Copyright 2022 Scripps Media, Inc. All rights reserved. had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. 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. 2023 www.coloradoan.com. 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. 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. 2023 CBS Broadcasting Inc. All Rights Reserved. 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. Officers Wood and Dunlap, who had asked for backup, arrived outside Mr. Sierss home later that day and asked to speak with his daughter. Living at Kimberly Court can seem like living in the most convenient location in Boulder. 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. The complaint goes on to say that Ticer and the LPD had a history of giving awards and recognition for high DUI arrests, including reporting the arrest numbers to agencies like Mothers Against Drunk Driving. It also included that 1,352 of the drivers he pulled over 84% of his stops were let off with just a warning. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. "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. 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.. It also included information on timed DUI arrest competitions put on by MADD that LPD is a part of. 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. 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. Be Nice. 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. On June 20, 2020, S.S. bicycled back to her fathers home, heartbroken over the confrontation she had with the boy hours earlier. 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. Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. Give Light and the People Will Find Their Own Way, brought in to assess the Loveland Police Department. At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. This includes several pictures of Facebook posts showing Gates or Hill being awarded for their DUI enforcement work. The video below is police bodycam footage from the incident. 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. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. Were not (going to) shoot your dog; knock it off, Sychla can be heard saying. Dutka, an active duty military member, was driving a rental car and did not realize a headlight was out. Sady Swanson covers public safety, criminal justice, Larimer County governmentand more throughout Northern Colorado. 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. Were stuck on Groundhog Day, basically, she said. Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." "The settlement ends the continuation of lengthy and expensive litigation, and resolution is deemed to be in the best interest of all parties,"Schielke said in the release. Following the footage of the arrest the video stated that the event was reviewed by LPD chain of command and deemed reasonable and justified.. 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.. 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. Notifications from this discussion will be disabled. 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. 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.. Don't Threaten. 2023 www.coloradoan.com. I feel that there needs to be a change in law enforcement, Mr. Siers said. The Moving can be an exciting experience. Police are strengthening their checks of motorcycles and mopeds at the start of spring. Our interviews with LPD staff revealed that they would like to be more involved with community members and community organizations, but do not have time to engage in these activities or problem solving because of the Departments emphasis on its data-driven strategies and the need to produce daily numbers of enforcement actions, the complaint quotes from the report. Chief Ticer and Sergeant Hill did not care about these poor innocent people Gates was victimizing without consequence, the complaint said. Colorado Supreme Court ruling makes more police internal investigations accessible. The city said the findings of the latest review will be made public once it is complete. While all cases referred to each person only with initials and no full names, stories mirrored what Elias went through in early 2020. Your California Privacy Rights / Privacy Policy. I was getting my dog, Siers can be heard screaming in the video. The case was settled for $290,000, City Attorney Moses Garcia said. 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. The officers then approached Mr. Siers and asked him to stop resisting, according to the body camera footage. 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. And that starts with getting rid of every supervisor at LPD who approved of the violence in this video, she said. In Ticer's presentation to the. 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. 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. S.S. can be heard crying and yelling in the background. Get browser notifications for breaking news, live events, and exclusive reporting. Talmadge's roommate reported that Talmadge assaulted him and Talmadge resisted when officers told him he was under arrest. It was unclear if the officers had lawyers, and the Loveland Police Department did not immediately respond to calls seeking comment on Thursday. According to the Associated Press, Garcia said the settlement states the city and officers do not admit any guilt in this case. arrested him for refusing to answer questions as a witness about a motorcycle crash outside a Loveland bar Sept. 22,2019. According to the complaint, the arrest destroyed her life, derailing her military career as she was not able to be deployed until her case was resolved, and devastated her marriage. Two months later, the complaint said, her blood results came back with a BAC of 0.02% and the case was dismissed. We need you. 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. "Mr. Talmadge was minding his own business, and did not pose a danger to himself or others," Talmadge wrote in his complaint. RM W79EWX - Feldjger, the military police of the Bundeswehr, Germany's armed forces. I am a first responder. The vast majority of cases named in the complaint also say the charges were dismissed. 3 min read. Reach him at afleskes@prairiemountainmedia.com or on Twitter @Austinfleskes07. He submitted to another breath test at the station on a certified Intoxilyzer machine and blew a 0.028%. This material may not be published, broadcast, rewritten, or redistributed. person will not be tolerated. I need to put a tampon in, she yells, using an expletive. 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. A blood test also later showed no impairing substances and the District Attorneys office dismissed the DUI charges, the complaint claims. 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. As S.S. watched this from a few feet away, she began having a panic attack, the lawsuit states. 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. 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. Siers was also arrested for investigation of obstructing a peace officer and resisting arrest, but the district attorneys office also dismissed those charges. 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. Clint Schnorrand Sgt. After going through roadside tests Hill arrested Dutka and took her for a blood test. His attorney says the injury required Sowl to undergo shoulder replacement surgery. 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 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. When S.S. admitted to them that she had slapped the boy, Officer Wood said that she was under arrest, the lawsuit states. 