Without intervention, this self-serving scam will continue and the wake of innocent citizens whose lives are destroyed by it will continue to grow.. 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. By law, if I see an OSHA violation and fail to act,I can be held personally responsible. But the investigation determined the witness had not committed a crime and the officer was not justified in arresting him, according to an internal memo from Police Chief Robert Tice dated May 7. The department also faced an excessive use of force suit for the 2019 arrest of Preston Sowl, which was settled by the city for $290,000. The lawsuit claims that a man and his 14-year-old daughter were arrested by officers who used excessive force during the encounter in 2020. The federal lawsuit, filed in U.S. District Court, alleged Sowls' First, Fourth and Fourteenth Amendments were violated, according to a news release fromSchielke. Two officers Dunlap and Wood responded and spoke to the girl and young man, as well as other witnesses. The dog was later taken to live with a family out of state because he became extremely aggressive with every stranger after the police encounter, according to the lawsuit. By Keith Coffman. Time for the same rules to apply to police, https://www.coloradoan.com/story/news/2021/01/28/loveland-police-settle-excessive-force-lawsuit-290-k/4294396001/, This cops are always repeat offenders and they keep getting assigned to patrolling citizens, Good. Beyond excessive use of force incidents, the department has faced scrutiny for several other incidents, including the shooting and killing of a 19-year-old boy in 2021 and a dog in 2019, as well as criticism over alleged wrongful DUI arrests. The officers asked him to call his daughter outside, saying they just wanted to talk to her. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Notifications can be turned off anytime in the browser settings. We ask the public to keep an open mind as we deal with claims that will ultimately be addressed in a court of law., The statement added that this is too important an issue for the health and safety of our community to ignore.. Sowls arrest in September 2019 was capturedon body camera footage, released by Sowls attorney Sarah Schielke. Talmadge's roommate continued to remain in the home, allegedly telling Talmadge: "You will leave before I do.". There was a problem saving your notification. While in the parking space, Sychla pulled out a stun gun and, after Siers began to walk toward him, fired it, hitting Siers in the stomach and causing him to collapse. 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In a written response reflecting many points Stewart said during Mondays press conference, the department said it can not comment on specific cases and wants to be transparent and open in our work.. Following the footage of the arrest the video stated that the event was reviewed by LPD chain of command and deemed reasonable and justified.. 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 they slammed the 14-year-old onto concrete, fired a Taser at him and choked the familys Jack Russell terrier. Both the Garner and Sowl cases were brought to light through Schielke and the Life and Liberty Law Office. Watch the body camera footage here According. And that starts with getting rid of every supervisor at LPD who approved of the violence in this video, she said. That leads to this result, this absurd result, where the officers prioritize numbers over the constitutional rights of the citizens they are supposed to be protecting, she said. A Loveland, Colorado, police officer is on administrative leave and two other officers have been reassigned to administrative duties after a federal civil rights lawsuit alleging excessive use of . Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. They hurt families and destroy lives, Schielke said in a statement. The lawsuit alleged that Sowl declined to provide more information when asked and was injured while being detained. 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 f. He also claimed the encounter demonstrated a "serious training issue" with the Loveland Police Department. The case was settled for $290,000, City Attorney Moses Garcia said. I couldn't do anything. / CBS Colorado. Get on the ground, an officer yells, pointing a Taser at Mr. Siers and then firing it. Whether movers in Fort Collins are helping you Austin Fleskes joined the Reporter-Herald team in August 2020 as the newsroom's public safety reporter. 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. The complaint also claims that around this time Hill and Ticer learned that some of Gates DUI arrests were wrongful arrests because blood and breath results were coming back showing people were not impaired. It also included that 1,352 of the drivers he pulled over 84% of his stops were let off with just a warning. She said, at the time, her records requests were not being fulfilled quickly enough to file before time ran out. I feel that there needs to be a change in law enforcement, Mr. Siers said. Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. person will not be tolerated. This, she said, is something she hopes is exposed and ultimately ended. Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. Im not talking to nobody.. 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. It is important to stress that this process is not an acknowledgement as to the validity or accuracy of the specific complaints made by certain individuals about our DUI program, the statement said. Colorado Supreme Court ruling makes more police internal investigations accessible. "Mr. Talmadge was minding his own business, and did not pose a danger to himself or others," Talmadge wrote in his complaint. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. The Loveland Police Department officers had searched for the daughter, who is identified in the lawsuit only as S.S., after she slapped a boy in a Safeway supermarket parking lot because she believed he had been cheating on her with another girl, the lawsuit states. The lawsuit also claims Wood and Dunlap unreasonably seized, committed a warrantless arrest against, and used excessive force against Siers daughter, who was not named in the complaint because she is a juvenile. 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. S.S. can be heard crying and yelling in the background. The vast majority of cases named in the complaint also say the charges were dismissed. But Schielke states in the lawsuit several times the officers were bored and that Loveland police superiors had an unspoken practice of requiring officers to finish at least 10 citations each day in order to get promoted and onto the best shifts. Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorney's Office dismissed the charges, according to the lawsuit. Lawsuit alleges Loveland Police Department has pattern of wrongful DUI arrests Blood test shows man arrested in 2020 had no alcohol in system A new lawsuit targets the Loveland Police Department's DUI enforcement. 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. Sowl's arrest was captured on body camera footage. The roof of a police patrol car at night, with the blue and red lights flashing. All Rights Reserved. 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, according to a federal lawsuit. His attorney says the injury required Sowl to undergo shoulder replacement surgery. Use the 'Report' link on Colorado Politics is published both in print and online. each comment to let us know of abusive posts. He told her they were not in a relationship, according to the suit, and the girl got upset and slapped him. 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. The complaint also includes 20 instances from other residents claiming that they were wrongfully arrested; the complaint adds the ones listed were just some of arrests made by Hill and Gates. I was getting my dog, Siers can be heard screaming in the video. COLORADO DOCUMENTARY PROJECT Speak out! At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. Notifications from this discussion will be disabled. 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. To always use Standard format on my mobile device: Go to My Account, About | Copyright | Privacy | Terms of service | Contact. 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. All the investigation and work we were putting in to get a peek at the tip of the iceberg was taking forever, she said. The lawsuit alleges Metzler intimidated and bullied the witness and deactivated his body-worn camera during the interaction to cover up the use of excessive force. After going through roadside tests Hill arrested Dutka and took her for a blood test. 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.. Don't Threaten. I'm not talking to nobody.". The city said the findings of the latest review will be made public once it is complete. We provide you with the latest news and videos straight from the Mile High City! We need you. This includes several pictures of Facebook posts showing Gates or Hill being awarded for their DUI enforcement work. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. The officers then approached Mr. Siers and asked him to stop resisting, according to the body camera footage. And why would they? Wood was in field training at the time, according to the lawsuit, which says that Dunlap decided to use this childs slap as a chance for Officer Wood to get more experience practicing a domestic violence arrest.. Before coming to Loveland, he graduated from Colorado State University in May 2020 with two bachelor's degrees, one in journalism and media communications and one in history. This is not the first time the department has faced an excessive use of force lawsuit for actions of its officers. Last year, the city of Loveland paid a $3 million settlement to the woman, Karen Garner. I was helpless. The attorney representing Karen Garner and her family released a video Monday of officers discussing and joking about injuring Garner after her arrest. As S.S. watched this from a few feet away, she began having a panic attack, the lawsuit states. This material may not be published, broadcast, rewritten, or redistributed. Email notifications are only sent once a day, and only if there are new matching items. The complaint claims Gates said he could smell alcohol coming from the vehicle and that K.S. He submitted to another breath test at the station on a certified Intoxilyzer machine and blew a 0.028%. LOVELAND, Colo. (KDVR) A Loveland police officer involved in the forceful arrest of Karen Garner resigned on Wednesday following an independent investigation by a consulting firm.. 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. racist or sexually-oriented language. When the officers arrived, the suit says, Siers was found in front of the house working on S.S.s bike. 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. The investigation offered a positive review on many of the departments policies and practices along with critiques on how to improve in the areas in which it was lacking. The 18-year-old man declined twice to press charges against the girl and said the slap caused him no pain, according to the lawsuit. Were not (going to) shoot your dog; knock it off, Sychla can be heard saying. DENVER, Sept 8 (Reuters) - The city of Loveland, Colorado, has agreed to pay $3 million to an elderly woman with dementia who suffered a dislocated shoulder and broken arm while . I'm not talking to nobody.". It also included these male adult officers forcibly pushing her entire body against brick wall and concrete, and for officer Wood, at times pushing the front of his own body hard up against her back.. Skippy can be seen in the video trying to pull its way over to him. Permalink. 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. A Loveland police officer violated department policy when he forcefully arrested a witness of a motorcycle crash for refusing to answer questions, the city announced in a news release last week. The suit claims that during this, S.S. hit her head more than once, ultimately causing a concussion. She added that while she had tried to let Loveland settle the matter without taking it public, the city had declined. But instead of allowing that, Officer Sychla shoved Siers, according to the lawsuit. In fact, we already know that some of the allegations being made are inaccurate and do not describe the professionalism and respect shown by our officers to the individual involved. Siers had his two dogs outside on leashes at the home, according to the suit. The suit claims Sychla also attempted to conduct a hold maneuver to stop Siers, an attempt that was unsuccessful. 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 lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. The first roughly 21 pages share Elias story of his arrest the night of Jan. 4, 2020. Your California Privacy Rights / Privacy Policy. 