are felony charges and the official misconduct charge is a misdemeanor. 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. Schielke said her client did not stop when Hopp asked because she did not understand him. It was discussed at every level of the process, including the actions Chief Ticer took once he was made aware of the situation.. More:Loveland police buy new body cameras, Tasers to enhance de-escalation, transparency efforts. Councilor Richard Ball also warned against inviting a lawsuit by terminating any of the officers in haste. "We failed, and we are very sorry for that.". An amended complaint says that Hill came into the booking area and saw that Garner was injured but did not get her medical care. A team of outside law enforcement agencies is conducting a criminal investigation into the arrest at the district attorney's request. 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. 2022 CBS Broadcasting Inc. All Rights Reserved. Elise Schmelzer is the public safety reporter at The Denver Post and covers policing, crime and criminal justice. Officers Austin Hopp, Tyler Blackett and Daria Jalali were placed on administrative leave over the incident, along with Sgt. She shrugs her shoulders and keeps walking. Bruno did not know if the officers have retained separate legal counsel. Mark Hansel. Schielke said the arresting officers told the Larimer County Jail staff that Garner was uninjured despite obvious signs that she had painful injuries. Carrying a wildflower in her hand, she failed to comply to multiple orders to stop. Alert Desk Curator. Garners family in a statement through their attorney said Ticer's comments Friday were "endeavoring to protect only himself and the reputation of the LPD. 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. Loveland police Chief Robert Ticer said at a news conference Wednesday that he fully supported the charges against Hopp and Jalali. Minyvonne Burke. 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. 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. Officers shown on video fist bumping while having discussions about the arrest of Karen Garner on June 26, 2020. Are you finished? The video shows him commenting on how muddy the officers are. 9NEWS has not been able to obtain the raw video. "That is not the Loveland Police Department," he said. That is when Hopp is seen grabbing Garner by the arm and forcefully taking her to the ground. "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. You can see in the video how theyre laughing at my mom, Swartz said, according to the AP. 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. This is an archived article and the information in the article may be outdated. Philip Metzler. 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 arrest, captured on an officers body camera, repeatedly shows Garner saying, Im going home, to the arresting officer. For an optimal experience visit our site on another browser. But as the three of them continue watching, it appears Jalali becomes uncomfortable with the video. Ticer said it "hurt" to see the video of Garner's arrest. Im very, very disappointed. 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. These opportunities and partnerships provided a mechanism to put more police officers into our schools to protect our children and staff. 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 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. Ashe was fired after he allegedly asked a records division technician to search for records pertaining to Sgt. She said she doesn't understand why the officers did what they did and said the incident has made her mother's dementia worse. Garner's daughter, Allisa Swartz, spoke about the arrest with 9Wants to Know reporter Matt Jablow. Loveland police are undergoing trainings for Alzheimer's awareness and deescalation. "They were not fired. Your Loveland Police Department remains one of my top priorities.. 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. 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. Hopp is seen in that video saying the arrest went "great" and commenting about the moment he dislocated Garner's shoulder. > Below: Body camera footage shows the arrest of the 73-year-old. 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. RELATED: Larimer DA announces independent investigation after forcible arrest of 73-year-old woman. Councilor Dave Clark said he trusted Adams office to disclose information as soon as possible. It's unclear why Metzler and Hill were not among those no longer with the department. 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. Body camera footage from Hopp showed him approaching Garner as she walked home. The family on Mothers Day visited Garner at the memory care facility where she now lives, said Shannon Steward, Garners daughter-in-law. Garner was taken to an intake holding facility at Loveland Police Department where she complained multiple times about having injuries. 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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. 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. 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. He questioned why council members were not told about the second video prior to it being released by Garners attorney. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. I just want justice for my mom.. She then confirmed the blood belongs to Garner. (Warning: The content in this video is graphic and may be disturbing to some viewers.). 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. Both Hopp and Jalali worked in previous law enforcement jobs before joining the Loveland Police Department. The city of Loveland has not filed a response in court, and City Attorney Moses Garcia said he could not comment on pending litigation. appreciated. 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. "We failed, and we are very sorry for that.". Arrest warrants were issued Wednesday for Hopp and Jalali, and McLaughlin said he believed the two former officers planned to turn themselves in. 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. Footage from the video was shot in the Loveland Police Departments booking area shortly after Garners arrest. 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. In the video, Hopp gives Jalali a fist bump when asked how the arrest went. Hopp, 26, and Jalali, 27, were reportedly in a romantic relationship. Phil Metzler and the 2020 arrest of Karen Garner, though Ashe was not involved in that investigation or case in any way. 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. Failing to intervene in an excessive use of force by police became a crime in Colorado one week before Garners arrest when Gov. LOVELAND, Colo. (KDVR) The chief of the Loveland Police Department is leaving in the midst of controversy within the citys force. 2023 www.cincinnati.com. the violent arrest of a 73-year-old woman. 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 pop refers to something in the video, but its not clear what that is. RELATED: Loveland Police to require training by Alzheimer's Association after excessive force allegation, SUGGESTED VIDEOS:Investigations from 9Wants to Know. Loveland Police Department (LPD) Officer Austin Hopp threw 73-year-old Karen Garner to the ground in June of 2020, fracturing her arm and dislocating her shoulder after she allegedly stole. Fogle also moved successfully for the council to add a public comment period to study sessions for the next 120 days, with Olson casting the only no vote and councilor Don Overcash absent. 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. 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. The city attorney will review all use-of-force cases in the future, he said. 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. On Wednesday, Justine Bruno with the Loveland City Managers Office told CNN that Jalali along with officers Tyler Blackett and Philip Metzler were placed on administrative leave.