In a news release and in discussions with the Reporter-Herald, Schielke described the arrest as senseless and needless violence. There was a problem saving your notification. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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. 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. When Siers returned home from work that day, he saw several missed calls from the LPD and called them back, telling them he and his daughter were at their home; this led to the three officers named in the suit responding to the residence. The. 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 federal lawsuit, filed in U.S. District Court, alleged Sowls' First, Fourth and Fourteenth Amendments were violated, according to a news release fromSchielke. 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. An internal review determined the officer was not justified in arresting a witness who refused to answer his questions. 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 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 lawsuit alleged that Sowl declined to provide more information when asked and was injured while being detained. $300K seems really low given the cost of the medical treatment and pain and suffereing. I couldn't do anything. In Ticer's presentation to the. The lawsuit alleges officers injured Garner when they arrested her in June 2020 for alleged petty theft. Mr. Siers and his lawyer said they would not accept a settlement and expected to take the case to a jury. 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. Last year, the city of Loveland paid a $3 million settlement to the woman, Karen Garner. 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. 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. And that starts with getting rid of every supervisor at LPD who approved of the violence in this video, she said. 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. Please avoid obscene, vulgar, lewd, The biggest threat to the safety of the Loveland community is - and continues to be - the Loveland Police Department itself. RM D5WCP3 - A police officer stops cars at a special checkpoint in Berlin, Germany, 09 April 2013. Be Truthful. 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. Were stuck on Groundhog Day, basically, she said. You know, I dont know quite what, but some kind of change. S.S. can be heard crying and yelling in the background. Let there be no mistake: Loveland is not a safe place for children. 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 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 city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. 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 ordeal was enough for someone to call Loveland police to the scene, according to the lawsuit. Colorado Portal and News | Denverok.com, Colorado Portal | News | Classifieds | Cars. "Accordingly, Plaintiffs illegal arrest claim is barred by Heck.". At one point in the interaction, Sowl can be heard telling Ashe, "I don't know what happened. Sowl said he needed shoulder replacement surgery after the incident. View this page in Standard (full site) format. S.S. can then be heard yelling that she needs to get a tampon, body camera footage shows. During this, the suit claims, S.S. began screaming while suffering from a panic attack. Varholak allowed Talmadge, who represented himself in court, to refile his lawsuit by June 6 if Talmadge wished to bolster any of his claims that the magistrate judge found lacking. 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. Players given Kratom by Colorado coach, police say, Skier Shiffrin's quest for 86th win extended after downhill, 77 inches of snow fall at Colorado ski area in 9 days, City of Loveland chooses firm to conduct independent review after arrest of Karen Garner, Former Loveland officer faces assault charge, accused of writing inaccurate reports related to Karen Garner's arrest, Karen Garner's family feels more 'concern than relief' after charges announced against officers, Policy 1.02: Limits of Authority and Exercise of Discretion. Talmadge's roommate continued to remain in the home, allegedly telling Talmadge: "You will leave before I do.". Schielke also said she wanted to ensure the officers who were involved were held accountable and forced to change.. After grabbing witness statements from people in the area, including a statement from Hall where he said the incident did not cause him physical pain, the officers attempted to call S.S. and Siers to no success. The state's second-highest court on Thursday overturned a man's conviction for disarming a police officer, determining that Colorado law does . Once in the driveway, an unidentified officer reportedly told Talmadge to face the garage, prompting Talmadge to ask if he was under arrest. Siers had his two dogs outside on leashes at the home, according to the suit. At one point in the interaction, Sowl can be heard telling Ashe, I dont know what happened. The arrest startled her father, Jon Siers, who repeatedly told the officers that what they were doing was completely wrong, the lawsuit states. "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. 