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. When S.S. admitted to them that she had slapped the boy, Officer Wood said that she was under arrest, the lawsuit states. She added that while she had tried to let Loveland settle the matter without taking it public, the city had declined. 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. City of Loveland via YouTube/ lovgov.org On September 7, the City. 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. Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." 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.. The city said the findings of the latest review will be made public once it is complete. Nicole Yost, a spokeswoman for the city of Loveland, said she did not know who was representing the officers. that is degrading to another person. S.S. can be heard crying and yelling in the background. June 17, 2022 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. In the suit, Schielke is asking for declaratory and injunctive relief, compensatory, punitive or exemplary damages, and attorneys fees and costs. Brian Bartnes. Sychla can be seen carrying Skippy to the door before pushing him inside and eventually kicking the dog back in when it tries to come out. Skippy can be seen in the video trying to pull its way over to him. By Elise Schmelzer | PUBLISHED: March 2, 2022 at 3:24 p.m. | UPDATED: March 2, 2022 at 3:26 p.m. 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. Local attorney Sarah Schielke has filed an amended lawsuit against members of the Loveland Police Department and the city of Loveland regarding an alleged wrongful DUI arrest in early 2020. The vast majority of cases named in the complaint also say the charges were dismissed. Watch the body camera footage here According. According to the lawsuit, Siers was aware an LPD officer had shot and killed a familys dog in the past year (which Schielke also filed suit over) and wanted to take the dog inside so it was not shot if it bit one of the officers. Most notably the department became the center of international attention when Schielke released information on the June 2020 arrest of Karen Garner, a case that resulted in a $3 million settlement from the city of Loveland and a five-year prison sentence for Garners arresting officer. The Moving can be an exciting experience. Colorado Portal and News | Denverok.com, Colorado Portal | News | Classifieds | Cars. Want the real scoop? 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. They were both also making their very own wrongful DUI arrests during this time. As for the claim of unlawful arrest, Varholak explained that the U.S. Supreme Court's decision inHeck v. Humphreyprevents criminal defendants from suing for monetary damages over unconstitutional imprisonment unless their conviction is overturned. 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. Another person, identified as K.S., was pulled over by Gates Sept. 30, 2019. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. Mr. Siers and his lawyer said they would not accept a settlement and expected to take the case to a jury. 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. 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 city hired Jensen Hughes in 2021 to lead an independent investigation into the departments policies and procedures following the release of information about Garners arrest. Philip Metzler and the City of Loveland of excessive force and violation of the Americans With . 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 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. Schielke filed a 52-page lawsuit Wednesday accusing Officer Hopp, Officer Daria Jalali, Sgt. Loveland Police Officer Resorts to Excessive Force The civil lawsuit alleges Loveland police officer William Gates falsely arrested Harris Elias on suspicion of DUI while driving in midtown Fort . / CBS Colorado. During a press conference held Monday, Deputy Chief and soon-to-be Interim Chief Eric Stewart said that decision came after the department received criticism of former DUI cases, adding the critics are members of a defense bar who represent drivers who were charged and some who ultimately passed blood tests following DUI arrests; he did not say exactly who the critics were and said he could not comment on specific incidents. I feel that there needs to be a change in law enforcement, Mr. Siers said. 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. 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. She said that her hope with the filing of this amended lawsuit is to address problems she sees in how the LPD operates its DUI enforcement, focusing on her concern with incentives given to officers to arrest and charge citizens. View this page in Standard (full site) format. The first roughly 21 pages share Elias story of his arrest the night of Jan. 4, 2020. Copyright 2022 Scripps Media, Inc. All rights reserved. The amended complaint, which Schielke filed to the United States District Court in Denver Thursday, has the same three claims but comes with several notable additions, including naming Sgt. 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. 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. Thank you for visiting. 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.. Example video title will go here for this video. Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. Sowl said he needed shoulder replacement surgery after the incident. Permalink. COLORADO DOCUMENTARY PROJECT Speak out! Chief Ticer and Sergeant Hill did not care about these poor innocent people Gates was victimizing without consequence, the complaint said. 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. 