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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.. According to the report of an internal. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. 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. 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. 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. Officers Wood and Dunlap, who had asked for backup, arrived outside Mr. Sierss home later that day and asked to speak with his daughter. 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. Brian Bartnes. 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. Police are strengthening their checks of motorcycles and mopeds at the start of spring. Sady Swanson covers public safety, K-12 education and more throughout Northern Colorado. https://www.reporterherald.com/2020/06/22/man-sues-loveland-police-department-alleging-excessive-force/?fbclid=IwAR1nA4PCQglIk6_WZnOrE2Hy6S3zGZ5L5-sxQFW2_D4aHA1QedY48JlaYu0, https://pmatep5f7b.execute-api.us-east-1.amazonaws.com/ProdStage. In Ticer's presentation to the. He also claimed the encounter demonstrated a "serious training issue" with the Loveland Police Department. The biggest threat to the safety of the Loveland community is - and continues to be - the Loveland Police Department itself. "Any complaint leveled against our personnel is taken seriously," the department said in a statement. U.S. Magistrate Judge Scott T. Varholak noted that Talmadge had failed to allege which officers did what, meaning his excessive force claim was not viable under the law. Be Nice. The city, in turn, has announced it will re-hire consulting company Jensen Hughes to investigate the incident. S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. In this section, the complaint says that Gates, who transferred from the Greeley Police Department to the LPD in 2018, hit the ground running with prolific DUI arrests. The complaint claims that in 2018 he had more than 50 DUI arrests, 130 in 2019 and 110 in 2020 despite the pandemic. When the officers arrived, the suit says, Siers was found in front of the house working on S.S.s bike. 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. Sierss daughter tried to get to her dad, but officers continued to try to put her into handcuffs. Create new account | My Profile | My Account | My Bookmarks | My Inbox | Help | Log in, Back to top Alert Link here Loveland City Manager Steve Adams said the city was also releasing its own video from the ordeal and that while the city initially reviewed and deemed appropriate at the time the actions of the officers, but was now taking a second outside look at the incident in our efforts to ensure we are policing in a respectful and proper manner., As we move forward on our accountability efforts launched in 2021, best practices in law enforcement will be maintained and we are committed to accountability if those standards are not upheld.. The accident turned out to be a man losing his balance on his motorcycle and falling over. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. Email notifications are only sent once a day, and only if there are new matching items. "Accordingly, Plaintiffs illegal arrest claim is barred by Heck.". 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. 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. each comment to let us know of abusive posts. The lawsuit alleged that Sowl declined to provide more information when asked and was injured while being detained. Copyright 2022 Scripps Media, Inc. All rights reserved. Colorado Supreme Court ruling makes more police internal investigations accessible. 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.. Be Truthful. You know, it's just, it's horrifying, terrifying, Siers said in an interview Wednesday. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. Loveland Police Department, via The Life & Liberty Law Office. Get browser notifications for breaking news, live events, and exclusive reporting. It also included that 1,352 of the drivers he pulled over 84% of his stops were let off with just a warning. The ordeal was enough for someone to call Loveland police to the scene, according to the lawsuit. One of them, a Jack Russell terrier, started barking at the officers when they were trying to get the daughter into handcuffs. I was mad. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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. 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. Want the real scoop? that is degrading to another person. 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. 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. This included slamming her body and limbs down into concrete multiples times, the lawsuit says. All rights reserved. Clint Schnorrand Sgt. A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint claims. According to the Associated Press, Garcia said the settlement states the city and officers do not admit any guilt in this case. Anyone can read what you share. Sowl's arrest in September 2019 was capturedon body camera footage, released by Sowl's attorney Sarah Schielke. RM W79EWX - Feldjger, the military police of the Bundeswehr, Germany's armed forces. Notifications can be turned off anytime in the browser settings. They were both also making their very own wrongful DUI arrests during this time. 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. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. The first roughly 21 pages share Elias story of his arrest the night of Jan. 4, 2020. (Courtesy of the Life and Liberty Law Office) The suit adds that, per. Colorado Politics is published both in print and online. 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. Loveland resident Pretson Sowl filed the lawsuit against the city of Loveland, Loveland Police Department and Loveland police officers Paul Ashe andBenjamin DeLima, Det. 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. 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.. 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. Defund the police was the wrong slogan. 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.. 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.. But the fact that it doesnt tells the whole story. 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. As S.S. watched this from a few feet away, she began having a panic attack, the lawsuit states. 