Copyright 2023 CBS Interactive Inc. All rights reserved. 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. Not what happened to our mother. But Hopps affidavit shows that Hopp did file a report. 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. 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. 2. 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. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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. Ticer said Wednesday that he did not become aware of the arrest until the day Schielke filed the lawsuit. The incident. 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. 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. / CBS Colorado. Carrying a wildflower in her hand, she failed to comply to multiple orders to stop. (Warning: The content in this video is graphic and may be disturbing to some viewers.). These concerns and future actions include mandatory training on interacting with mentally ill citizens and mandatory training on recognizing Alzheimers and dementia in citizens.. 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. "What you saw on the video was not the Loveland Police Department. ", Sgt. We are pursuing every option to swiftly address concerns raised through the lawsuit and the corresponding video footage, said Loveland City Manager Steve Adams. The Town of Prescott Valley community relations coordinator told FOX31, During every step of the extensive interview and hiring process, Chief Ticer was forthcoming and fully disclosed everything that happened regarding this incident. An initial lawsuit was filed on April 14, but the new amended suit filed Sunday names the city of Loveland and five officers as defendants. She then confirmed the blood belongs to Garner. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Schielke said Garner was walking home when she was stopped by Hopp on suspicion of stealing $13.88 worth of items from a Walmart. 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 other officer involved in the arrest, Daria Jalali, was originally reassigned. Minyvonne Burkeis a senior breaking news reporter for NBC News. While this will not change the terrible treatment Ms. Garner 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. Former officer Daria Jalali also faces misdemeanor charges regardingher role in the arrest. Loveland Police Department is an equal opportunity employer. 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. In the video, Hopp gives Jalali a fist bump when asked how the arrest went. 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. 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. Its time for action., Body cam video shows arrest of Colorado woman with dementia. "That is not the Loveland Police Department," he said. 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 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. 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Sometimes our job is just to listen, Samson replied. Schielke said because of the dementia, Garner forgot to pay for the items, which were retrieved by Walmart employees. 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. 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. In a statement, Schielke said the new video evidence reveals an LPD sergeant knew Garner was injured and authorized the two other officers to keep her in a cell without medical evaluation or treatment. At least one supervising officer, Sgt. The statements on the videos are very concerning, said District Attorney Gordon McLaughlin. 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. 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. We're not going to hold you. LOVELAND, Colo. On Tuesday, the Loveland city manager announced four officers are now on administrative leave following the forcible arrest of Karen Garner. 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. 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. Two co-responders help Loveland police officers on calls related to mental health. Ashe claims the term "query" is not defined and vague in the department's policy, and is "susceptible to more than one meaning. 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. During an open public comment period, callers who spoke on the issue were unilaterally critical of the police department. RELATED: Loveland Police to require training by Alzheimer's Association after excessive force allegation, SUGGESTED VIDEOS:Investigations from 9Wants to Know. Footage from the video was shot in the Loveland Police Departments booking area shortly after Garners arrest. 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. The altercation was captured on police body camera video and shared by Garner's attorney, Sarah Schielke. Show Transcript. 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. The body camera footage can be heard but not seen on the police station video. (Jenny Sparks/Loveland Reporter-Herald), Austin Hopp and Daria Jalali (credit: Larimer County). 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. She shrugs her shoulders and keeps walking. A little muddy. the violent arrest of a 73-year-old woman. Previously, the Loveland Police Department had said one officer was placed on leave and two others were reassigned to administrative duties. A Loveland law office has filed a federal civil rights lawsuit against the Loveland Police Department and the officers involved in Garner's arrest after it allegedly caused a fractured. Hopp responds by roughly taking Garner to the ground, handcuffing her and then forcing Garner to her feet. Soon after the lawsuit was filed, Ticer showed contrition. "It is clear that the only thing that has 'hurt him personally' has been the attention this case has brought to his department. 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. 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 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. TWO Colorado cops whose recorded violent arrest last year of a dementia-stricken elderly woman are now facing criminal charges. When confronted by Walmart staff she returned the items and walked out of the store. 