Ashe was not involved in Garners arrest nor was he named in that lawsuit. 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 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. Former officer Daria Jalali also faces misdemeanor charges regardingher role in the arrest. More:Loveland police buy new body cameras, Tasers to enhance de-escalation, transparency efforts. Blackett was not involved in Garner's arrest but assisted with booking her at the jail. he asks. 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. We don't play this game. McLaughlin said in the statement that he will consider the officers' comments about the arrest, along with other evidence, in making his charging decision. Garner, who lives with dementia, allegedly tried to steal less than $15 worth of goods from Walmart. The arrest, captured on an officers body camera, repeatedly shows Garner saying, Im going home, to the arresting officer. 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. 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. They resigned," Garner's attorney, Schielke said in a statement later Friday. The lawsuit says Garner had attempted to leave a Walmart with less than $14 worth of items she forgot to purchase. Those officers no longer work for the department and their sergeant resigned but Ticer remained in place until now. Other agencies including the US Attorneys Office for the District of Colorado and the FBI will assist in the investigation, according to a statement from McLaughlins office. Blackett responds by saying, the bodycam show, as someone giggles. Applicants are strongly encouraged to review the LPD Hiring Disqualifier Policy and other requirements prior to submitting an application. 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. This footage has been edited by the law firm representing Garner. 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. Phil Metzler and Daria Jalali. 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. 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. She covers education, county government, environmental issues, outdoor recreation and whatever else she finds along the way. In Larimer County Court in early March, Hopp pleaded guilty to an assault charge that was punishable by 2 to 8 years in prison. Phil Metzler, knew about the forceful arrest because he responded to the scene. ", About 30 seconds later, Garner began to slump toward the ground. Ashe claims the term "query" is not defined and vague in the department's policy, and is "susceptible to more than one meaning. He graduated from the University of Colorado Boulder in 2018. Former Loveland Police officers Austin Hopp and Daria Jalali are facing multiple criminal counts for their actions. She then confirmed the blood belongs to Garner. Garner's family felt the video in the case proved Hopp was guilty on all counts beyond a reasonable doubt. Both were arrested and charged with crimes related to Garner's arrest. 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. 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 . (Warning: The content in this video is graphic and may be disturbing to some viewers.). According to a YouTube transcription of the video, Hopp then asks, Are you ready for the pop? as Jalali covers her ears. Minyvonne Burke. Are you finished? 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. 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. Jared Polis signed a sweeping police reform bill into law. 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. 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. 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. Cold case: Who murdered this man on Lookout Mountain? We are pursuing every option to swiftly address concerns raised through the lawsuit and the corresponding video footage, said Loveland City Manager Steve Adams. In the video, Hopp gives Jalali a fist bump when asked how the arrest went. 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. Garner has now filed a federal lawsuit against theLoveland Police Department (LPD). "A little bloody. Footage from the video was shot in the Loveland Police Departments booking area shortly after Garners arrest. Ramsey house in Boulder listed for sale for almost $7M, New breakfast spot serving up egg dishes in downtown Loveland, Future Legends receives liquor, entertainment license, Loveland adds new downtown festival this summer, Woods market to locate large grocery in Johnstown, In-N-Out closes on property for Loveland restaurant in Centerra, NoCo airport to decommission 4 hangars, displacing 47 planes, Winning designs for Colorados 150th-anniversary license plates revealed, As Adderall shortage continues, DEA plans to limit some telemedicine prescriptions, House where JonBenet Ramsey was found dead listed for sale for almost $7M, Columbia University permanently drops SAT, ACT admissions requirement, The Waterbed Doctor: California retailer lays claim to retro bed with nearly 40 years of service, sales, Felonious Florida podcast: Missing teenage girl leads to several cases of child sex trafficking, Do Not Sell/Share My Personal Information. In his use-of-force report filed after the arrest, Hopp said Garner was asked several times if she wanted medical attention and she either would not answer or start(ed) talking about something else, Hopps arrest affidavit states. Another investigation will look at the departments policies and procedures as a whole and recommend changes. 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. 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. 