Former Loveland Police Officer Paul Ashe has asked a jury to reverse Police Chief Bob Ticers decision in October to fire him, and to award him back pay and compensation for lost benefits. According to a YouTube transcription of the video, Hopp then asks, Are you ready for the pop? as Jalali covers her ears. 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. In October, city spokesperson Tom Hacker told the Coloradoan that Ashe had been placed on unpaid leave as a result of the Garner internal affairs investigation.. Karen Garner suffered from a broken arm, sprained wrist and separated shoulder during her June 2020 arrest by Hopp. Department spokesman Tom Hacker later confirmed they had resigned. 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. 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. May 5, 2022 / 4:00 PM Schielke said Garner was walking home when she was stopped by Hopp on suspicion of stealing $13.88 worth of items from a Walmart. 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.. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Previously, the Loveland Police Department had said one officer was placed on leave and two others were reassigned to administrative duties. The lawsuit says that Garner "was bleeding from the nose, forehead, and wrist, all over herself.". 2021 CBS Interactive Inc. All Rights Reserved. he asks. Councilor Dave Clark said he trusted Adams office to disclose information as soon as possible. city settled a civil lawsuit with Garners family for $3 million. The department has been under scrutiny since the forceful arrest of 73-year-old Karen Garner in 2020. 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, Colo. On Tuesday, the Loveland city manager announced four officers are now on administrative leave following the forcible arrest of Karen Garner. Jared Polis signed a sweeping police reform bill into law. Loveland police Chief Robert Ticer said at a news conference Wednesday that he fully supported the charges against Hopp and Jalali. Garner never returned to normal after the arrest and has become largely non-communicative, her family says. Loveland, Colo., Police Department body-camera video from June 26, 2020, shows the violent arrest of Karen Garner, a 73-year-old with dementia. "It's a really important thing for everyone to know that this is now a criminal investigation," said Hacker. 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. We have engaged outside counsel who will be representing the city in this matter, said Garcia. Sometimes our job is just to listen, Samson replied. (Warning: The content in this video is graphic and may be disturbing to some viewers.). Get browser notifications for breaking news, live events, and exclusive reporting. Im very, very disappointed. 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. 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.. I dont know that this response is enough for our community, Samson said of Adams original statement. LOVELAND, Colo. On Tuesday, the Loveland city manager announced four officers are now on administrative leave following the forcible arrest of Karen Garner. 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. A violent snapping sound can be heard when Hopp assists and pushes Garners arm as she shrieks in pain. She remained in that cell for two and a half hours, the lawsuit states, until she was taken to a hospital. Minyvonne Burke. The suit claims that the city should not have fired Ashe and asks for a jury trial. ", First published on April 30, 2021 / 2:58 PM. Who is Quintin Jones and why is he on death row? Phil Metzler and the 2020 arrest of Karen Garner, though Ashe was not involved in that investigation or case in any way. Another investigation will look at the departments policies and procedures as a whole and recommend changes. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. 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We are pursuing every option to swiftly address concerns raised through the lawsuit and the corresponding video footage, said Loveland City Manager Steve Adams. Beyond more criminal charges, Garners family wants to know exactly who knew about the brutality of the arrest prior to the federal lawsuit being filed and why those people did not act. 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. 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. Philip Metzler. Alert Desk Curator. 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. The footage came from a camera inside the Loveland Police Department and includes subtitles that havent been verified by NBC News. 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. 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. 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. Not what happened to our mother. The rescue happened Jan. 26. Elise Schmelzer is the public safety reporter at The Denver Post and covers policing, crime and criminal justice. She said she doesn't understand why the officers did what they did and said the incident has made her mother's dementia worse. RELATED: Larimer DA announces independent investigation after forcible arrest of 73-year-old woman. 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Carrying a wildflower in her hand, she failed to comply to multiple orders to stop. Garner was taken to an intake holding facility at Loveland Police Department where she complained multiple times about having injuries. She said it was "unacceptable" that Metzler and Hill remain with the department. Former Loveland Police officers Austin Hopp and Daria Jalali are facing multiple criminal counts for their actions. Updated 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. He graduated from the University of Colorado Boulder in 2018. I am proud that we were able to strengthen staffing levels and benefits for our officers while providing state-of-the-art equipment, to include sport utility vehicles for patrol and body-worn cameras to better serve our community. Jalali can be seen in the bodycam video pinning helping Hopp to pin Garner to the police car Credit: The Life & Liberty Law Office. It is a crime to help other people commit crimes, she said. 