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. 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. Garner was taken to an intake holding facility at Loveland Police Department where she complained multiple times about having injuries. 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. An. It hurt to see that," he added. 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. 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. More:Loveland police buy new body cameras, Tasers to enhance de-escalation, transparency efforts. Austin Hopp, 26, pleaded not guilty to all three charges in connection with the arrest of now 74-year-old Karen Garner who has dementia in June 2020. 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. CNN Sans & 2016 Cable News Network. Garner's attorney released a video that she said shows the officers knew of her injuries and neglected to provide her with medical attention. Metzler was placed on leave on April 27 and makes $2,362 a week, Loveland salary records show. 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. Phil Metzler and Daria Jalali. This footage has been edited by the law firm representing Garner. Hopp is facing felony charges for his . The city said Ashe violated three department policies and procedures:. He did not immediately provide the name of the lawyers hired by the city. Thank you for your interest in the Loveland Police Department. Karen Garner was arrested last June for walking out of a Walmart with $13.88 worth of items, according to a lawsuit filed Sunday. 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.. The police have known about this for 10 months and the videos speak for themselves. 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. Schielke said her client did not stop when Hopp asked because she did not understand him. CNN has contacted the Fraternal Order of Police numerous times and has not heard back. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Discovery Company. Hopp tells the sergeant the blood is Garner's. The investigation will be led by Fort Collins Police Services. Officers shown on video fist bumping while having discussions about the arrest of Karen Garner on June 26, 2020. We have elected each of you to serve us. Phillip Metzler. 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. At least 12 dead after winter storm slams South, Midwest, The Saturday Six: Dental device controversy, scientist's bug find and more, Indonesia fuel depot fire kills 18; more than a dozen missing, 3 children killed, 2 others wounded at Texas home, Man charged for alleged involvement in 2 transformer explosions, Nikki Haley slams potential GOP contenders, and Trump and George W. Bush, Duo of 81-year-old women plan to see the world in 80 days, Tom Sizemore, actor known for "Saving Private Ryan" and "Heat," dies at 61, Alex Murdaugh trial: What to know about the double murder case, Video shows officers laughing at footage of violent arrest of 73-year-old woman with dementia, NTSB to investigate in-flight turbulence that left 1 passenger dead, Pittsburgh woman missing for 31 years found alive in Puerto Rico. 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 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. The suit claims that Ashe was fired on that day for asking a records technician to do a search of reports involving Sgt. 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 third officer involved in the forceful arrest of an elderly northern Colorado woman last year has resigned, the Loveland Police Department announced on Wednesday. Living at Kimberly Court can seem like living in the most convenient location in Boulder. 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. Alert Desk Curator. city settled a civil lawsuit with Garners family for $3 million. The city of Loveland has. LOVELAND, Ohio . "We failed, and we are very sorry for that.". Garner's daughter, Allisa Swartz, spoke about the arrest with 9Wants to Know reporter Matt Jablow. The lawsuit says that Garner "was bleeding from the nose, forehead, and wrist, all over herself.". 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. he asks. 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. Who is Quintin Jones and why is he on death row? She covers education, county government, environmental issues, outdoor recreation and whatever else she finds along the way. Judge Joseph Dean Findley has a review of the lawsuit scheduled for 7 a.m. Feb. 25. Viewed separately, the body camera footage shows Hopp holding the handcuffed Garner facing away from him against the car. Applications are accepted whenever there is an active job announcement posted. ", "It hurt to see that," Ticer said Friday in reaction to the bodycam video. ", The woman is then seen being pushed against the cop car as she once again screams, "I'm going home.". City of Loveland via YouTube/ lovgov.org On September 7, the City. > Video below was provided by Garner's lawyer, who edited in the verbatim and the commentary at the bottom of the screen. During most of the meeting, the police department shared details about its co-responder program, which began in 2016. 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. 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. Adams said he had shared all he could about the ongoing lawsuit. I want to extend my deep appreciation to Chief Ticer for his nearly six years of leadership, stewardship, and vision for Loveland. I just want justice for my mom.. 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. Blackett was not involved in Garner's arrest but assisted with booking her at the jail. The video shows both officers struggling with Garner. 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. After a brief investigation, Hopp resigned from the Loveland Police Department, as did Jalali. 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.