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. 2023 www.coloradoan.com. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. The report said Officer Paul Ashe asked a witness what happened, and the witness told him where the motorcycle was and said he had helped pull the motorcycle off the rider. He began to place handcuffs on her, which were too large for the 14-year-olds small wrists, making it easy to slip out of, Ms. Schielke said. He called them back, and officers came back to his home while he was outside working on his daughters bike. That complaint, which only named Loveland and Gates as defendants, alleged three claims in connection to the arrest two years ago: unlawful arrest without probable cause, arrest without probable. I'm not talking to nobody.". Don't Threaten. The suit also claims Sychla falsified and exaggerated facts in the police report involving Siers. Arrest of Colorado 14-Year-Old Over a Slap Prompts Excessive-Force Suit The vast majority of cases named in the complaint also say the charges were dismissed. Both the Garner and Sowl cases were brought to light through Schielke and the Life and Liberty Law Office. The girl left on her bike, at which time the officers started calling the numbers of the girl and her father, and eventually went to their house to try to find them after calling for backup officers. Body camera footage then shows an officer yanking Skippys collar and pulling him off the ground as Mr. Siers yells, Dont choke my dog!, Im not choking, the officer says. Reach him at afleskes@prairiemountainmedia.com or on Twitter @Austinfleskes07. I am confident that a thorough and impartial process was undertaken and appreciate the time and attention spent to review this matter, Adams said in the news release. "The settlement ends the continuation of lengthy and expensive litigation, and resolution is deemed to be in the best interest of all parties,"Schielke said in the release. They treat animals like trash. According to the suit, the event caused emotional and physical trauma to not only Siers and S.S. but also Skippy. ), First published on January 27, 2021 / 4:46 PM. Create new account | My Profile | My Account | My Bookmarks | My Inbox | Help | Log in, Back to top Alert Link here In an image taken from police body camera video, a 14-year-old girl is arrested at her home in Loveland, Colo., in 2020. When Siers tries to move around Sychla in the video an action he says was to deal with the dogs Sychla can be seen pushing Siers back. The official filing of the amended complaint comes quickly after the LPD announced that it would be launching an outside, professional review of its DUI enforcement program; Schielke said she had informed the department of the amended complaint two weeks ago. This is not a bad apples event, it is the whole tree.. While both Siers and S.S. can be heard screaming to not choke my dog, Sychla responds by saying he is a K-9 officer. "Accordingly, Plaintiffs illegal arrest claim is barred by Heck.". Officer Paul Ashe detained Preston Sowl after Sowl refused to answer his questions about a motorcycle crash Sowl witnessed outside a Loveland bar Sept. 22, 2019. The next thing Talmadge recalled was being at the hospital. The release added the findings from this review will be made public when the investigation is completed. Siers had his two dogs outside on leashes at the home, according to the suit. Schielke filed a 52-page lawsuit Wednesday accusing Officer Hopp, Officer Daria Jalali, Sgt. Mr. Siers and his lawyer said they would not accept a settlement and expected to take the case to a jury. She said, at the time, her records requests were not being fulfilled quickly enough to file before time ran out. All Rights Reserved. At the Safeway parking lot, Officers Wood and Dunlap were collecting witness statements and asking the boy to fill out a form describing the slap, the lawsuit states. I was helpless. Sowl's arrest was captured on body camera footage. The back-to-back violent arrests point to a toxic cultural problem that cant be resolved by cherry-picking off the officer, Ms. Schielke said. According to the lawsuit, the girl had confronted an 18-year-old she had been dating in the parking lot of a Safeway over him allegedly cheating on her with another girl or woman. By: Colette Bordelon Posted at 7:17 PM, Mar 31, 2022 and last updated 6:17 PM, Mar 31, 2022 Loveland to pay $3 million to settle lawsuit from violent arrest of 73-year-old with dementia Julia Cardi julia.cardi@gazette.com On Wednesday evening, the Lakewood Police Department said it was aware of the lawsuit. As Siers continued to try to get the dog, Sychla failed to put Siers into an arm hold and pushed him to the ground, then pushed him again, the suit says. Notifications from this discussion will be disabled. Watching what they do to this family on this video has to be unsettling and terrifying for any parent in this town because there is no common sense utilized and there is no interest in the damage being inflicted to, here, a juvenile.. The citys statement that it was hiring the consulting firm came after attorney Sarah Schielke filed a lawsuit against the city over the ordeal involving the girl, her father and their dog. Keep it Clean. A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint claims. After asking if Hall wanted to press charges, telling him he would need to fill out some information in a packet, Hall said he would rather just pass., The suit claims that despite Halls decision to not press charges, Dunlap decided to use the slap as a chance for Officer Wood to get more experience practicing a domestic violence arrest.. You can be in the know right alongside Colorados political insiders. The video also encourages viewers to contact the city of Loveland and let them know your thoughts on their amazing police department!, The theme across all these assaults is that this is a police department that has no concept of what community safety actually means and entails, Schielke told the Reporter-Herald. Mr. Siers then asked the officers to stop, saying she was just a child. MORE COVERAGE:NISP opponents sue Larimer County commissioners over permit approval. