DENVER - Two former Loveland police officers face charges in relation to their arrest of 73-year-old Karen Garner last year. "We failed, and we are very sorry for that.". A statement from Walmart indicates that police were called only after Garner became "physical" with an associate. McLaughlin says there is no set timeframe to complete the investigation, but it is a priority for his office. A third officer involved in the forceful arrest of an elderly northern Colorado woman last year has resigned, the Loveland Police Department announced on Wednesday. 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. Ashe was not involved in the civil lawsuit filed by the Garner family. / CBS/AP. Phil Metzler and Daria Jalali. 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. 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. 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. > Video below was provided by Garner's lawyer, who edited in the verbatim and the commentary at the bottom of the screen. Garner's attorney released a video that she said shows the officers knew of her injuries and neglected to provide her with medical attention. That is when Hopp is seen grabbing Garner by the arm and forcefully taking her to the ground. We wish him the best in his new role, Loveland City Manager Steve Adams said. I found the video very difficult to watch.. The suit claims that the city should not have fired Ashe and asks for a jury trial. Philip Metzler, was also placed on administrative leave but was not among those who lost their jobs. A fourth officer, Sgt. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. 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. Hopp is seen in that video saying the arrest went "great" and commenting about the moment he dislocated Garner's shoulder. He said that the same administrative policies that all officers are required to follow require Ticer to issue a final written warning and said the department head, in this case the chief, shall consult with human resources on any such decision. 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 . It is a crime to help other people commit crimes, she said. The chief said the video of officers laughing about it does not represent the department. They resigned," Garner's attorney, Schielke said in a statement later Friday. The assault and attempt to influence a public servant are felony charges and the official misconduct charge is a misdemeanor. The video shows both officers struggling with Garner. Bodycams are my favorite thing to watch. 2021 CBS Interactive Inc. All Rights Reserved. (Warning: The content in this video is graphic and may be disturbing to some viewers.). "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.". Hopp responds by roughly taking Garner to the ground, handcuffing her and then forcing Garner to her feet. Were going to get informed as quickly as we can, and so is the community, he said. Ticer said there will be an internal affairs investigation handled by the city's human resources director. excessive force lawsuit that resulted in a $290,000 settlement by the city in January 2021. Phil Metzler, knew about the forceful arrest because he responded to the scene. The pop refers to something in the video, but its not clear what that is. 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. 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. 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. A little muddy. Surveillance video from a police station released Monday by Garner's lawyer shows Hopp, Jalali and Blackett watching Hopp's body camera footage as Garner is handcuffed to a bench in a holding cell a few feet away. Viewed separately, the body camera footage shows Hopp holding the handcuffed Garner facing away from him against the car. The city said Ashe violated three department policies and procedures:. A former Loveland police officer pleaded not guilty Thursday to charges alleging he assaulted a woman during an arrest in summer 2020, then downplayed his use of force in the arrest report. Schielke said because of the dementia, Garner forgot to pay for the items, which were retrieved by Walmart employees. but it can also be stressful. He then said that four police officers involved in the arrest have been placed on administrative leave, including Hopp, Tyler Blackett, Sgt. 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. For an optimal experience visit our site on another browser. Whether movers in Fort Collins are helping you Pamela Johnson is an award-winning journalist with two decades invested in the community of Loveland. 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. He questioned why council members were not told about the second video prior to it being released by Garners attorney. experienced, we hope that this sentence can bring some measure of justice to her and her family.". 9NEWS has not been able to obtain the raw video. 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. The charges for former officers Austin Hopp, 26, and Daria Jalali, 27, come after the 8th Judicial District Critical Incident Response Team (CIRT) completed its review of the violent arrest of Garner, who has dementia. Former officer Paul Ashe was fired Oct. 1 after being accused of violating Loveland Police Departments policy on accessing records, according to the lawsuit. 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. 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. I know theres a desire to talk in public there is, at this point, information that we just cant share that way, Adams said. "What you saw in the video, not the Loveland Police Department," Ticer said Friday in reaction to the surveillance video. Both Hopp and Jalali worked in previous law enforcement jobs before joining the Loveland Police Department. 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. The city of Loveland declined to comment for this article because of the pending litigation. 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. McLaughlin said in the statement that he will consider the officers' comments about the arrest, along with other evidence, in making his charging decision. The case was later dismissed. Blackett was not involved in Garner's arrest but assisted with booking her at the jail. May 5, 2022 / 4:00 PM Hopp first encountered Garner after being dispatched to a report of an attempted theft at a Loveland Walmart. "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.". The body camera footage can be heard but not seen on the police station video. ", The woman is then seen being pushed against the cop car as she once again screams, "I'm going home.". "We failed, and we are very sorry for that.". Former Loveland police officer Austin Hopp enters the courtroom for his preliminary hearing Thursday, August 19, 2021, at the Larimer County Justice Center. Blackett responds by saying, the bodycam show, as someone giggles. 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. Photo courtesy of Sarah Shielke and the Life and Liberty Law Office. It was discussed at every level of the process, including the actions Chief Ticer took once he was made aware of the situation.. I do not see the need for a town hall to ask questions that the city cant answer at that time.. 10:25 PM EDT, Wed April 28, 2021, Video shows police officers laugh at arrest footage of elderly woman. The footage came from a camera inside the Loveland Police Department and includes subtitles that havent been verified by NBC News. 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. This is not an excessive force case its torture in broad daylight, by multiple officers, including supervisors, Schielke said. I found the actions captured in this video deeply troubling and not reflective of the values of our organizations staff, he said. 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. The suit claims that Ashe was fired on that day for asking a records technician to do a search of reports involving Sgt. Metzler was placed on leave on April 27 and makes $2,362 a week, Loveland salary records show. 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. I just want justice for my mom.. 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.. Those actions, according to the suit, were determined to be a violation of department policy. Not what happened to our mother. Just over a month later, on Dec. 16, Ashe filed suit in district court. Former Loveland Police officers Austin Hopp and Daria Jalali are facing multiple criminal counts for their actions. We demand swift action now, he added. 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? 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 the officers watched the bodycam footage that showed Hopp holding Garner against a patrol car, Hopp said, "Ready for the pop?" ", Sgt. The altercation was captured on police body camera video and shared by Garner's attorney, Sarah Schielke. An audible pop is heard on the camera, something Hopp acknowledged hearing in footage later released by Loveland police. Previously, the Loveland Police Department had said one officer was placed on leave and two others were reassigned to administrative duties. 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. 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. Phillip Metzlers calls related to the arrest of Karen Garner in June 2020. Ashe claims the term "query" is not defined and vague in the department's policy, and is "susceptible to more than one meaning. Her lawyer, Sarah Schielke, said the officers dislocated Garner's shoulder, broke a bone in her arm and sprained her wrist. We are angry. Judge Joseph Dean Findley has a review of the lawsuit scheduled for 7 a.m. Feb. 25. The department has been under scrutiny since the forceful arrest of 73-year-old Karen Garner in 2020. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. 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. Three police officers involved in the rough arrest of a 73-year-old Colorado woman with dementia have resigned, officials said Friday. "I've been in law enforcement 32 years, and what I saw in there hurt me personally. 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.. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. 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.