She remained in that cell for two and a half hours, the lawsuit states, until she was taken to a hospital. Viewed separately, the body camera footage shows Hopp holding the handcuffed Garner facing away from him against the car. "It's a really important thing for everyone to know that this is now a criminal investigation," said Hacker. We accept and fully understand the district attorneys decision to pursue criminal charges against these individuals and we will continue to cooperate with this investigation.. Loveland Police Chief Robert Ticer said at a news conference Friday that Hopp, Blackett and Jalali "are no longer employed" with the department but declined to specify whether they resigned. 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. 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.. Garner has dementia and sensory aphasia, which impairs her ability to verbally communicate with people or understand others' communications. 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. 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. Since learning of the lawsuit and allegations in it earlier this month, LPD said they'd begun an investigation that will include "an examination of all images, documents and records" compiled in connection with the incident. 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. When confronted by Walmart staff she returned the items and walked out of the store. Loveland, Colo., Police Department It's been nearly a year since police officers in Loveland, Colo., injured an older woman with dementia and then laughed at the footage of her arrest.. 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. Detectives with the Fort Collins Police Department led the investigation and reviewed videos, phone calls and hundreds of pages of reports, and interviewed more than 20 people, Fort Collins police Chief Jeff Swoboda said. An. Former officer Paul Ashe was fired Oct. 1 after being accused of violating Loveland Police Departments policy on accessing records, according to the lawsuit. The case was later dismissed. The incident occurred in 2020 but a lawsuit wasnt filed until last year. The majority of police officers at the Loveland Police Department have now gone through. 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. 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. TWO Colorado cops whose recorded violent arrest last year of a dementia-stricken elderly woman are now facing criminal charges. 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. The arrest, captured on an officers body camera, repeatedly shows Garner saying, Im going home, to the arresting officer. The city launched an independent internal investigation into Garners arrest and an independent assessment of the departments policies, culture and procedures. This footage has been edited by the law firm representing Garner. Ticer said Wednesday that he did not become aware of the arrest until the day Schielke filed the lawsuit. 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 hope you will find useful information in the links on the left. 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. In the video, Hopp gives Jalali a fist bump when asked how the arrest went. 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. During most of the meeting, the police department shared details about its co-responder program, which began in 2016. 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. I found the video very difficult to watch.. That avoided the minimum 10 to 30 or more years in prison he would have faced had there been a trial and a conviction. the violent arrest of a 73-year-old woman. I just want justice for my mom.. Garner is then seen collapsing to the ground as Jalali tells her: "Stand up, we're going to hold you. As the officers watched the bodycam footage that showed Hopp holding Garner against a patrol car, Hopp said, "Ready for the pop?" At least one supervising officer, Sgt. "What you saw in the video, not the Loveland Police Department," Ticer said Friday in reaction to the surveillance video. 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. 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. Hopp tells the sergeant the blood is Garner's. Ticer did not confirm whether the three were fired or resigned. ", A concerned passerby is then heard off-camera pulling over and calling out to the cops: "Do you have to use that much aggression? Metzler was placed on leave on April 27 and makes $2,362 a week, Loveland salary records show. I will consider those statements along with all relevant evidence compiled by the (Critical Incident Response Team) in making a charging decision.. Use caution in this area. A statement from Walmart indicates that police were called only after Garner became "physical" with an associate. 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. City officials could not be reached Friday to confirm the date his employment ended. 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. After serving on the LPD for nearly six years, Bob Ticer is leaving to take the position as chief of the Prescott Valley Police Department in Arizona. House votes to create January 6 Commission to investigate Capitol riot - but Senate GOP set to scupper 'biased' probe, Loveland Police Chief Robert Ticer repeated twice during a press conference on Wednesday, resigned from the Loveland Police Department in Colorado when a federal lawsuit was filed last month. Hopp responds by roughly taking Garner to the ground, handcuffing her and then forcing Garner to her feet. ", Jalali appeared to ruefully brush off the dustup: "A little muddy, a little bloody, that's how it works.". / CBS/AP. Another investigation will look at the departments policies and procedures as a whole and recommend changes. 2. Cant take statins? 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. ", About 30 seconds later, Garner began to slump toward the ground. Did you encounter any technical issues? Schielke told 9Wants to Know that the new video shows a Blue Team report (which alerts LPD and creates an official record that force was used or an injury occurred) was made by the officers through their chain of command. Garner was wrestled to the ground within 30 seconds of a police officer exiting his patrol car. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. 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. The city has not said when the completed internal investigation into Garners arrest will be released to the public. ", First published on April 30, 2021 / 2:58 PM. 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. 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.. This is not an excessive force case its torture in broad daylight, by multiple officers, including supervisors, Schielke said. While this will not change the terrible treatment Ms. Garner 2023 CBS Broadcasting Inc. All Rights Reserved. A violent snapping sound can be heard when Hopp assists and pushes Garners arm as she shrieks in pain. 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 that I am most grateful and proud of. 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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. 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. "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 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. 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. 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. 9NEWS has not been able to obtain the raw video. She hasnt smiled since then, Steward said. Bodycams are my favorite thing to watch. But Hopps affidavit shows that Hopp did file a report. 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. CNN Sans & 2016 Cable News Network. 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? McLaughlin says there is no set timeframe to complete the investigation, but it is a priority for his office. We demand swift action now, he added. 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. 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. The city said Ashe violated three department policies and procedures:. 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. Schielke said Garner was walking home when she was stopped by Hopp on suspicion of stealing $13.88 worth of items from a Walmart. I do not see the need for a town hall to ask questions that the city cant answer at that time.. Austin Hopp Daria. "Hear the pop?". Footage from the video was shot in the Loveland Police Departments booking area shortly after Garners arrest. The pop refers to something in the video, but its not clear what that is. I could watch livestream bodycams all day, Jalali says. 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. The other officer involved in the arrest, Daria Jalali, was originally reassigned. Officers shown on video fist bumping while having discussions about the arrest of Karen Garner on June 26, 2020. Schielke said because of the dementia, Garner forgot to pay for the items, which were retrieved by Walmart employees. 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. 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. The city attorney will review all use-of-force cases in the future, he said. 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. Who is Quintin Jones and why is he on death row? We wish him the best in his new role, Loveland City Manager Steve Adams said. Some of the officers named in the lawsuit have also retained the Fraternal Order of Police for additional legal representation, she said. 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. 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.. Ashe was fired after he allegedly asked a records division technician to search for records pertaining to Sgt. Denver Post reporter Sam Tabachnik contributed to this report. This philosophy allowed our agency, working together with the community, to significantly decrease crimes and traffic crashes in Loveland, which was a top priority. Councilor Rob Molloy, who had previously tried to schedule a closed-door performance review of Adams and City Attorney Moses Garcia, slammed the citys management of the crisis. 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 suit claims that the city should not have fired Ashe and asks for a jury trial. The city of Loveland has. Loveland PD employs 115 sworn officers and 60 professional staff. It's unclear why Metzler and Hill were not among those no longer with the department. Hopp was hit with assault, attempting to influence a public servant and official misconduct. ", More:Fort Collins man sues Loveland police officer, alleges wrongful DUI arrest. The Associated Press contributed to this report. She covers education, county government, environmental issues, outdoor recreation and whatever else she finds along the way. April 30, 2021 / 2:58 PM Ticer said it "hurt" to see the video of Garner's arrest. suggesting he was aware that he had injured her. 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