The arrest left then 73-year-old Garner, previous information alleges, with a dislocated shoulder and broken arm. hitType: 'event', Larimer County jail records show Austin Hopp, 26, was arrested at 8:32 a.m. and that Daria Jalali, 27, was arrested at 9:48 a.m. Warrants had been issued for their arrest on Wednesday after they were each charged with three counts for the actions during the arrest of Karen Garner last year and the reporting of the incident that followed. Philip Metzler used excessive force when they arrested Karen Garner in June 2020 on suspicion of stealing $13.88. Updated on: August 5, 2022 / 4:03 PM This is not the result of a mental deficit, this is not a result of a lack of training. Daria Jalali, 28, appeared before 8th Judicial District Court Judge Joshua Lehman Friday morning to be sentenced for failure to intervene in the use of excessive force, a class 1 misdemeanor. media-tech companies with hubs around the world. hitType: 'event', Wow. Defendant Austin Hopp is a natural person, and was at all times relevant to this Complaint duly He said that our mothers case has hurt him personally. It is clear that the only thing that has hurt him personally has been the attention this case has brought to his department. document.querySelector("#adunit").addEventListener('click',function(){ The sentencing comes more than a year after information on Garners arrest was made public by Sarah Schielke of the Life and Liberty Law Office when she filed a lawsuit in early 2021. "You have to remember this went on for two hours," the judge said. ', Thats going to turn into something, Jalali said. This is the result of a choice.. Two other officers, Jalali and Tyler Blackett, also left the department. reporters on a platform technologically tailored to meet the needs of the modern reader. window.googletag.pubads().addEventListener('slotOnload', function(event) { Garner's family sat in the first row in the courtroom wiping tears from their eyes as this final chapter of their mother's case came to an end. eventCategory: event.slot.getSlotElementId(), As a police officer and more importantly as a human being, we engage, we process and we act, he said. Carrying a wildflower in her hand, she failed to comply with multiple orders to stop. She is a co-defendant in the lawsuit, and they seem to give each other high marks on the interaction. The footage, newly released by the Life & Liberty Law Office, picks up later in the day, with officers bantering during the womans booking. Some 17 minutes into the video, Hopp appears to give a fist bump to Officer Daria Jalali, who had arrived at the original scene to help him arrest Garner. Body camera video released by the attorney showed Hopp telling Garner to stop and talk to him as she walked home. I introduced myself to Austin but he wasn't that friendly," a neighbor said. The assault significantly worsened Garner's dementia symptoms. She was given passes, she was pressed forward repeatedly by this department when she was falling below where she should have been in standards, she said. She lives with cortical dementia and sensory aphasia, a condition described as an inability to understand spoken, written or tactile speech symbols that results from damage to the area of the brain concerned with language, according to the complaint. Those files, she said, depict a pattern of poor performance on written examinations, physical activities, behavioral observations and more, that were all excused. ", "What happened in June of 2020 was an abysmal failure. Throughout the 27-minute unedited video, Garner can be heard telling the officer: "I'm going home." Hopp says he is detaining the elderly woman for resisting arrest and for stealing the items at. She noted that she asked Garner multiple times if she was in need of medical attention, but felt Garner was simply being defiant by not responding h. "I hurt others and I am sorry about that," Jalali said. eventAction: 'render' When I had her pushed against the car when you first got there? A former Colorado police officer who injured an elderly woman with dementia during an arrest in 2020 was sentenced Thursday to five years in prison. Reach him at afleskes@prairiemountainmedia.com or on Twitter @Austinfleskes07. This is what it appears to be by the defendant, he said. What you did that day was clear that you were more concerned with protecting yourself and officer Hopp," the judge said. if(document.querySelector("#adunit")){ he says. hitType: 'event', "The trajectory of her life has dramatically changed," her lawyer said as she asked for 18 months of probation with no jail time. As in the prior sentencing of former officer Austin Hopp, this verdict does not change Ms. Garner's wrongful and illegal treatment or the pain she and her family have experienced. She