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 announced Tuesday it was again bringing in Jensen Hughes to review the latest incident, which happened on June 20, 2020, and involved a 14-year-old Loveland girl who was accused by police of domestic violence after she slapped her boyfriend, as well as the girls father, who was tased by an officer while trying to remove his dog from the scene. The lawsuit claims Sychla arrested Siers without a warrant and used excessive force against him, and violated the Dog Protection Act when he allegedly choked the dog. In an image taken from police body camera video, a 14-year-old girl is arrested at her home in Loveland, Colo., in 2020. 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. The Moving can be an exciting experience. "Plaintiff was arrested on charges of third degree assault and resisting arrest and a jury convicted him of those charges," Varholak wrote in a May 19 order. that is degrading to another person. Police. 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's arrest in September 2019 was capturedon body camera footage, released by Sowl's attorney Sarah Schielke. Sady Swanson covers public safety, K-12 education and more throughout Northern Colorado. arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22,2019. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Our interviews with LPD staff revealed that they would like to be more involved with community members and community organizations, but do not have time to engage in these activities or problem solving because of the Departments emphasis on its data-driven strategies and the need to produce daily numbers of enforcement actions, the complaint quotes from the report. Let there be no mistake: Loveland is not a safe place for children. With more equipment and more officers, they are able to make more arrests and then point to those arrest stats as proof of rising crime levels that they then proclaim requires more funding, equipment and officers to solve. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. It was unclear if the officers had lawyers, and the Loveland Police Department did not immediately respond to calls seeking comment on Thursday. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. An officer can be seen placing Skippy inside the house; the lawsuit states that Officer Sychla kicked him in the face before closing the door. NISP opponents sue Larimer County commissioners over permit approval, Your California Privacy Rights / Privacy Policy. 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. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Varholak allowed Talmadge, who represented himself in court, to refile his lawsuit by June 6 if Talmadge wished to bolster any of his claims that the magistrate judge found lacking. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. 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. Thank you for your interest in the Loveland Police Department. The Loveland Reporter-Herald reports Preston Sowl claimed the officers violated his constitutional rights by detaining and injuring him after he declined to talk to them while at the scene of an accident in September 2019. For Siers and his daughter, they have both lost and continue to lose sleep while not feeling safe in their home, with S.S. suffering panic attacks and insomnia the suit says. Nicole Yost, a spokeswoman for the city of Loveland, said she did not know who was representing the officers. Phil Metzler, have been. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. I was mad. Schielke said the names used in the suit were gained from a records request made to the LPD and, out of respect for each persons privacy, she did not include their full names with the exception of one person. Schielke and Sowl were not able to answer any additional questions about the settlementdue to the agreement with Loveland, according to the news release. ), First published on January 27, 2021 / 4:46 PM. She begged the officers to let her grab a tampon, but they told her no, causing her to flail and then collapse on the ground in tears, the lawsuit states. Something like "Redefine the Police" might have been better. Threats of harming another Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. 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. Sowl said he needed shoulder replacement surgery after the incident. Create new account | My Profile | My Account | My Bookmarks | My Inbox | Help | Log in, Back to top Alert Link here 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. The city, in turn, has announced it will re-hire consulting company Jensen Hughes to investigate the incident. Loveland is not a safe place for grandparents. Want the real scoop? Excess Force Suit Against Loveland Police Settled For $290,000 January 27, 2021 / 4:46 PM / CBS Colorado LOVELAND, Colo. (AP) - An excessive force lawsuit filed against the city of. So, I didn't know quite how to react.. The ordeal was enough for someone to call Loveland police to the scene, according to the lawsuit. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. The suit also claims Sychla falsified and exaggerated facts in the police report involving Siers. The civil lawsuit alleges Loveland police officer William Gates falsely arrested Harris Elias on suspicion of DUI while driving in midtown Fort . The suit adds that the slap did not cause Hall injury or even leave a mark, with video showing him telling officers that it only stung. Don't knowingly lie about anyone You know, it's just, it's horrifying, terrifying, Siers said in an interview Wednesday. 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. 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. Best practices in law enforcement will be maintained and we are committed to accountability if those standards are not upheld, he said. Get browser notifications for breaking news, live events, and exclusive reporting. I appreciate the difficult, challenging, and often dangerous roles that LPD officers undertake to keep our community safe, and I want to express my gratitude to the men and women of LPD for taking on this important work and for continuing in our larger efforts to improve community policing to best serve our community, Adams said in the release. 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 and dislocated shoulder along with other injuries. 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, City of Loveland chooses firm to conduct independent review after arrest of Karen Garner, Former Loveland officer faces assault charge, accused of writing inaccurate reports related to Karen Garner's arrest, Karen Garner's family feels more 'concern than relief' after charges announced against officers, Policy 1.02: Limits of Authority and Exercise of Discretion.