Garner was 73 when she was arrested and was reportedly injured as a result of that arrest. as Hopp yanks her arm behind her back and orders her to stay "on the ground". Some of the officers named in the lawsuit have also retained the Fraternal Order of Police for additional legal representation, she said. Three Loveland, Colorado, police officers are no longer employed with the department after their involvement in the arrest and booking of a 73-year-old woman with dementia. This footage has been edited by the law firm representing Garner. Elise Schmelzer is the public safety reporter at The Denver Post and covers policing, crime and criminal justice. The arresting officer, Austin Hopp, was placed on administrative leave. Prosecutors with the Eighth Judicial District Attorneys Office on Wednesday filed charges against Austin Hopp and Daria Jalali, the officers who violently arrested Karen Garner in June after receiving a report that she tried to walk out of a Walmart with $13 of merchandise. 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 city managers office. He questioned why council members were not told about the second video prior to it being released by Garners attorney. 2023 www.cincinnati.com. 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. Jalali can be seen in the bodycam video pinning helping Hopp to pin Garner to the police car Credit: The Life & Liberty Law Office. 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. While this will not change the terrible treatment Ms. Garner Garner filed a federal lawsuit this month saying Hopp dislocated her shoulder when she was arrested and that she did not receive medical care for about six hours after being taken to the county jail. But Hopps affidavit shows that Hopp did file a report. 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. That avoided the minimum 10 to 30 or more years in prison he would have faced had there been a trial and a conviction. 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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 is an archived article and the information in the article may be outdated. You can see in the video how theyre laughing at my mom, Swartz said, according to the AP. Schielke said because of the dementia, Garner forgot to pay for the items, which were retrieved by Walmart employees. 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.. Loveland police are undergoing trainings for Alzheimer's awareness and deescalation. Jalali, who recently arrived, said, "Stand up! LOVELAND, Colo. On Tuesday, the Loveland city manager announced four officers are now on administrative leave following the forcible arrest of Karen Garner. LOVELAND, Colo. (KDVR) -- Body camera footage released by Loveland Police showed officers saving an unconscious woman from a car fire after a January crash. Loveland Police Department is an equal opportunity employer. ", More:Fort Collins man sues Loveland police officer, alleges wrongful DUI arrest. The officers did not immediately respond to NBC News' request for comment. Why are only two officers charged?. I will consider those statements along with all relevant evidence compiled by the (Critical Incident Response Team) in making a charging decision.. 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.. 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. Schielke said the arresting officers told the Larimer County Jail staff that Garner was uninjured despite obvious signs that she had painful injuries. That is when Hopp is seen grabbing Garner by the arm and forcefully taking her to the ground. 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. Hopp, Jalali and Blackett all failed to mention a shoulder injury in their original reports, even though investigators determined that Hopp heard about the potential injury on a phone before he submitted his use-of-force statement, the affidavit states. The outside group or groups that will help the city in those investigations have not yet been finalized, Ticer said. Fanning works in part with police departments, 911 call operators and officers who have been subjected to trauma. 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. Hopp first encountered Garner after being dispatched to a report of an attempted theft at a Loveland Walmart. IE 11 is not supported. Garner was taken to an intake holding facility at Loveland Police Department where she complained multiple times about having injuries. / CBS Colorado. 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.. LOVELAND, Colo. On Tuesday, the Loveland city manager announced four officers are now on administrative leave following the forcible arrest of Karen Garner. "It's a really important thing for everyone to know that this is now a criminal investigation," said Hacker. 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. During this period of time we were able to accomplish many projects such as the building of the Northern Colorado Regional Law Enforcement Training Center and completion of the Combined Regional Information Systems Project (CRISP), both of which support community safety for our officers and the public. ", Jalali appeared to ruefully brush off the dustup: "A little muddy, a little bloody, that's how it works.". Earlier this week, Schielke released a second video that shows three Loveland officers laughing about Garner's arrest. 