said that it was common that officers interacted with someone under the influence and she thought that was the situation with Garner and that, despite not recognizing Garners mental health, she still tried to help her by asking if she needed medical attention. I was like, Okay, youre gonna play, and I was pushing, pushing, pushing, and I hear pop, I was like Oh, no. Denver Metro News. ga('ads.send', { It worked. document.querySelector("#adunit").addEventListener('click',function(){ Copyright 2023 CBS Interactive Inc. All rights reserved. ga('ads.send', { Independent comment from the Loveland Police Department would not be appropriate at this time. He said that he had not watched any of the video or media that had been posted about the case prior to Friday, and hearing Garners voice for the first time as she said she was going home in the video was incredibly eye-opening. Jalali was given a badge to protect and to serve and that is not what she did, she said. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. "Thats not ever how I should see my mom being treated.". The hour-long video released Monday shows Loveland Police Department officers Austin Hopp and Daria Jalali, who responded to the incident, and a third officer Tyler Blackett celebrating and. You losing your job, that may deter actions like this from other officers but there needs to be more.. Clearly didn't understand what was going on," the judge said. let gads_event; He said that beyond even the arrest and video, the pre-sentence investigation showed that there was a continuation of indifference to the entire case. Are you finished? He described the sentence as punishment for a horrible and tragic choice., You need to learn from it, and you need to be punished for it, he said. window.googletag.pubads().addEventListener('slotRenderEnded', function(event) { And just like on June 26, 2020, the inhumane treatment of our mother was ignored and his continued support of the department was the focus. "(Jalali) did nothing but to help," the prosecution shared to the court. Austin Hopp will spend just five years in prison after cutting a deal for the brutal assault that broke the wrist and popped the shoulder of 73-year-old dementia patient Karen Garner. The officers could not be reached for comment. Former Loveland police officers Austin Hopp, left, and Daria Jalali Hopp dislocated Garner's shoulder and fractured her arm. eventAction: 'render' Lehman sentenced Jalali to 3 years of supervised probation with 250 hours of community service. Read the full story at. Police video shows officers joking about violent arrest of Colorado woman, 73, Original reporting and incisive analysis, direct from the Guardian every morning. I mean its done, you know. I was like, Alright, lets wrestle girl! He repeatedly dodged questions regarding our family. (Jenny Sparks/Loveland Reporter-Herald), FORT COLLINS, CO - MAY 5, 2022: Former Loveland Police Officer Austin Hopp enters the courtroom for his sentencing hearing Thursday, May 5, 2022, at the Larimer County Justice Center in Fort Collins. Hopp repeatedly pointed out there was a pop., Did you hear the pop? he said. A federal lawsuit said police slammed Garner, who was 73 at the time, to the ground and hogtied her. Hopp was sentenced to five years in prison in early May after pleading guilty to second-degree assault in early March. eventAction: 'click_image_ads' hitType: 'event', Nearly two years after violently arresting a 73-year-old woman with dementia, former Colorado police officer Austin Hopp was sentenced to five years in prison on Thursday as part of a plea agreement to lessen his jail time. Geigle also brought up a neuropsychological evaluation which she said also shed light on the background of the situation based on how Jalali processes information. See, you dont know the whole situation, said Hopp. That avoided the minimum 10 to 30 or more years in prison he would have faced with a trial and conviction. The judge after watching the body camera video footage said, "She just sounds out of it and terrified to me. (Jenny Sparks/Loveland Reporter-Herald) Since the original civil rights suit against the LPD was filed April 14 that included footage of Garner's arrest, more information and video footage has surfaced of Hopp, Jalali and Blackett reviewing the . window.googletag.pubads().addEventListener('slotRenderEnded', function(event) { / CBS Colorado. }); Daria Jalali, 28, was immediately taken into custody after her sentencing Friday to serve a 45-day jail sentence. Hopp has been charged with second-degree assault causing serious bodily injury, attempting to influence a public servant and official misconduct in relation to the June 26, 2020, arrest of Garner, who was tackled and handcuffed for leaving a Walmart with unpaid