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. I was getting my dog, Siers can be heard screaming in the video. person will not be tolerated. Don't knowingly lie about anyone Four officers were there in total, the lawsuit states. The official filing of the amended complaint comes quickly after the LPD announced that it would be launching an outside, professional review of its DUI enforcement program; Schielke said she had informed the department of the amended complaint two weeks ago. I couldn't do anything. While all cases referred to each person only with initials and no full names, stories mirrored what Elias went through in early 2020. Schielke and Sowl were not able to answer any additional questions about the settlementdue to the agreement with Loveland, according to the news release. 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. 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.. but it can also be stressful. City of Loveland via YouTube/ lovgov.org On September 7, the City. 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. 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. S.S. can be heard crying and yelling in the background. The suit claims Sychla also attempted to conduct a hold maneuver to stop Siers, an attempt that was unsuccessful. I bet at this point Loveland wishes each of these events could involve the same officers, she said. 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. 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. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. 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. Loveland is not a safe place for pets. 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. 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. Federal judge tosses man's excessive force lawsuit against Loveland police, Appeals court finds police baton does not fall under law against disarming officers, Federal judge considers whether wrongful arrest in Aurora rises to constitutional violation, Judge allows lawsuit to proceed against Colorado Springs officer who tased son of congressional candidate, Federal judge refuses to halt lawsuit involving Loveland officer's shooting of pet dog, Polis signs Bradfield's prescriptive authority for psychologists bill | FOCUS ON THE SPRINGS, Colorado Senate Republicans tap their inner 'Mean Girls' | CAPITOL M. 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. 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. The incident drew interest from nearby residents resulting in someone calling the LPD. 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.. I am a first responder. Threats of harming another Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. Police. To always use Standard format on my mobile device: Go to My Account, About | Copyright | Privacy | Terms of service | Contact. 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. 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. 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. $300K seems really low given the cost of the medical treatment and pain and suffereing. 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. 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. 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. 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. The roof of a police patrol car at night, with the blue and red lights flashing. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 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. 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. Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. We'd love to hear eyewitness 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. They treat people like animals. There was a problem saving your notification. "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. She also represented Karen Garner and her family in that case, which led to a $3 million settlement last year. 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 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. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. I was helpless. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Be Proactive. Police were . 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. Best practices in law enforcement will be maintained and we are committed to accountability if those standards are not upheld, he said. 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. This, she said, is something she hopes is exposed and ultimately ended. Emergency medical personnel arrived, along with police officers from the Loveland Police Department. Although Christopher Talmadge claimed that he was nonviolent and "minding his own business" when police reportedly slammed his head into his driveway, the city pointed to an affidavit the night of Talmadge's arrest indicating that he had assaulted his roommate and resisted officers. He called them back, and officers came back to his home while he was outside working on his daughters bike. You know, I dont know quite what, but some kind of change. That night Gates pulled Elias over in Fort Collins and, ultimately, Gates arrested Elias for DUI. 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. 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. MORE COVERAGE:NISP opponents sue Larimer County commissioners over permit approval. 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. 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. Subscribe to Colorado Politics today! 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. 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. And it claims that Dunlap and Wood arrested the girl without a warrant and used excessive force. or anything. Excessive force lawsuit filed against Loveland police settled for $290K 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. And that starts with getting rid of every supervisor at LPD who approved of the violence in this video, she said. DENVER OK is your Colorado news, entertainment, music & fashion website. Reach him at afleskes@prairiemountainmedia.com or on Twitter @Austinfleskes07. By Elise Schmelzer | PUBLISHED: March 2, 2022 at 3:24 p.m. | UPDATED: March 2, 2022 at 3:26 p.m. ), First published on January 27, 2021 / 4:46 PM. 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. And why would they? 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. This includes several pictures of Facebook posts showing Gates or Hill being awarded for their DUI enforcement work.