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. He did not immediately provide the name of the lawyers hired by the city. That avoided the minimum 10 to 30 or more years in prison he would have faced had there been a trial and a conviction. Adams declined to respond to Molloys criticisms. 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. 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. Ashe claims the term "query" is not defined and vague in the department's policy, and is "susceptible to more than one meaning. All rights reserved. As the officers watched the bodycam footage that showed Hopp holding Garner against a patrol car, Hopp said, "Ready for the pop?" Blackett was not involved in Garner's arrest but assisted with booking her at the jail. 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. "We failed, and we are very sorry for that.". 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. 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. Karen Garner suffered a dislocated shoulder, fractured arm and sprained wrist after officers with the Loveland Police Department slammed her to the ground and hog-tied her June 26, 2020,. The assault and attempt to influence a public servant are felony charges and the official misconduct charge is a misdemeanor. Garner was 73 when she was arrested and was reportedly injured as a result of that arrest. 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. On Friday, Loveland's police chief, Robert L. Ticer, said that two police officers who had arrested Ms. Garner Austin Hopp and Daria Jalali as well as a community service officer,. 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. 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. Hopp is seen in that video saying the arrest went "great" and commenting about the moment he dislocated Garner's shoulder. Garner then can be heard saying, "Don't do that!" 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. Garner, who lives with dementia, allegedly tried to steal less than $15 worth of goods from Walmart. Ticer, he alleges, did neither. 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. 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. Ashe was not involved in Garners arrest nor was he named in that lawsuit. 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. ", A concerned passerby is then heard off-camera pulling over and calling out to the cops: "Do you have to use that much aggression? The officers' initial report said Garner, who has dementia, was not injured. We are disappointed.. He also said there was no internal affairs investigation immediately after the arrest. The outside group or groups that will help the city in those investigations have not yet been finalized, Ticer said. Phillip Metzler. CNN Sans & 2016 Cable News Network. 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 four officers being placed on leave follows the release of video showing officers identified as Hopp, Jalali and Blackett laughing as they begin to watch the body camera footage of Garners arrest. We wish him the best in his new role, Loveland City Manager Steve Adams said. 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. Former officer Daria Jalali also faces misdemeanor charges regardingher role in the arrest. That is when Hopp is seen grabbing Garner by the arm and forcefully taking her to the ground. For an optimal experience visit our site on another browser. IE 11 is not supported. 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. 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. Cold case: Who murdered this man on Lookout Mountain? You can see in the video how theyre laughing at my mom, Swartz said, according to the AP. 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. 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? "They were not fired. During an open public comment period, callers who spoke on the issue were unilaterally critical of the police department. "A little bloody. This footage has been edited by the law firm representing Garner. Hopp, 26, and Jalali, 27, were reportedly in a romantic relationship. 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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. We are angry. Blackett responds by saying, the bodycam show, as someone giggles. 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. Copyright 2023 CBS Interactive Inc. All rights reserved. Crews are responding to a report of a structure fire on Park Avenue in Loveland. Loveland police are undergoing trainings for Alzheimer's awareness and deescalation. All Rights Reserved. Please look at the time stamp on the story to see when it was last updated. 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. 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. Your California Privacy Rights / Privacy Policy. 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. 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. During a Nov. 12 hearing on Ashes termination, a records division technician testified that she spoke with Ashe about that records search when he went to the records division July 7, and she did the search herself. 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. appreciated. Thank you for your interest in the Loveland Police Department. as Hopp yanks her arm behind her back and orders her to stay "on the ground". "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.".

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