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. Both the Garner and Sowl cases were brought to light through Schielke and the Life and Liberty Law Office. Living at Kimberly Court can seem like living in the most convenient location in Boulder. The incident drew interest from nearby residents resulting in someone calling the LPD. The charges were dismissed by the Larimer County District Attorneys Office. And why would they? had 6 out of 6 clues of impairment and he blew a 0.042% on a preliminary breath test; he was arrested for DUI. Photo: Paul Zinken. COLORADO DOCUMENTARY PROJECT Speak out! Best practices in law enforcement will be maintained and we are committed to accountability if those standards are not upheld, he said. Police were . Don't knowingly lie about anyone So, I didn't know quite how to react.. Keep it Clean. And it claims that Dunlap and Wood arrested the girl without a warrant and used excessive force. All Rights Reserved. Schielkeis alsorepresenting Karen Garner and her family in an ongoing civil rights lawsuit against Loveland police. I felt helpless just watching them manhandle my daughter the way they did.. Loveland Police Department officers Jeremiah Wood and Evan Dunlap arrest a 14-year-old girl in Loveland in June of 2020. 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. 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. 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. 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. Be Proactive. Shes a good kid.. The Jensen Hughes report released earlier this year found officers were focusing more on arrest and citation numbers rather than quality policing, and that some officers needed a stronger emphasis on the sanctity of all human life when using force against people. They hurt families and destroy lives, Schielke said in a statement. According to the report of an internal. The amended complaint, which Schielke filed to the United States District Court in Denver Thursday, has the same three claims but comes with several notable additions, including naming Sgt. The Loveland City Attorney's Office did not respond to a request for comment as of Thursday afternoon. In an image taken from police body camera video, a 14-year-old girl is arrested at her home in Loveland, Colo., in 2020. ), First published on January 27, 2021 / 4:46 PM. 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. Sowls arrest in September 2019 was capturedon body camera footage, released by Sowls attorney Sarah Schielke. Brian Bartnes. 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 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. You have permission to edit this article. 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. that is degrading to another person. Something like "Redefine the Police" might have been better. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. Mr. Siers said his daughter had nightmares for months. 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.. 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. 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.. 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.. Motorcycles can be very heavy and can cause severe damage even when just tipping over while stopped. Ashe arrested Sowl for obstruction of justice and resisting arrest, but the 8th Judicial District Attorneys Office dismissed the charges, according to the lawsuit. (Courtesy of the Life and Liberty Law Office) The suit adds that, per. 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. Officers Wood and Dunlap, who had asked for backup, arrived outside Mr. Sierss home later that day and asked to speak with his daughter. 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. / CBS Colorado. Phil Metzler, have been. The accident turned out to be a man losing his balance on his motorcycle and falling over. Sierss daughter tried to get to her dad, but officers continued to try to put her into handcuffs. Really it's a testament to how bad things are at Loveland is that they know they're being recorded, and they don't change their behavior, because they just don't care, Schielke said in an interview. 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. Ashe twisted Sowls arm behind his back and pushed his face into the ground, according to a civil rights lawsuit. Permalink. 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.. 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. All rights reserved. Example video title will go here for this video. 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 city said Ashe violated three department policies and procedures: limits of authority and exercise discretion; search and seizure; and use of force. Subscribe to Colorado Politics today! He also added that Skippy had bitten one of the officers involved. I was helpless watching my daughter getting manhandled by three other police officers. Your California Privacy Rights / Privacy Policy. 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. "Any complaint leveled against our personnel is taken seriously," the department said in a statement. By Keith Coffman. His two dogs Montana, a chihuahua, and Skippy, a Jack Russell terrier were on long leashes outside the house. 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. 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. The officers asked him to call his daughter outside, saying they just wanted to talk to her. Another officer, according to Talmadge, slammed him to the ground where his "head bounced off the concrete." The Loveland Police Department is facing another excessive use of force lawsuit after the release of information and footage of a 2020 arrest of a man and his then-14-year-old daughter as well as the treatment of one of their family dogs. Anyone can read what you share. 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 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.