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. She also represented Karen Garner and her family in that case, which led to a $3 million settlement last year. 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. 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. 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. The suit says the girl suffered cuts, scrapes, bruises and a concussion during the ordeal. To always use Standard format on my mobile device: Go to My Account, About | Copyright | Privacy | Terms of service | Contact. Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorneys Office dismissed the charges, according to the lawsuit. According to the suit, S.S., who was 14 years old at the time, lived with Siers at their home in Loveland. As a subscriber, you have 10 gift articles to give each month. 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. The officers asked him to call his daughter outside, saying they just wanted to talk to her. "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. Anyone can read what you share. At one point in the interaction, Sowl can be heard telling Ashe, I dont know what happened. Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. ), First published on January 27, 2021 / 4:46 PM. I'm not talking to nobody.". When they discovered that neither Siers nor his daughter were home, they left. He also added that Skippy had bitten one of the officers involved. 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. According to the suit, the event caused emotional and physical trauma to not only Siers and S.S. but also Skippy. Emergency medical personnel arrived, along with police officers from the Loveland Police Department. 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. That night Gates pulled Elias over in Fort Collins and, ultimately, Gates arrested Elias for DUI. Secure your subscription to Colorados premier political news journal, in continuous publication since 1898. $300K seems really low given the cost of the medical treatment and pain and suffereing. Both videos can be found on the Life and Liberty Law Office YouTube page. 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. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. 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. She said, at the time, her records requests were not being fulfilled quickly enough to file before time ran out. Schielke indeed did release the video on YouTube, as well as the lawsuit she said was filed Wednesday in Larimer County District Court on behalf of Jon Siers and his daughter. I bet at this point Loveland wishes each of these events could involve the same officers, she said. Let there be no mistake: Loveland is not a safe place for children. 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. Whether movers in Fort Collins are helping you Austin Fleskes joined the Reporter-Herald team in August 2020 as the newsroom's public safety reporter. I appreciate the difficult, challenging, and often dangerous roles that LPD officers undertake to keep our community safe, and I want to express my gratitude to the men and women of LPD for taking on this important work and for continuing in our larger efforts to improve community policing to best serve our community, Adams said in the release. I was scared. led to a $3 million settlement last year. Austin Hopp, the officer who threw Ms. Garner, pleaded guilty to assaulting her in March and was sentenced to five years in prison. 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. 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.. And why would they? 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. 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. Sowls arrest in September 2019 was capturedon body camera footage, released by Sowls attorney Sarah Schielke. 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 . Colorado Portal and News | Denverok.com, Colorado Portal | News | Classifieds | Cars. Thank you for visiting. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today. Loveland is not a safe place for grandparents. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. 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. 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. The city said Ashe violated three department policies and procedures:. The arrest startled her father, Jon Siers, who repeatedly told the officers that what they were doing was completely wrong, the lawsuit states. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Im a canine officer, dude.. 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.. 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. This material may not be published, broadcast, rewritten or redistributed. 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. ( Copyright 2021 The Associated Press. I've never been in a situation quite like that before, Siers said. RM D5WCP3 - A police officer stops cars at a special checkpoint in Berlin, Germany, 09 April 2013. 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. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. accounts, the history behind an article. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. No wonder why you guys get a bad rap, Siers can be heard saying when Sychla returns to him on the ground. Four officers were there in total, the lawsuit states. There was a problem saving your notification. 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. 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 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. 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. A civil lawsuit was filed against the Loveland Police Department and City of Loveland after a police officer shot a couple's 14-month-old dog. The release added the findings from this review will be made public when the investigation is completed. 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. 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. Schielke also said she wanted to ensure the officers who were involved were held accountable and forced to change.. 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. January 27, 2021 / 4:46 PM You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. 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. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. 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. 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. Mr. Siers was later charged with resisting arrest; his daughter was charged with harassment, domestic violence, obstruction and resisting arrest. 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.. Sowl said he needed shoulder replacement surgery after the incident, according to the lawsuit. I was helpless. 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. In an image taken from police body camera video, a 14-year-old girl is arrested at her home in Loveland, Colo., in 2020. 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. Shes a good kid.. Police. 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. DENVER OK is your Colorado news, entertainment, music & fashion website. They treat animals like trash. Sychla handcuffed Siers, who was still pleading to have officers let him take his dog inside. Talmadge allegedly told responding officers what had happened and they left. 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.
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