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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. Sady Swanson covers public safety, K-12 education and more throughout Northern Colorado. At one point in the interaction, Sowl can be heard telling Ashe, I dont know what happened. The report said Ashe and two other officers took the man to the ground and arrested him for obstructing a police officer and resisting arrest, injuring his shoulder. Were not (going to) shoot your dog; knock it off, Sychla can be heard saying. Our website features subscriber-only news stories daily, designed for public policy arena professionals. 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. 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. Get on the ground, an officer yells, pointing a Taser at Mr. Siers and then firing it. The city, in response, said it will conduct an independent review and maintained that it is committed to accountability. Notifications can be turned off anytime in the browser settings. Following multiple pleas from Siers to put the dogs inside, Sychla can be seen approaching Skippy and picking him up by the leash and carrying him toward the door, dangling several feet above the ground by his neck. One of them, a Jack Russell terrier, started barking at the officers when they were trying to get the daughter into handcuffs. 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. Loveland Police Department officers Jeremiah Wood and Evan Dunlap arrest a 14-year-old girl in Loveland in June of 2020. $300K seems really low given the cost of the medical treatment and pain and suffereing. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. It claims Sychla unreasonably and wrongfully arrested Siers and used excessive force against him and his dog, and also that Sychla committed malicious prosecution in arresting and forwarding charges against Siers to prosecutors. 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. 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. Your California Privacy Rights / Privacy Policy. All rights reserved. Loveland Police Department, via The Life & Liberty Law Office. The lawsuit claims the dog did eventually nip at some of the officers, and that Sychla eventually picked the dog up by his leach and held him into the air by his throat while taking him to the front door of the home and putting him inside. 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. Schielke indeed did release the video on YouTube, as well as the lawsuit she said was filed Wednesday in Larimer County District Court on behalf of Jon Siers and his daughter. 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. As this department has demonstrated in the past, we are not afraid to have outside experts look at our operations to suggest changes where they may be needed or confirm where we continue to excel, it said. but it can also be stressful. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. Clint Schnorrand Sgt. 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 . Sowl said he needed shoulder replacement surgery after the incident. He submitted to another breath test at the station on a certified Intoxilyzer machine and blew a 0.028%. 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. 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. I'm not talking to nobody.". 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. 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. "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. 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. Schielke said she filed Elias original complaint quickly as to avoid the statute of limitations closing. I'm not talking to nobody.". 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. 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. I was mad. And why would they? The charges were dismissed by the Larimer County District Attorneys Office. She pretty much sticks to herself, stays at home, stays out of trouble, he said. The lawsuit alleged that Sowl declined to provide more information when asked and was injured while being detained. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. 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. The suit says the girl suffered cuts, scrapes, bruises and a concussion during the ordeal. Were stuck on Groundhog Day, basically, she said. An internal review determined the officer was not justified in arresting a witness who refused to answer his questions. 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. Police were . Even Chief Ticer himself assisted Hill with arresting and charging an innocent person with DUI, by providing a (Drug Recognition Expert) evaluation of the individual and declaring in his (Ticers) expert DRE opinion that the person was under the influence of cannabis.. Something like "Redefine the Police" might have been better. 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 case was settled for $290,000, City Attorney Moses Garcia said. "Force is not reasonable when a suspect is non-violent, not resisting, not fleeing, or poses no threat.". The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. DENVER OK is your Colorado news, entertainment, music & fashion website. Talmadge allegedly told responding officers what had happened and they left. The complaint later stated that, in 2019, Gates initiated 1,622 traffic stops while the average total number of stops from other LPD patrol officers working similar shifts in 2019 was 200 to 400 a year. 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. She said, at the time, her records requests were not being fulfilled quickly enough to file before time ran out. The complaint goes on to say that Ticer and the LPD had a history of giving awards and recognition for high DUI arrests, including reporting the arrest numbers to agencies like Mothers Against Drunk Driving. "Any complaint leveled against our personnel is taken seriously," the department said in a statement. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Loveland resident Pretson Sowl filed the lawsuit against the city of Loveland, Loveland Police Department and Loveland police officers Paul Ashe andBenjamin DeLima, Det. He also added that Skippy had bitten one of the officers involved. A civil lawsuit filed in Larimer County District Court accuses Loveland police officer Mat Grashorn of "recklessly killing" Wendy Love and her husband Jay Hamm's 14-month-old dog, a. The boy, who denied that he cheated, declined to press charges, according to body camera footage of him speaking with the officers, which was released Wednesday by the familys lawyer, Sarah Schielke. Motorcycles can be very heavy and can cause severe damage even when just tipping over while stopped. Loveland is not a safe place for grandparents. Schielke and Sowl were not able to answer any additional questions about the settlementdue to the agreement with Loveland, according to the news release. 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. 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. 3 min read. Both videos can be found on the Life and Liberty Law Office YouTube page. The attorney representing Karen Garner and her family released a video Monday of officers discussing and joking about injuring Garner after her arrest. Mr. Siers said his daughter had nightmares for months. 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 lawsuit claims that a man and his 14-year-old daughter were arrested by officers who used excessive force during the encounter in 2020. As S.S. watched this from a few feet away, she began having a panic attack, the lawsuit states. Colorado Supreme Court ruling makes more police internal investigations accessible. Schielke said this incident along with others in the past show that there is a theme of issues within department leadership. Sowls arrest in September 2019 was capturedon body camera footage, released by Sowls attorney Sarah Schielke. We provide you with the latest news and videos straight from the Mile High City! You know, it's just, it's horrifying, terrifying, Siers said in an interview Wednesday. A lawsuit filed by a Fort Collins man accuses a Loveland police officer of wrongfully arresting him on suspicion of driving under the influence in January 2020. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. Sowl was cited with obstructing a peace officer and resisting arrest, but the charges were later dropped. 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.. The charges against them were eventually dismissed, Ms. Schielke said. Sowl's arrest was captured on body camera footage. The guy was probably arguing unnecessarily, and probably not a liberal at all but he was right in this case. 2023 CBS Broadcasting Inc. All Rights Reserved. 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. Im a canine officer, dude.. 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.. 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. RM W79EWX - Feldjger, the military police of the Bundeswehr, Germany's armed forces. The city, in turn, has announced it will re-hire consulting company Jensen Hughes to investigate the incident. This material may not be published, broadcast, rewritten, or redistributed. I couldn't do anything. 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. Police. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. The incident drew interest from nearby residents resulting in someone calling the LPD. Hill said she could smell alcohol in Dutkas vehicle, which Dutka explained was due to a drunk friend whom she had driven home. 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.. Sierss daughter tried to get to her dad, but officers continued to try to put her into handcuffs. Both the Garner and Sowl cases were brought to light through Schielke and the Life and Liberty Law Office. 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. 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. "Accordingly, Plaintiffs illegal arrest claim is barred by Heck.". Photo: Paul Zinken. 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. or anything. Without intervention, this self-serving scam will continue and the wake of innocent citizens whose lives are destroyed by it will continue to grow.. I need to put a tampon in, she yells, using an expletive. 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. I was helpless watching my daughter getting manhandled by three other police officers. The suit, filed in the 8th Judicial District Court on Wednesday morning, lists three claims for relief: unreasonable seizure and excessive force resulting in the abuse of their dog Skippy and wrongful arrest of Siers by Sychla; violation of due process and malicious prosecution of Siers by Sychla; and unreasonable seizure and excessive force with an arrest of S.S. by Wood and Dunlap. He called his daughter out of the house, and according to the lawsuit, Officer Wood started to arrest his daughter as soon as she admitted to slapping the 18-year-old, which the suit says went against LPD policy of not arresting children 14 and under unless they are believed to have committed a dangerous felony.. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. "Being a defendant in civil rights litigation is stressful, time-consuming, and especially in the case of law enforcement, detracts from everyday duties to the public," lawyers for the defendants wrote. The suit claims Sychla also attempted to conduct a hold maneuver to stop Siers, an attempt that was unsuccessful. By law, if I see an OSHA violation and fail to act,I can be held personally responsible. The departments statement reiterated the outside review it will undergo will includes policies and procedures, overall strategy as well as status, outcomes and claims of current and recent enforcement efforts.