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.. Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. 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. 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. All the investigation and work we were putting in to get a peek at the tip of the iceberg was taking forever, she said. Sowl's arrest in September 2019 was capturedon body camera footage, released by Sowl's attorney Sarah Schielke. The city, in turn, has announced it will re-hire consulting company Jensen Hughes to investigate the incident. 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. Nicole Yost, a spokeswoman for the city of Loveland, said she did not know who was representing the officers. 2023 www.coloradoan.com. 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. While four officers responded to the Siers home and waited 20 minutes, they were unable to come in contact with S.S. or her father. "Accordingly, Plaintiffs illegal arrest claim is barred by Heck.". In Talmadge's narrative of events, he attempted to eject his roommate from his Loveland home on July 6, 2019, but the roommate refused and instead called police to the home. 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.. Example video title will go here for this video. 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. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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. "The city of Loveland, the family continues to anxiously await answers to any of that." Garner was arrested in June 2020 after she left a local Walmart without paying for a T-shirt, soda, candy. 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. Thank you for your interest in the Loveland Police Department. 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. 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. 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. In Ticer's presentation to the. 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.. During this, the suit claims, S.S. began screaming while suffering from a panic attack. Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." He told her they were not in a relationship, according to the suit, and the girl got upset and slapped him. 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 need you. Photo: Paul Zinken. 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. 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. $300K seems really low given the cost of the medical treatment and pain and suffereing. The federal lawsuit, filed in U.S. District Court, alleged Sowls' First, Fourth and Fourteenth Amendments were violated, according to a news release fromSchielke. 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. When S.S. admitted to them that she had slapped the boy, Officer Wood said that she was under arrest, the lawsuit states. 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. The state's second-highest court on Thursday overturned a man's conviction for disarming a police officer, determining that Colorado law does . Another person, identified as K.S., was pulled over by Gates Sept. 30, 2019. 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. The ordeal was enough for someone to call Loveland police to the scene, according to the lawsuit. The suit claims that S.S. believed Hall had been cheating on her, so she summoned up the courage to confront him. During this interaction, the suit says, she demanded he return several items of her property and, after he said they had never been dating so he wasnt actually cheating on her, she slapped him and left on her bike, sobbing. 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.. I was helpless. Were not (going to) shoot your dog; knock it off, Sychla can be heard saying. The charges were dismissed by the Larimer County District Attorneys Office. 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. 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 adds that, per LPD policy on handcuffing, people 14 or younger should not be restrained unless they are suspected of a dangerous felony.. 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. 2021 CBS Broadcasting Inc. All Rights Reserved. The civil lawsuit alleges Loveland police officer William Gates falsely arrested Harris Elias on suspicion of DUI while driving in midtown Fort . 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. The city said the findings of the latest review will be made public once it is complete. Schielke also said she wanted to ensure the officers who were involved were held accountable and forced to change.. Officers Wood and Dunlap eventually got her into handcuffs and arrested her for investigation of charges of harassment, domestic violence, obstruction and resisting arrest. Share with Us. 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 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. Last year, the city of Loveland paid a $3 million settlement to the woman, Karen Garner. 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 city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. The first roughly 21 pages share Elias story of his arrest the night of Jan. 4, 2020. This is not the first time the department has faced an excessive use of force lawsuit for actions of its officers. Loveland is not a safe place for grandparents. Loveland Police Department officers Jeremiah Wood and Evan Dunlap arrest a 14-year-old girl in Loveland in June of 2020. It also included information on timed DUI arrest competitions put on by MADD that LPD is a part of. The suit claims that during this, S.S. hit her head more than once, ultimately causing a concussion. 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. 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. Anyone can read what you share. They had yelled at each other, which caused someone to call the police, according to the lawsuit. View this page in Standard (full site) format. 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. Police were . She pretty much sticks to herself, stays at home, stays out of trouble, he said. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. Two officers Dunlap and Wood responded and spoke to the girl and young man, as well as other witnesses. 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. All Rights Reserved. COLORADO DOCUMENTARY PROJECT Speak out! Both videos can be found on the Life and Liberty Law Office YouTube page. 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. Sowls arrest in September 2019 was capturedon body camera footage, released by Sowls attorney Sarah Schielke. 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. The officers asked him to call his daughter outside, saying they just wanted to talk to her. Get on the ground, an officer yells, pointing a Taser at Mr. Siers and then firing it. 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. 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. 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. Copyright 2022 Scripps Media, Inc. All rights reserved. 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. You have permission to edit this article. 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. Im a canine officer, dude.. 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. His attorney says the injury required Sowl to undergo shoulder replacement surgery. This includes several pictures of Facebook posts showing Gates or Hill being awarded for their DUI enforcement work. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. 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 also represented Karen Garner and her family in that case, which led to a $3 million settlement last year. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. ), First published on January 27, 2021 / 4:46 PM. Following the footage of the arrest the video stated that the event was reviewed by LPD chain of command and deemed reasonable and justified.. And it claims that Dunlap and Wood arrested the girl without a warrant and used excessive force. Dutka, an active duty military member, was driving a rental car and did not realize a headlight was out. I've never been in a situation quite like that before, Siers said. 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. "Any complaint leveled against our personnel is taken seriously," the department said in a statement. 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. It also included that 1,352 of the drivers he pulled over 84% of his stops were let off with just a warning. And why would they? 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. 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. At one point in the interaction, Sowl can be heard telling Ashe, I dont know what happened. There was a problem saving your notification. Sychla handcuffed Siers, who was still pleading to have officers let him take his dog inside. 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 officers then approached Mr. Siers and asked him to stop resisting, according to the body camera footage. But the fact that it doesnt tells the whole story. Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorneys Office dismissed the charges, according to the lawsuit. Subscribe to Colorado Politics today! Talmadge's roommate reported that Talmadge assaulted him and Talmadge resisted when officers told him he was under arrest. The biggest threat to the safety of the Loveland community is - and continues to be - the Loveland Police Department itself. 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. "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. Living at Kimberly Court can seem like living in the most convenient location in Boulder. 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. 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. Keep it Clean. Notifications from this discussion will be disabled. 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. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. The city said Ashe violated three department policies and procedures:. (Courtesy of the Life and Liberty Law Office) The suit adds that, per. Mr. Siers and his lawyer said they would not accept a settlement and expected to take the case to a jury. 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. Police. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights 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.. 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. He called them back, and officers came back to his home while he was outside working on his daughters bike. The suit claims that Siers and S.S. are seeking declaratory relief and economic damages as well as compensatory damages, among other things, through a jury trial. By Keith Coffman. Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. Watching my daughter go through this, I mean, I was terrified, Mr. Siers said by phone on Thursday. 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. 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. According to the suit, S.S., who was 14 years old at the time, lived with Siers at their home in Loveland. Give Light and the People Will Find Their Own Way, brought in to assess the Loveland Police Department. The city, in response, said it will conduct an independent review and maintained that it is committed to accountability. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. The vast majority of cases named in the complaint also say the charges were dismissed. Permalink. Please avoid obscene, vulgar, lewd, Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. 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