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An internal review determined the officer was not justified in arresting a witness who refused to answer his questions. The city, in turn, has announced it will re-hire consulting company Jensen Hughes to investigate the incident. 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. led to a $3 million settlement last year. Loveland is not a safe place for pets. 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. 2023 www.coloradoan.com. 2023 www.coloradoan.com. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. She begged the officers to let her grab a tampon, but they told her no, causing her to flail and then collapse on the ground in tears, the lawsuit states. He also added that Skippy had bitten one of the officers involved. 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. Body camera footage then shows an officer yanking Skippys collar and pulling him off the ground as Mr. Siers yells, Dont choke my dog!, Im not choking, the officer says. 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. Chief Ticer and Sergeant Hill did not care about these poor innocent people Gates was victimizing without consequence, the complaint said. 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. Colorado Politics is published both in print and online. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. Were stuck on Groundhog Day, basically, she said. LOVELAND, Colo. (AP) - An excessive force lawsuit filed against the city of Loveland and four of its police officers has been settled for $290,000. The complaint also 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. 2021 CBS Broadcasting Inc. All Rights Reserved. As a subscriber, you have 10 gift articles to give each month. Sowl said he needed shoulder replacement surgery after the incident. 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. 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. The Loveland Reporter-Herald reports Preston Sowl claimed the officers violated his constitutional rights by detaining and injuring him after he declined to talk to them while at the scene of an accident in September 2019. 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. It's worse for POC's, but the cops are just generally out of control in a lot of places, Slogan Defund The Police is demonized by even the left but police pay out this gob smacking amounts. 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. 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. Shes a good kid.. Be Truthful. "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. When S.S. admitted to them that she had slapped the boy, Officer Wood said that she was under arrest, the lawsuit states. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. 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 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. The arrest startled her father, Jon Siers, who repeatedly told the officers that what they were doing was completely wrong, the lawsuit states. I bet at this point Loveland wishes each of these events could involve the same officers, she said. The charges against them were eventually dismissed, Ms. Schielke said. Sychla handcuffed Siers, who was still pleading to have officers let him take his dog inside. 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.. She was on her period that day and felt scared by the thought of bleeding all over a police car or jail cell, the lawsuit states. All rights reserved. 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. 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. A Loveland law office has filed a federal civil rights lawsuit against the Loveland Police Department and the officers involved in Garner's arrest after it allegedly caused a fractured and dislocated shoulder along with other injuries. 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. Time for the same rules to apply to police, https://www.coloradoan.com/story/news/2021/01/28/loveland-police-settle-excessive-force-lawsuit-290-k/4294396001/, This cops are always repeat offenders and they keep getting assigned to patrolling citizens, Good. 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. But the fact that it doesnt tells the whole story. Officers Wood and Dunlap, who had asked for backup, arrived outside Mr. Sierss home later that day and asked to speak with his daughter. As S.S. watched this from a few feet away, she began having a panic attack, the lawsuit states. 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. 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.. 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. We hope you will find useful information in the links on the left. The ordeal was enough for someone to call Loveland police to the scene, according to the lawsuit. Skippy can be seen in the video trying to pull its way over to him. 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.. 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. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. At one point in the interaction, Sowl can be heard telling Ashe, I dont know what happened. She pretty much sticks to herself, stays at home, stays out of trouble, he said. 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. Get browser notifications for breaking news, live events, and exclusive reporting. "Force is not reasonable when a suspect is non-violent, not resisting, not fleeing, or poses no threat.". 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.. I'm not talking to nobody.". 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 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. 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. When the officers arrived, the suit says, Siers was found in front of the house working on S.S.s bike. 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. Schielke said she filed Elias original complaint quickly as to avoid the statute of limitations closing. Phil Metzler, have been. Be Proactive. Police said the witness then said he had not pulled the motorcycle off the rider and refused to answer any more questions, saying it was his constitutional right not to talk. Your California Privacy Rights / Privacy Policy. The city said Ashe violated three department policies and procedures:. Copyright 2022 Scripps Media, Inc. All rights reserved. In that video, Sychla can be heard explaining to Siers why he used force, explaining he wasnt sure what the Siers intentions were. They treat animals like trash. According to the report of an internal affair, the Loveland Police Department (LPD) responded to a report of a motorcycle crash that turned out to be a rider who had lost his balance while stopped. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. Garner's arrest drew national attention after body camera footage released by her family's lawyer showed former Loveland Police Department officer Austin Hopp forcibly detain the then. 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. I was helpless. 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And that starts with getting rid of every supervisor at LPD who approved of the violence in this video, she said. The city said the findings of the latest review will be made public once it is complete. racist or sexually-oriented language. For Siers and his daughter, they have both lost and continue to lose sleep while not feeling safe in their home, with S.S. suffering panic attacks and insomnia the suit says. 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. Sowl's arrest in September 2019 was capturedon body camera footage, released by Sowl's attorney Sarah Schielke. 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. We need you. But instead of allowing that, Officer Sychla shoved Siers, according to the lawsuit. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. Siers had his two dogs outside on leashes at the home, according to the suit. Keep it Clean. 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. accounts, the history behind an article. As Siers continued to try to get the dog, Sychla failed to put Siers into an arm hold and pushed him to the ground, then pushed him again, the suit says. (Courtesy of the Life and Liberty Law Office) The suit adds that, per. He also claimed the encounter demonstrated a "serious training issue" with the Loveland Police Department. 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.. 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 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. Defund the police was the wrong slogan. 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. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Police were . After asking if Hall wanted to press charges, telling him he would need to fill out some information in a packet, Hall said he would rather just pass., The suit claims that despite Halls decision to not press charges, Dunlap decided to use the slap as a chance for Officer Wood to get more experience practicing a domestic violence arrest.. A screen capture from body-worn camera video of Karen Garner's 2020 arrest and a portrait of Loveland Police Chief Bob Ticer. It was unclear if the officers had lawyers, and the Loveland Police Department did not immediately respond to calls seeking comment on Thursday. You have permission to edit this article. Sowl said he needed shoulder replacement surgery after the incident, according to the lawsuit. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. 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. You know, I dont know quite what, but some kind of change. Four officers were there in total, the lawsuit states. Colorado Supreme Court ruling makes more police internal investigations accessible. 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 and his lawyer said they would not accept a settlement and expected to take the case to a jury. The father of a teenage girl filed a lawsuit on Wednesday against three police officers in Loveland, Colo., who arrested her in 2020, saying the men used excessive force when they slammed the 14-year-old onto concrete, fired a Taser at him and choked the familys Jack Russell terrier. This material may not be published, broadcast, rewritten, or redistributed. / CBS Colorado. Brian Bartnes. I've never been in a situation quite like that before, Siers said. By Keith Coffman. Both videos can be found on the Life and Liberty Law Office YouTube page. 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. Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorneys Office dismissed the charges, according to the lawsuit. The accident turned out to be a man losing his balance on his motorcycle and falling over. 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. 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. 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. "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 Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. The suit claims Sychla also attempted to conduct a hold maneuver to stop Siers, an attempt that was unsuccessful.