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. The city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. The city said Ashe violated three department policies and procedures:. A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint claims. So, I didn't know quite how to react.. The lawsuit states that Officers Wood and Dunlap slammed her into the concrete stairway outside the home and pushed her against a brick wall. I was helpless watching my daughter getting manhandled by three other police officers. Get an email notification whenever someone contributes to the discussion. Another person, identified as K.S., was pulled over by Gates Sept. 30, 2019. Shes a good kid.. 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. They treat people like animals. led to a $3 million settlement last year. Living at Kimberly Court can seem like living in the most convenient location in Boulder. 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. 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.. 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. I need to put a tampon in, she yells, using an expletive. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Our website features subscriber-only news stories daily, designed for public policy arena professionals. Phil Metzler, have been. 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. The complaint also includes 20 instances from other residents claiming that they were wrongfully arrested; the complaint adds the ones listed were just some of arrests made by Hill and Gates. 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. 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.. 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. They hurt families and destroy lives, Schielke said in a statement. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. Thank you for your interest in the Loveland Police Department. 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 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. I felt helpless just watching them manhandle my daughter the way they did.. That night Gates pulled Elias over in Fort Collins and, ultimately, Gates arrested Elias for DUI. The suit also claims Sychla falsified and exaggerated facts in the police report involving Siers. Your California Privacy Rights / Privacy Policy. All the investigation and work we were putting in to get a peek at the tip of the iceberg was taking forever, she said. 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. Secure your subscription to Colorados premier political news journal, in continuous publication since 1898. Colorado Politics is published both in print and online. Following Schielkes early Wednesday release, the city published its own response to the event, stating that it will have Jensen Hughes conduct an independent investigation of the incident. Nicole Yost, a spokeswoman for the city of Loveland, said she did not know who was representing the officers. "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. Get browser notifications for breaking news, live events, and exclusive reporting. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. racist or sexually-oriented language. City of Loveland via YouTube/ lovgov.org On September 7, the City. 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. "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. Emergency medical personnel arrived, along with police officers from the Loveland Police Department. Schielke said she filed Elias original complaint quickly as to avoid the statute of limitations closing. This material may not be published, broadcast, rewritten, or redistributed. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. 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. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. 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. An excessive force lawsuit filed against the Loveland Police Department has been settled for nearly $300,000. Talmadge's roommate reported that Talmadge assaulted him and Talmadge resisted when officers told him he was under arrest. "Indeed, the Amended Complaint lacks even a single allegation of how any specific officer touched Mr. Talmadge or engaged in force that was in excess of what was required to arrest him.". But Schielke states in the lawsuit several times the officers were bored and that Loveland police superiors had an unspoken practice of requiring officers to finish at least 10 citations each day in order to get promoted and onto the best shifts. Be Nice. 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. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. While both Siers and S.S. can be heard screaming to not choke my dog, Sychla responds by saying he is a K-9 officer. We provide you with the latest news and videos straight from the Mile High City! 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. Mr. Siers then asked the officers to stop, saying she was just a child. 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. 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. 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. 2023 CBS Broadcasting Inc. All Rights Reserved. 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. 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. They were both also making their very own wrongful DUI arrests during this time. Use the 'Report' link on He submitted to another breath test at the station on a certified Intoxilyzer machine and blew a 0.028%. We'd love to hear eyewitness Loveland is not a safe place for grandparents. 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. Mr. Siers said his daughter had nightmares for months. 9NEWS is not naming the witness because he is not being accused of a crime. And why would they? The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. Sarah Schielke of the Life and Liberty Law Office filed a lawsuit against the department and three of its officers Jeremiah Wood, Matt Sychla and Evan Dunlap for the arrest of Jon Siers and his daughter, only named as S.S. in the suit, in front of their home in Loveland in June of 2020. 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. 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. The first roughly 21 pages share Elias story of his arrest the night of Jan. 4, 2020. All rights reserved. Ashe detained Sowl for not answering his questions, twisting his arm behind his back and pushing his face into the ground. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. Schielke and Sowl were not able to answer any additional questions about the settlementdue to the agreement with Loveland, according to the news release. 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. 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. I'm not talking to nobody.". Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." Loveland Police Department officers Jeremiah Wood and Evan Dunlap arrest a 14-year-old girl in Loveland in June of 2020. 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. In an image taken from police body camera video, a 14-year-old girl is arrested at her home in Loveland, Colo., in 2020. 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. We need you. By law, if I see an OSHA violation and fail to act,I can be held personally responsible. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. 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. 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. By: Colette Bordelon Posted at 7:17 PM, Mar 31, 2022 and last updated 6:17 PM, Mar 31, 2022 Notifications can be turned off anytime in the browser settings. Eventually, Sychla deployed his Taser on Siers and continued to shock him for over five seconds, the lawsuit claims. 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 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. They treat animals like trash. Loveland Police Department is located at 810 E 10th Street, Loveland, CO 80537 map Lobby hours: Monday through Friday 8am-5pm The LPD lobby is a safe place for online sales transactions and custody exchanges. I'm not talking to nobody.". accounts, the history behind an article. The city, in turn, has announced it will re-hire consulting company Jensen Hughes to investigate 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. Hill said she could smell alcohol in Dutkas vehicle, which Dutka explained was due to a drunk friend whom she had driven home. 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.. 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. $300K seems really low given the cost of the medical treatment and pain and suffereing. 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. 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. "Any complaint leveled against our personnel is taken seriously," the department said in a statement. 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. It also included that 1,352 of the drivers he pulled over 84% of his stops were let off with just a warning. Loveland Police Department, via The Life & Liberty Law Office. Example video title will go here for this video. 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. (Courtesy of the Life and Liberty Law Office) The suit adds that, per. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. Threats of harming another He called them back, and officers came back to his home while he was outside working on his daughters bike. I was mad. According to the complaint, Emily Dutka, who had previously gone public about her arrest, was pulled over by Hill in May of 2020. 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. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. You know, I dont know quite what, but some kind of change. The state's second-highest court on Thursday overturned a man's conviction for disarming a police officer, determining that Colorado law does . The biggest threat to the safety of the Loveland community is - and continues to be - the Loveland Police Department itself. Following the footage of the arrest the video stated that the event was reviewed by LPD chain of command and deemed reasonable and justified.. Anyone can read what you share. 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 . 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. Give Light and the People Will Find Their Own Way, brought in to assess the Loveland Police Department. Longmont landscaper under scrutiny after new complaints, Carreras Tacos Bring West Coast Mexican with a Competitive Edge, Murdaughs fall from grace ends in life sentence for murder, Former clerk Tina Peters found guilty on obstruction charge, Boulder police seek person of interest in womans shooting near CU Boulder. The video below is police bodycam footage from the incident. The next thing Talmadge recalled was being at the hospital. 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.. The complaint claims Gates said he could smell alcohol coming from the vehicle and that K.S. The attorney representing Karen Garner and her family released a video Monday of officers discussing and joking about injuring Garner after her arrest. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police.