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. Schielke said she filed Elias original complaint quickly as to avoid the statute of limitations closing. The release did not state what disciplinary or corrective action would be taken as a result of this internal investigation, just that any disciplinary actions would be taken in accordance with the conclusion and outcome of the IA., More:Colorado Supreme Court ruling makes more police internal investigations accessible. that is degrading to another person. City of Loveland via YouTube/ lovgov.org On September 7, the City. The incidents were initially reviewed and deemed appropriate at the time of the event, but the city is taking a second outside look at the incident in our efforts to ensure we are policing in a respectful and proper manner, City Manager Steve Adams said in the release. She was on her period that day and felt scared by the thought of bleeding all over a police car or jail cell, the lawsuit states. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. A consulting firm that the city of Loveland brought in to assess the Loveland Police Department last year amid several lawsuits filed over officers use of force in different cases is coming in to look at another case in which LPD officers are alleged to have used excessive force against a man, his teenage daughter, and their dog. While S.S. tried to pull away from Wood and Dunlap, the suit claims, the officers violently assaulted her as they tried to get her in handcuffs, including slamming her body and limbs onto the concrete and against the brick wall while pushing their bodiesagainst her back. Loveland City Manager Steve Adams said the city was also releasing its own video from the ordeal and that while the city initially reviewed and deemed appropriate at the time the actions of the officers, but was now taking a second outside look at the incident in our efforts to ensure we are policing in a respectful and proper manner., As we move forward on our accountability efforts launched in 2021, best practices in law enforcement will be maintained and we are committed to accountability if those standards are not upheld.. Get an email notification whenever someone contributes to the discussion. Colorado city to pay $3 million to elderly woman with dementia injured Were stuck on Groundhog Day, basically, she said. Motorcycles can be very heavy and can cause severe damage even when just tipping over while stopped. After going through roadside tests Hill arrested Dutka and took her for a blood test. Garner's arrest drew national attention after body camera footage released by her family's lawyer showed former Loveland Police Department officer Austin Hopp forcibly detain the then. Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. The suit claims that once S.S. admitted to the slap, Wood, without warning, put his hands on her to begin an arrest by starting to put handcuffs on her, stating she was under arrest for assault. Victim Receives $290K Settlement | The Bexar County Jail When S.S. admitted to them that she had slapped the boy, Officer Wood said that she was under arrest, the lawsuit states. Steve Adams, the city manager in Loveland, said in a statement that while the incidents were initially reviewed and deemed appropriate at the time of the event, he would open a second review of the arrest by an independent law enforcement and public safety consulting firm. That complaint, which only named Loveland and Gates as defendants, alleged three claims in connection to the arrest two years ago: unlawful arrest without probable cause, arrest without probable cause violating the Colorado constitution Article II Section 7 and malicious prosecution under the Fourth Amendment. According to a release from the city, Ashe violated three LPD policies and procedures: Tice recommended a written warning and more training for the officer, according to the memo. Something like "Redefine the Police" might have been better. 9NEWS is not naming the witness because he is not being accused of a crime. Emergency medical personnel arrived, along with police officers from the Loveland Police Department. "Force is not reasonable when a suspect is non-violent, not resisting, not fleeing, or poses no threat.". You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. The city of Loveland said Schielke had requested a settlement with the city more than a month ago and had given the city a four-day window to pay the settlement lest she release body camera video from the incident. She added that while she is focusing on the LPD with this lawsuit, as it pertains to this specific department, she has heard from other attorneys that this is a problem across the country. Although Christopher Talmadge claimed that he was nonviolent and "minding his own business" when police reportedly slammed his head into his driveway, the city pointed to an affidavit the night of Talmadge's arrest indicating that he had assaulted his roommate and resisted officers. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. After grabbing witness statements from people in the area, including a statement from Hall where he said the incident did not cause him physical pain, the officers attempted to call S.S. and Siers to no success. We hope you will find useful information in the links on the left. Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. but it can also be stressful. Loveland Police officers sued after arrest of teen, tasing of father Mr. Siers said his daughter had nightmares for months. In their motion to dismiss, the defendants submitted a police affidavit in support of Talmadge's arrest from July 6. Sady Swanson covers public safety, K-12 education and more throughout Northern Colorado. Man sues Loveland Police Department alleging excessive force While the witness was being uncooperative, the IA (internal affairs) reports that there was not probable cause to arrest Sowl, aFriday news release from the city of Loveland stated. Get on the ground, an officer yells, pointing a Taser at Mr. Siers and then firing it. She pretty much sticks to herself, stays at home, stays out of trouble, he said. Loveland is not a safe place for grandparents. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. The complaint also touches on results from the Jensen Hughes report that came out following the release of information on the 2020 arrest of Karen Garner, specifically what investigators heard in regard to the departments Data Driven Approach to Crime and Traffic Safety methods. DENVER A consulting firm that the city of Loveland brought in to assess the Loveland Police Department last year amid several lawsuits filed over officers use of force in different cases is coming in to look at another case in which LPD officers are alleged to have used excessive force against a man, his teenage daughter, and their dog. When they discovered that neither Siers nor his daughter were home, they left. In police station surveillance video released on Monday by an attorney for Karen Garner's family, three Loveland police officers can be seen reviewing body-cam film of the arrest - footage. or anything. Loveland officer involved in Karen Garner case resigns - FOX31 Denver Loveland police officer violated policy in arrest of motorcycle crash Brian Bartnes. When the arrest begins, Siers can be seen in the video yelling at Sychla and the other officers that they cant arrest his daughter; all the while the familys two dogs can be heard barking continuously in the background. He also added that Skippy had bitten one of the officers involved. Officers Dunlap and Wood the suit claims Dunlap was field-training Wood at the time responded to the scene where they located and interviewed Hall. But the fact that it doesnt tells the whole story. The Loveland Police Department has also suspended Officer Austin Hopp, who initially handcuffed Garner; two others who were on the scene, Officer Daria Jalali and Sgt. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. As we move forward on our accountability efforts launched in 2021, best practices in law enforcement will be maintained and we are committed to accountability if those standards are not upheld.. LOVELAND, Colo. (AP) - An excessive force lawsuit filed against the city of Loveland and four of its police officers has been settled for $290,000. Berlin germany police motorcycles Stock Photos and Images - Alamy The suit says the girl suffered cuts, scrapes, bruises and a concussion during the ordeal. The lawsuit says the girl, Siers and the dog have all suffered since the ordeal that day and that the dog has become extremely aggressive with every stranger.. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. I feel that there needs to be a change in law enforcement, Mr. Siers said. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. Please avoid obscene, vulgar, lewd, She said that without someone standing up to call out the pattern of violent conduct and complete disrespect for this community, nothing is going to change. Ashe detained Sowl for not answering his questions, twisting his arm behind his back and pushing his face into the ground. Its uncommon for the city to share information about internal investigations publicly, city manager Steve Adams said in the news release, but the city chose to in this instance to increase transparency. In that video, Sychla can be heard explaining to Siers why he used force, explaining he wasnt sure what the Siers intentions were. https://www.reporterherald.com/2020/06/22/man-sues-loveland-police-department-alleging-excessive-force/?fbclid=IwAR1nA4PCQglIk6_WZnOrE2Hy6S3zGZ5L5-sxQFW2_D4aHA1QedY48JlaYu0, https://pmatep5f7b.execute-api.us-east-1.amazonaws.com/ProdStage. He told her they were not in a relationship, according to the suit, and the girl got upset and slapped him. 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. Sowl was cited with obstructing a peace officer and resisting arrest, but the charges were later dropped. 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Thank you for visiting. As a subscriber, you have 10 gift articles to give each month. The Loveland Police Department is facing another excessive use of force lawsuit after the release of information and footage of a 2020 arrest of a man and his then-14-year-old daughter as well as the treatment of one of their family dogs. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. Four officers were there in total, the lawsuit states. Last year, the city of Loveland paid a $3 million settlement to the woman, Karen Garner. This material may not be published, broadcast, rewritten, or redistributed. The familys small white dog, Skippy, began to bark at the officers in a show of protection, the lawsuit states, prompting Mr. Siers to tell the officers that he was going to get his dog so he wouldnt bite them. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. Police. View this page in Standard (full site) format. Excess Force Suit Against Loveland Police Settled For $290,000 - CBS News The charges against them were eventually dismissed, Ms. Schielke said. During this, the suit claims, S.S. began screaming while suffering from a panic attack. According to the report of an internal affair, the Loveland Police Department (LPD) responded to a report of a motorcycle crash that turned out to be a rider who had lost his balance while stopped. 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. Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorneys Office dismissed the charges, according to the lawsuit. The lawsuit alleged officers violated Sowl's constitutional rights when they arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22, 2019. They have used this funding to buy themselves more equipment and hire more officers. Loveland police face excessive force lawsuit for 2020 arrest of father Nicole Yost, a spokeswoman for the city of Loveland, said she did not know who was representing the officers. The city did not pay the demanded amount and the attorney subsequently released an edited version of the body-camera video to the public, the city said in a news release. To always use Standard format on my mobile device: Go to My Account, About | Copyright | Privacy | Terms of service | Contact. PLEASE TURN OFF YOUR CAPS LOCK. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. Karen Garner video: Colorado prosecutors launch criminal probe into I'm not talking to nobody.". Siers then can be seen complying with Sychla as he handcuffs him, but asks him to put the dogs away, stating he doesnt want the officers to shoot them. They had yelled at each other, which caused someone to call the police, according to the lawsuit. The first roughly 21 pages share Elias story of his arrest the night of Jan. 4, 2020. Loveland Police Officer Resorts to Excessive Force The city said the findings of the latest review will be made public once it is complete. All rights reserved. The release by Loveland corroborated Schielkes claims, stating that more than a month ago an attorney representing the family involved made a request to settle the claims with a four-day time frame to pay for damages, which the city declined. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Police are strengthening their checks of motorcycles and mopeds at the start of spring. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. Get browser notifications for breaking news, live events, and exclusive reporting. The attorney representing Karen Garner and her family released a video Monday of officers discussing and joking about injuring Garner after her arrest. The lawsuit alleged officers violated Sowl's constitutional rights when they arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22, 2019. Updated: 4:50 PM MDT June 15, 2022 LOVELAND, Colo. The City of Loveland announced Wednesday the independent review of the 2020 arrest of a 14-year-old girl and tasing of her father after a. Woman with dementia sues city of Loveland, police officers - CNN Be Truthful. Loveland resident Pretson Sowl filed the lawsuit against the city of Loveland, Loveland Police Department and Loveland police officers Paul Ashe andBenjamin DeLima, Det. We'd love to hear eyewitness Lawsuits pile up at Loveland Police Department | FOX31 Denver Threats of harming another Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. led to a $3 million settlement last year. Colorado Supreme Court ruling makes more police internal investigations accessible. She had been dating 18-year-old Elijah Hall and, around lunchtime on June 20, 2020, she rode her bike to the nearby Safeway where she found Hall with another woman. The first third of the complaint retells Elias story with much of the restgoing into more detail on what the complaint describes as Chief Bob Ticer and the LPDs obsession with DUI arrests.. 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. They treat people like animals. I felt helpless just watching them manhandle my daughter the way they did.. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. LOVELAND, Colo. The City of Loveland is paying out $290,000 dollars to settle a lawsuit over the wrongful arrest of a man in September 2019, the man's attorney said. Your California Privacy Rights / Privacy Policy. Longmont landscaper under scrutiny after new complaints, Carreras Tacos Bring West Coast Mexican with a Competitive Edge, Murdaughs fall from grace ends in life sentence for murder, Former clerk Tina Peters found guilty on obstruction charge, Boulder police seek person of interest in womans shooting near CU Boulder. You know, it's just, it's horrifying, terrifying, Siers said in an interview Wednesday. Two officers Dunlap and Wood responded and spoke to the girl and young man, as well as other witnesses. Loveland police officers sued over alleged excessive force involving Sowl said he needed shoulder replacement surgery after the incident. Schielke and Sowl were not able to answer any additional questions about the settlementdue to the agreement with Loveland, according to the news release. It is terrifying because we all have to drive, we all use the roads, and it shouldnt be that easy for an officer to destroy our lives and there needs to be consequences when they recklessly do so, she said. Sarah Schielke files amended wrongful DUI suit against LPD officers update. the good samaritan who was beat up by cops awarded $290K She also represented Karen Garner and her family in that case, which led to a $3 million settlement last year. Federal judge tosses man's excessive force lawsuit against Loveland police S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. Following Schielkes early Wednesday release, the city published its own response to the event, stating that it will have Jensen Hughes conduct an independent investigation of the incident. The state's second-highest court on Thursday overturned a man's conviction for disarming a police officer, determining that Colorado law does . I was getting my dog, Siers can be heard screaming in the video. RELATED: City of Loveland chooses firm to conduct independent review after arrest of Karen Garner, RELATED: Former Loveland officer faces assault charge, accused of writing inaccurate reports related to Karen Garner's arrest, RELATED: Karen Garner's family feels more 'concern than relief' after charges announced against officers.