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. Both were arrested and charged with crimes related to Garner's arrest. Two co-responders help Loveland police officers on calls related to mental health. If your child will play baseball or softball this spring, youll need to stock up on appropriate clothing and equipment. Its time for action., Body cam video shows arrest of Colorado woman with dementia. ", Hopp dismisses the driver saying, "Get out of here, this is not your business. This material may not be published, broadcast, rewritten, or redistributed. 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. RELATED: Larimer DA announces independent investigation after forcible arrest of 73-year-old woman. Ashe was not involved in Garners arrest or the civil lawsuit filed against the department and several officers, including Metzler. he asks. An innocent, elderly, disabled and severely injured resident of the United States of America was left handcuffed to a bench in a holding cell while the arresting officers laughed, joked and gloated about the arrest while watching their own body camera footage, Ritter said, and questioned how the incident was handled internally. I feel like they think that they are above the law, and they are the ones who are supposed to be protecting all of us. She then confirmed the blood belongs to Garner. I dont know that this response is enough for our community, Samson said of Adams original statement. 2020 THE SUN, US, INC. ALL RIGHTS RESERVED | TERMS OF USE | PRIVACY | YOUR AD CHOICES | SITEMAP, Former Loveland cop Austin Hopp and fellow former officer Daria Jalali face criminal charges for a 2020 arrest where 73-year-old Karen Garner's shoulder was dislocated, Credit: Sarah Shiekle/Life and Liberty Law Office, The police officers were fired after the bodycam of the arrest and CCTV footage of them giggling and fist-bumping following the booking of Garner, Karen Garner and her family filed an excessive force lawsuit accusing former Loveland Police Officer Austin Hopp of dislocating her shoulder during her arrest, The 73-year-old woman with dementia was walking on the shoulder of a highway before she was tackled and wounded during a violent arrest, Former Loveland Police Officer Austin Hopp, 26, allegedly dislocated 73-year-old's arm while attempting to bring her into custody, Credit: Loveland Police Department/Facebook, Officer Hopp's bodycam shows Garner being aggressively tackled to the ground as she kept repeating she was heading home, Former Loveland Police Officer Daria Jalali, 27, arrived to assist Officer Hopp, Jalali can be seen in the bodycam video pinning helping Hopp to pin Garner to the police car, The injured 73-year-old was forced to suffer for two hours in a jail cell, Garner was visibly bruised and wounded following the June 26, 2020 arrest, An arm fracture Garner is believed to have suffered at the hands of arresting Loveland police officers, The former police officers enjoy themselves while reviewing the aggressive tactics against the 73-year-old woman, It was discovered that the officers were romantically involved and living together even while Officer Hopp was still married, Both cops were fired and they're not facing criminal prosecution for the incident, Dementia sufferer, 73, left with dislocated shoulder and fractured arm after cop tackled her at Walmart when she forgot to pay $13, Arrest warrants issued for loved-up Colorado cops fired after vid of them laughing over breaking dementia-sufferers arm, Moment Geraldo Rivera throws notes at camera as he and and Dan Bongino have ANOTHER on-air meltdown over Gaza bloodshed, Cash Gernon murder - Texas woman Monica Sherrod who cared for tragic boy, 4, gives tearful account of chilling kidnap, 'Overwhelming evidence' points to Covid originating at Wuhan lab, House Intelligence Committee Republicans say, Trump Organization CFO Allen Weisselberg at center of New York AG's criminal tax investigation, report claims, Tucker Carlson likens Chicago Mayor Lori Lightfoot to a NAZI after she refuses questions from white reporters, Herd of cows stare scarily into camera moments before almost trampling a woman to death, Beaming Princess Beatrice shows off baby bump after announcing she's pregnant on Harry and Meghan's anniversary. A fourth officer, Sgt. "The longer trauma is not addressed, the more it gets almost cemented into who the person is and what their reactions are," Fanning said. Garner's daughter, Allisa Swartz, spoke about the arrest with 9Wants to Know reporter Matt Jablow. We have engaged outside counsel who will be representing the city in this matter, said Garcia. Garners family wants him to be fired and criminally charged and for the police chief to resign, Schielke said. The passage of the law also means that Jalali and Hopp will be permanently barred from getting peace officer certification in Colorado if they are convicted of excessive force or failing to intervene in the use of excessive force. 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. He did not immediately provide the name of the lawyers hired by the city. 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. Hopp the first officer to arrive on scene faces charges of second-degree assault, attempt to influence a public servant and official misconduct, court records show. She is no longer the happy woman collecting flowers that can be seen in the first seconds of Hopps body camera footage and is now fearful of everyone even her family. Notifications can be turned off anytime in the browser settings. ", About 30 seconds later, Garner began to slump toward the ground. Garner was wrestled to the ground within 30 seconds of a police officer exiting his patrol car. The investigation will be led by Fort Collins Police Services. "Our goal at the Loveland Police Department has always been to make our community proud," Ticer told reporters Friday. ", The woman is then seen being pushed against the cop car as she once again screams, "I'm going home.". 