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. Use caution in this area. Schielke said Garner was walking home when she was stopped by Hopp on suspicion of stealing $13.88 worth of items from a Walmart. A statement from Walmart indicates that police were called only after Garner became "physical" with an associate. Karen Garner was arrested last June for walking out of a Walmart with $13.88 worth of items, according to a lawsuit filed Sunday. Were going to get informed as quickly as we can, and so is the community, he said. He then said that four police officers involved in the arrest have been placed on administrative leave, including Hopp, Tyler Blackett, Sgt. During the press conference, Ticer didn't specify whether the officers resigned or were fired. Why are only two officers charged?. The video shows both officers struggling with Garner. "What you saw in the video, not the Loveland Police Department," Ticer said Friday in reaction to the surveillance video. > Below: Body camera footage shows the arrest of the 73-year-old. Just over a month later, on Dec. 16, Ashe filed suit in district court. The statements on the videos are very concerning, said District Attorney Gordon McLaughlin. 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,. Former Loveland police officer Austin Hopp enters the courtroom for his preliminary hearing Thursday, August 19, 2021, at the Larimer County Justice Center. 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. "What you saw on the video was not the Loveland Police Department. 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? 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. That's how it works," Jalali says. 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. appreciated. Samson received the support of Mayor Jacki Marsh and councilors Ball and Molloy for the council to discuss creating a citizen board to oversee law enforcement activities. The body camera video shows Hopp ask Garner to stop. "Hear the pop?". While this will not change the terrible treatment Ms. Garner Sometimes our job is just to listen, Samson replied. Our hearts could not possibly ache any more, the statement read. Phillip Metzler. The assault and attempt to influence a public servant are felony charges and the official misconduct charge is a misdemeanor. While councilor John Fogle asked Adams whether the city could share a timeframe of when more information would be released, Adams said the city wants to communicate more frequently but is limited by the timeframe of Fort Collins Police Services investigation on behalf of the 8th Judicial District Attorneys Office. 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. Thank you for your interest in the Loveland Police Department. 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 fired after he allegedly asked a records division technician to search for records pertaining to Sgt. Adams said he had shared all he could about the ongoing lawsuit. Photo courtesy of Sarah Shielke and the Life and Liberty Law Office. 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. 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. 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.. After a brief investigation, Hopp resigned from the Loveland Police Department, as did Jalali. We have elected each of you to serve us. ", More:Fort Collins man sues Loveland police officer, alleges wrongful DUI arrest. Bodycams are my favorite thing to watch. Bruno did not know if the officers have retained separate legal counsel. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. 2023 CBS Broadcasting Inc. All Rights Reserved. Loveland Police Department Interim Chief Eric Stewart has issued the following statement regarding the sentencing of former police officer Austin Hopp: "The Loveland Police Department is grateful for the District Attorney's diligence and pursuit of due process during this very important case. Jalali, who recently arrived, said, "Stand up! The footage came from a camera inside the Loveland Police Department and includes subtitles that havent been verified by NBC News. 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. I will consider those statements along with all relevant evidence compiled by the (Critical Incident Response Team) in making a charging decision.. 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. suggesting he was aware that he had injured her. A prosecutor in the Eighth Judicial District Attorneys Office reviewed the body camera footage of the arrest months prior to the lawsuit as part of the criminal case filed against Garner, McLaughlin said Wednesday in response to a reporters question. Some of the officers named in the lawsuit have also retained the Fraternal Order of Police for additional legal representation, she said. "We failed, and we are very sorry for that.". 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. Garner has dementia and sensory aphasia, which impairs her ability to verbally communicate with people or understand others' communications. We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. as Hopp yanks her arm behind her back and orders her to stay "on the ground". "The longer trauma is not addressed, the more it gets almost cemented into who the person is and what their reactions are," Fanning said. The Moving can be an exciting experience. Metzler and three other Loveland officers involved in Garners arrest are no longer with the department. City officials could not be reached Friday to confirm the date his employment ended. Thats when another video clip showed the uniformed duo snickering and fist-bumping as they watched Hopps bodycam video of the bust. The city said Ashe violated three department policies and procedures:. It's unclear why Metzler and Hill were not among those no longer with the department. Austin Hopp Daria. The Loveland Police Department was hit with many negative headlines related to the rough arrest of Karen Garner, a 73-year-old suffering from dementia who's only five feet tall and weighs. As for the Loveland community, we will build upon recent progress in strengthening trust in our police department. RELATED: Loveland Police to require training by Alzheimer's Association after excessive force allegation, SUGGESTED VIDEOS:Investigations from 9Wants to Know. 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. 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. Loveland PD employs 115 sworn officers and 60 professional staff. 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.