goods. }); LOVELAND, COLORADO: Officers Austin Hopp and Daria Jalali of Loveland Police Department in Colorado who were accused of using excessive force while arresting 73-year-old Karen Garner, injuring her in the process, have been charged. He said Hopp never even took a moment to ask questions or assess the situation. Officers Austin Hopp, Daria Jalali and community service officer Tyler Blackett are "no longer employed with the Loveland Police Department," Ticer announced in a morning press conference. Jalali and Blackett were put on leave later, as was a sergeant. window.googletag.cmd.push(function() { A male bystander was so disturbed that he called out Hopp, but the officer dismissed his concerns. The now-former officers include Austin Hopp, who was the arresting officer during the June 26, 2020 incident; Daria Jalali, who was the second on the scene; and community service officer Tyler Blackett, who is being sued for allegedly ignoring the plaintiff's injuries. Swartz said that Garner was humiliated by Jalali and Hopp. As seen on video, Hopp confronted Garner on the side of the road. Both were arrested and charged with crimes related to Garner's arrest. The cops resigned after the woman's family sued them and the city of Loveland over the arrest. Or to keep it anonymous, click here. The attorney said that because of the dementia, Garner forgot to pay for the items, which were retrieved by Walmart employees. The hearing started with Assistant District Attorney Matt Maillaro showing a roughly 12-minute video of Jalalis body-worn camera footage from the day of the arrest, a video that caused visible emotion from Garners family who were gathered in the courtroom for the sentencing. A second video released by the attorney showed Hopp and other officers at the police station laughing and joking about the arrest. At least 10 dead after winter storm slams South, Midwest, The Saturday Six: Dental device controversy, scientist's bug find and more, Indonesia fuel depot fire kills 18; more than a dozen missing, Biden had cancerous skin lesion removed last month, doctor says, Duo of 81-year-old women plan to see the world in 80 days, Tom Sizemore, actor known for "Saving Private Ryan" and "Heat," dies at 61, Alex Murdaugh sentenced to life in prison for murders of wife and son. She also said that while Jalali and Hopp have faced sentencing there is more work and reform that needs to be done with law enforcement in Loveland. Have a tip or story idea? You understand me? (Jenny Sparks/Loveland Reporter-Herald), Hopp's actions were more concerning overall. Around the time of the arrest, Hopp and Jalali moved into Jalali's new home in Windsor, Colorado, where they lived together until the former abruptly moved out in mid-February. ga('ads.send', { Trump met with early primary state GOP leaders, Former officers face charges in brutal arrest, Two former officers face charges after arrest left woman with broken arm, dislocated shoulder. Hopp was initially charged with assault, attempting to. window.googletag.pubads().addEventListener('slotOnload', function(event) { Phil Metzler, Jalali said she was a little bloody, a little muddy.. reporters on a platform technologically tailored to meet the needs of the modern reader. We will hold law enforcement accountable just like we will any other criminal actors, he said. He said that Jalali should have known from the moment she saw and touched Garner that she was a delicate, elderly woman suffering from a mental health issue. eventAction: 'load' Austin Hopp, 26, is a former first-year officer with the Loveland Police Department. You were definitely fighting, he said. Hopp and the male officer fist bump while continuing to watch the footage. She was also sentenced to undergo a mental health evaluation and must avoid contact with the Garner family while also maintaining employment of at least 35 hours per week. In the video, which had been previously released, Jalali can be seen attempting to put Garner in her car following Hopps arrest of the elderly woman. The fact that two law enforcement officers couldnt comprehend that is incomprehensible to me.. A second officer on the scene, Daria Jalali, was charged with failure to intervene, failure to report the use of excessive force, and official misconduct. "This really does make your stomach clench when you see it. I want her to learn that it is better to take what you are feeling inside that you know is wrong and take that for what it is worth and do what is right, she said. Jalali pleaded guilty in June for failure to intervene in the use of excessive force failing to stop fellow officer Austin Hopp in Garner's brutal arrest. The judge said he did not watch any news coverage of the Garner arrest and that he only watched the content provided in court during her hearing. Police