Last year, the city of Loveland paid a $3 million settlement to the woman, Karen Garner. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 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. When the officers arrived, the suit says, Siers was found in front of the house working on S.S.s bike. 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. After going through roadside tests Hill arrested Dutka and took her for a blood test. She also represented Karen Garner and her family in that case, which led to a $3 million settlement last year. Talmadge's roommate continued to remain in the home, allegedly telling Talmadge: "You will leave before I do.". According to a complaint filed Monday in U.S. District Court in Denver on behalf of Preston Sowl, 60, by attorney Sarah Schielke, Sowl and his wife were leaving Charlie L's Pub with some friends on. This material may not be published, broadcast, rewritten, or redistributed. It also included information on timed DUI arrest competitions put on by MADD that LPD is a part of. Keep it Clean. A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint claims. They hurt families and destroy lives, Schielke said in a statement. 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. The federal lawsuit, filed in U.S. District Court, alleged Sowls' First, Fourth and Fourteenth Amendments were violated, according to a news release fromSchielke. 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. Let there be no mistake: Loveland is not a safe place for children. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. By: Colette Bordelon Posted at 7:17 PM, Mar 31, 2022 and last updated 6:17 PM, Mar 31, 2022 According to the report of an internal. 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. 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. 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. / CBS Colorado. Brian Bartnes. The case was settled for $290,000, City Attorney Moses Garcia said. Eventually, Sychla deployed his Taser on Siers and continued to shock him for over five seconds, the lawsuit claims. 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. We provide you with the latest news and videos straight from the Mile High City! After S.S. came out and began talking with the officers, she eventually admitted to slapping Hall earlier that day the video accompanying the suit claims their body-worn cameras were muted for much of this discussion. Officers Wood and Dunlap, who had asked for backup, arrived outside Mr. Sierss home later that day and asked to speak with his daughter. accounts, the history behind an article. "Force is not reasonable when a suspect is non-violent, not resisting, not fleeing, or poses no threat.". Phil Metzler, have been. 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. A federal judge has dismissed a man's lawsuit against the city of Loveland and multiple police officers that alleged excessive force and unlawful arrest. Notifications can be turned off anytime in the browser settings. By Keith Coffman. The complaint claims Gates said he could smell alcohol coming from the vehicle and that K.S. 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 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. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 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. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Following the footage of the arrest the video stated that the event was reviewed by LPD chain of command and deemed reasonable and justified.. 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. The suit claims that S.S. was arrested and charged with harassment, domestic violence, obstruction and resisting arrest while Siers was charged with obstructing a police officer and resisting arrest; the suit adds both sets of charges were eventually dismissed. 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. When Siers returned home from work that day, he saw several missed calls from the LPD and called them back, telling them he and his daughter were at their home; this led to the three officers named in the suit responding to the residence. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. Im a canine officer, dude.. 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. Don't knowingly lie about anyone He also added that Skippy had bitten one of the officers involved. This material may not be published, broadcast, rewritten or redistributed. Sowl's arrest was captured on body camera footage. The roommate then exited the house and Talmadge soon received a call from police asking him to step outside. The suit claims Sychla also attempted to conduct a hold maneuver to stop Siers, an attempt that was unsuccessful. 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. Colorado Politics is published both in print and online. While the original complaint totaled 15 pages, the amended complaint was filed at four times larger, coming in at 62 pages of information, allegation and claims for relief. The officers then approached Mr. Siers and asked him to stop resisting, according to the body camera footage. 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.. Talmadge allegedly told responding officers what had happened and they left. Share with Us. It was unclear if the officers had lawyers, and the Loveland Police Department did not immediately respond to calls seeking comment on Thursday. The arrest startled her father, Jon Siers, who repeatedly told the officers that what they were doing was completely wrong, the lawsuit states. Create new account | My Profile | My Account | My Bookmarks | My Inbox | Help | Log in, Back to top Alert Link here 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. To always use Standard format on my mobile device: Go to My Account, About | Copyright | Privacy | Terms of service | Contact. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. 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.. 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. 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.. The city, in turn, has announced it will re-hire consulting company Jensen Hughes to investigate the incident. 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. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. 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. I am a first responder. Defund the police was the wrong slogan. led to a $3 million settlement last year. ), First published on January 27, 2021 / 4:46 PM. This is not a bad apples event, it is the whole tree.. Something like "Redefine the Police" might have been better. 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. The city said the findings of the latest review will be made public once it is complete. "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. DENVER OK is your Colorado news, entertainment, music & fashion website. Police are strengthening their checks of motorcycles and mopeds at the start of spring. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. 2023 www.coloradoan.com. "It is long-established that a citizen cannot be charged with obstruction (or any crime) for merely refusing to answer police questioning," Sowl's attorney Sarah Schielke said in a news release at the time the lawsuit was filed in June 2020. The city said Ashe violated three department policies and procedures:. 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. 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.. 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. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. Thank you for your interest in the Loveland Police Department. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. 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. 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. 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Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorneys Office dismissed the charges, according to the lawsuit. 