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. Philip Metzler, was also placed on administrative leave but was not among those who lost their jobs. The pop refers to something in the video, but its not clear what that is. 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. 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. This material may not be published, broadcast, rewritten, or redistributed. 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. Failing to intervene in an excessive use of force by police became a crime in Colorado one week before Garners arrest when Gov. A statement from Walmart indicates that police were called only after Garner became "physical" with an associate. Max Levy has covered city government for the Loveland Reporter-Herald, joining the staff in 2019. We are pursuing every option to swiftly address concerns raised through the lawsuit and the corresponding video footage, said Loveland City Manager Steve Adams. 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. Blackett responds by saying, the bodycam show, as someone giggles. Loveland PD employs 115 sworn officers and 60 professional staff. 2023 CBS Broadcasting Inc. All Rights Reserved. The suit claims that Ashe was fired on that day for asking a records technician to do a search of reports involving Sgt. 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. ", "He said that our mothers case has 'hurt him personally,'" the family statement said. ", First published on April 30, 2021 / 2:58 PM. 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. Soon after the lawsuit was filed, Ticer showed contrition. 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,. Sgt. 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. Ashe was not involved in the civil lawsuit filed by the Garner family. Garner, who lives with dementia, allegedly tried to steal less than $15 worth of goods from Walmart. Get browser notifications for breaking news, live events, and exclusive reporting. Though Samson pushed at one point for the council to change the topic of an upcoming town hall to an open discussion of the Garner issue, her request did not get the needed votes. 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. 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. Show Transcript. 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. I know many of our police officers, many of the ones I know would not conduct themselves in the way we might have seen on this video, Clark said, adding that while he strongly support(s) the police, he is not condoning the actions shown on the video by any means.. He was previously named in a separate excessive force lawsuit that resulted in a $290,000 settlement by the city in January 2021. The lawsuit alleges he was fired on Oct. 1, and that his termination was upheld in November. Phil Metzler and the 2020 arrest of Karen Garner, though Ashe was not involved in that investigation or case in any way. The Associated Press contributed to this report. > Video below was provided by Garner's lawyer, who edited in the verbatim and the commentary at the bottom of the screen. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Three police officers involved in the rough arrest of a 73-year-old Colorado woman with dementia have resigned, officials said Friday. Were going to get informed as quickly as we can, and so is the community, he said. 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. During an open public comment period, callers who spoke on the issue were unilaterally critical of the police department. The Oscars will air on ABC and can be streamed on ABC.com and the ABC app as well as Hulu + Live TV, YouTube TV, AT&T TV or FuboTV. A screen capture from body-worn camera video of Karen Garner's 2020 arrest and a portrait of Loveland Police Chief Bob Ticer. Previously, he worked for the Holyoke Enterprise in Holyoke, Colorado. Garner has dementia and sensory aphasia, which impairs her ability to verbally communicate with people or understand others' communications. Just over a month later, on Dec. 16, Ashe filed suit in district court. One resident, Shane Ritter, was ceded time by others to read a letter that had been signed by more than 160 people sincerely, and with outrage.. 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. 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. In Larimer County Court in early March, Hopp pleaded guilty to an assault charge that was punishable by 2 to 8 years in prison. These concerns and future actions include mandatory training on interacting with mentally ill citizens and mandatory training on recognizing Alzheimers and dementia in citizens.. 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. The department has been under scrutiny since the forceful arrest of 73-year-old Karen Garner in 2020. The video shows him commenting on how muddy the officers are. 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. Minyvonne Burkeis a senior breaking news reporter for NBC News. Garner's family felt the video in the case proved Hopp was guilty on all counts beyond a reasonable doubt. ", Sgt. 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 assault and attempt to influence a public servant are felony charges and the official misconduct charge is a misdemeanor. More:Loveland police buy new body cameras, Tasers to enhance de-escalation, transparency efforts. 