did not specify whether they resigned or were fired. "He took pride in humiliating my mom," he said. No doubt, with all the cars that stopped. There are a lot of kids in this neighborhood and the amount of PDA was a little weird," they said. Update 7:20 p.m.:Garner family attorneySarah Schielkesaid in a statement obtained by Law&Crime that it was long overdue for the three officers to become unemployed, but voiced concern about Metzler still being part of the department, and Hill remaining on duty. An attorney for Garner said she has dementia and sensory aphasia, which impairs her ability to verbally communicate with people or understand others communications. The arrest of Garner, 73, took place in June 2020 when officer Austin Hopp grabbed her arm and pushed her to the ground for leaving a Walmart without paying $14 worth of items . For an optimal experience visit our site on another browser. document.querySelector("#google_image_div").addEventListener('click',function(){ After a brief investigation, Hopp resigned from the Loveland Police Department, as did Jalali. }); "This isn't something where I can see how someone in the heat of the moment thought this was appropriate. The fact that two law enforcement officers couldnt comprehend that is incomprehensible to me. }) eventAction: 'click_adunit' I do hope this brings the next level of closure for Ms. Garner and her family.". window.googletag.pubads().addEventListener('impressionViewable', function(event) { You understand me? "I've always been someone with the best intentions," Jalali said. The Loveland Police Department, in consultation with the District Attorney and regional law enforcement partners, sought the criminal investigation under the Critical Incident Response Team (CIRT) protocol, a process that preserves impartiality and integrity in the conduct of such investigations. Hopp apologized to the Garner family, saying he was "truly sorry.". We are one of the worlds fastest growing "This is great," Hopp responds, to which Jalali retorts sayings he hates it. Garner, who returned the items before leaving the store, was thrown to the ground by Hopp after failing to comply with orders to stop walking. Daily Mail revealed that Jalali and Hopp are lovers. She just sounds out of it and terrified to me, he said. Are you finished? Hopp can be heard saying. },false) However, as the three of them continue to watch, Jalali appears to be uncomfortable with the video. Hopp responds. We all have choices to make in life, and all our choices have consequences, he said. 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I ask that justice be served for my mom today.. Jalali and lawsuit co-defendant Supervising officerSgt. "They mostly kept to themselves. Advertisement Garner's family sued the. Jalali, who sat in the courtroom wearing black pants and a light purple shirt, was forced to spend 12 minutes rewatching the body camera footage from the day of the 2020 arrest. if(document.querySelector("#google_image_div")){ Despite the fact that Garner was unarmed, her hands were cuffed behind her back, and she was physically unable to overpower Officers Austin Hopp and Daria Jalali while shoved against the hood of a patrol car, Hopp was recorded on police body cam footage dislocating her shoulder, fracturing her humerus, and spraining her wrist.The charges against Garner were later dropped. The District Attorneys action and the third-party investigation are in keeping with a multi-agency Critical Incident Response Team protocol. The maximum sentence of failure to intervene comes with up to 60 days in jail and five years of probation. The cops resigned after the woman's family sued them and the city of Loveland over the arrest. He apparently pulls her arms behind her back and places her on the ground. The law makes it clear that sometimes there is going to be an officer that acts outside of their legal duties, and that is why we have a law that says if you do see that you have to act.. Asked by Jalali how it went, Hopp can be heard replying: "I thought it went great." "You do?" The now-former officers include Austin Hopp, who was the arresting officer during the June 26, 2020 incident; Daria Jalali, who was the second on the scene; and community service officerTyler Blackett, who is being sued for allegedly ignoring the plaintiffs injuries. I am not done, this is not over, she said. The investigation announcement came just days after attorney Sarah Schielke from The Life and Liberty Law Office filed a federal civil rights lawsuit against the department and officers Austin. eventCategory: event.slot.getSlotElementId(), She finished by again apologizing and recognizing that she should have acted differently to handle the situation properly.
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