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. I couldn't do anything. 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.. Shes a good kid.. 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. Schielke, of the Life and Liberty Law Office, filed the original complaint in January, claiming Fort Collins resident Harris Elias was wrongfully arrested by LPD officer William Gates in early 2020 for DUI. The guy was probably arguing unnecessarily, and probably not a liberal at all but he was right in this case. 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. 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. The event also allegedly changed Skippys entire demeanor; he became extremely aggressive with every stranger to come near the Siers home and eventually had to be rehomed to family out of state. 2023 CBS Broadcasting Inc. All Rights Reserved. We'd love to hear eyewitness The video ends by pointing some blame at the elected officials in Loveland who have supported the LPD and its officers, including clips of previous and unrelated statements from Mayor Pro Tem Don Overcash and councilors Pat McFall and John Fogle. 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. 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 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. S.S. can be heard crying and yelling in the background. With her amended complaint, Schielke also uploaded an edited video of Elias arrest from 2020 as well as the full three hours of bodycam footage. Sowl said he needed shoulder replacement surgery after the incident. 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. I was getting my dog, Siers can be heard screaming in the video. The lawsuit names three officers who were involved in the arrests of Siers and his daughter as defendants: Officers Matt Sychla, Jeremiah Wood and Evan Dunlap. arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22,2019. He first blew a blood alcohol content (BAC) of 0.000%, the complaint says, and later that night Elias was given a blood test that eventually came back negative. 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. 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.. RM W79EWX - Feldjger, the military police of the Bundeswehr, Germany's armed forces. No racism, sexism or any sort of -ism 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. And why would they? You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. On a form that asked the boy if the actions of S.S. caused him pain, he marked, No., It was the middle of the day and there was little else to do, the lawsuit states, adding that the officers were bored.. The incident drew interest from nearby residents resulting in someone calling the LPD. RM D5WCP3 - A police officer stops cars at a special checkpoint in Berlin, Germany, 09 April 2013. The suit claims that during this, S.S. hit her head more than once, ultimately causing a concussion. This, she said, is something she hopes is exposed and ultimately ended. The defendants asked Varholak to dismiss the lawsuit because of Talmadge's successful criminal prosecution and because he neglected to describe the actions each officer took to allegedly harm him. 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. On June 20, 2020, S.S. bicycled back to her fathers home, heartbroken over the confrontation she had with the boy hours earlier. "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. The suit claims that at this time Siers noticed that his dogs were trying to protect him and his daughter and wanted to safely get them inside. 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. 2001 - 2023 Democratic Underground, LLC. S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. Motorcycles can be very heavy and can cause severe damage even when just tipping over while stopped. Schielke said she filed Elias original complaint quickly as to avoid the statute of limitations closing. He told her they were not in a relationship, according to the suit, and the girl got upset and slapped him. Sowl said he needed shoulder replacement surgery after the incident, according to the lawsuit. Clint Schnorrand Sgt. I felt helpless just watching them manhandle my daughter the way they did.. The vast majority of cases named in the complaint also say the charges were dismissed. Sowl was cited with obstructing a peace officer and resisting arrest, but the charges were later dropped. 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 have permission to edit this article. There was a problem saving your notification. In an image taken from police body camera video, a 14-year-old girl is arrested at her home in Loveland, Colo., in 2020. Loveland is not a safe place for grandparents. And it claims that Dunlap and Wood arrested the girl without a warrant and used excessive force. 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 . I'm not talking to nobody.". or anything. racist or sexually-oriented language. 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. 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. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. 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. 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. 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. The video below is police bodycam footage from the incident. 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. Copyright 2022 Scripps Media, Inc. All rights reserved. You can be in the know right alongside Colorados political insiders. Police were . 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. "Accordingly, Plaintiffs illegal arrest claim is barred by Heck.". 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. Following this, the suit claims that Sychla shoved Siers backward several times, with Siers eventually scrambling away into a parking space in front of the residence. Secure your subscription to Colorados premier political news journal, in continuous publication since 1898. 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. 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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Antolina Hill as one of the defendants as well as including a number of other stories alleging wrongful DUI arrest and information on the culture of the LPDs DUI enforcement. One of them, a Jack Russell terrier, started barking at the officers when they were trying to get the daughter into handcuffs. The charges against them were eventually dismissed, Ms. Schielke said. According to the suit, the event caused emotional and physical trauma to not only Siers and S.S. but also Skippy. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. 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. An internal review determined the officer was not justified in arresting a witness who refused to answer his questions. 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. COLORADO DOCUMENTARY PROJECT Speak out! The lawsuit, filed against officers Ashe, DeLima, Schnorr and Brian Bartnes, alleges that police violated Sowl's First and Fourth Amendment rights, and that the city of Loveland violated his. 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. He called them back, and officers came back to his home while he was outside working on his daughters bike. I've never been in a situation quite like that before, Siers said. 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. 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. The city also released its own video with footage from the incident from Sychlas body-worn camera, which includes the incident itself as well as Siers arrest and discussion with Sychla. Get an email notification whenever someone contributes to the discussion. The release added the findings from this review will be made public when the investigation is completed. "Any complaint leveled against our personnel is taken seriously," the department said in a statement. 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.