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. Who is Quintin Jones and why is he on death row? Hopp, 26, and Jalali, 27, were reportedly in a romantic relationship. 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. Lovelands City Council grappled Tuesday with new footage released in the Karen Garner lawsuit and heard concerns from citizens on the citys handling of the issue. 10:25 PM EDT, Wed April 28, 2021, Video shows police officers laugh at arrest footage of elderly woman. Officers Austin Hopp, Tyler Blackett and Daria Jalali were placed on administrative leave over the incident, along with Sgt. The city attorney will review all use-of-force cases in the future, he said. Metzler was Hopp and Jalalis supervising officer at the time of Garners arrest. Ticer said Wednesday that he did not become aware of the arrest until the day Schielke filed the lawsuit. The Larimer County District Attorney's Office later announced there would be an independent investigation of the incident led by Fort Collins Police with help, as needed, from the U.S. Attorney's Office and the FBI. Austin Hopp Daria. McLaughlin said in the statement that he will consider the officers' comments about the arrest, along with other evidence, in making his charging decision. Copyright 2023 CBS Interactive Inc. All rights reserved. And last month, the city of Loveland reached a $290,000 settlement in a lawsuit filed against the police department for allegedly wrongfully arresting a man in September 2019. "A little bloody. 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. Philip Metzler. 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. Metzler remains at the department on paid administrative leave and prosecutors did not charge him criminally. 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. Former officer Paul Ashe was fired Oct. 1 after being accused of violating Loveland Police Departments policy on accessing records, according to the lawsuit. There is no estimated time for when Metzler will return from administrative leave, Ticer 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. That is the law in Colorado. Its unclear who reviewed that report and whether those who reviewed the report looked at the body camera footage. Loveland, Colo., Police Department body-camera video from June 26, 2020, shows the violent arrest of Karen Garner, a 73-year-old with dementia. An. Officers shown on video fist bumping while having discussions about the arrest of Karen Garner on June 26, 2020. 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. 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,. Minyvonne Burke. Another investigation will look at the departments policies and procedures as a whole and recommend changes. LOVELAND, Colo. (KDVR) The chief of the Loveland Police Department is leaving in the midst of controversy within the citys force. Bodycams are my favorite thing to watch. / CBS/AP. She hasnt smiled since then, Steward said. "Hear the pop?". CNN Sans & 2016 Cable News Network. Garner is then seen collapsing to the ground as Jalali tells her: "Stand up, we're going to hold you. We're not going to hold you. Applications are accepted whenever there is an active job announcement posted. Former Loveland police officer Austin Hopp enters the courtroom for his preliminary hearing Thursday, August 19, 2021, at the Larimer County Justice Center. We are angry. The city settled on a $3 million payment stemming from the suit filed on behalf of Garner. The arrest sparked a criminal investigation led by District Attorney Gordon McLaughlin and the Fort Collins Police Services. According to LPD, It is a crime to help other people commit crimes, she said. 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. 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. During the press conference, Ticer didn't specify whether the officers resigned or were fired. 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.". "I fully support these charges, Loveland Police Chief Robert Ticer repeated twice during a press conference on Wednesday. I get word from an email, I get word from the newspaper, I get word not from the city that works for the elected officials, he said. This philosophy allowed our agency, working together with the community, to significantly decrease crimes and traffic crashes in Loveland, which was a top priority. We demand swift action now, he added. The other officer involved in the arrest, Daria Jalali, was originally reassigned. "Ready for the pop?" Body camera footage from Hopp showed him approaching Garner as she walked home. Jalali previously worked for the Lafayette Police Department and volunteered with the Weld County Sheriffs Office mounted posse. TWO Colorado cops whose recorded violent arrest last year of a dementia-stricken elderly woman are now facing criminal charges. 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? That's how it works," Jalali says. Additionally, he said the department is mandating training around mental health conditions, specifically Alzheimers and dementia, and including the City Attorneys Office and Human Resources staffers on the review of use-of-force reports entered into the BlueTeam software suite. 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. For an optimal experience visit our site on another browser. The video shows both officers struggling with 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.