Grashorn pointed his weapon at Bubba, and the dog retreated. Now, they are hoping for punishment for those who wrote it off and for change in the entire department. Grashorn had tried to assign blame for Herkimer's death to his owners, plaintiffs Wendy Love and Jay Hamm, for not having Herkimer on a leash. Herkimer, who remained alive despite being shot twice, fell to the ground. LOVELAND, Colo. A Loveland couple is filing a lawsuit against police and the city after an officer shot and killed their 14-month-old puppy, Herkimer, while investigating a trespassing. Whatever any business owners whim is in Loveland, the City makes it well known that their police force will do whatever it takes, including the use of extreme force, to demonstrate the Citys commitment to protecting business interests. A swarm of uniformed officers were visible near where the dogs body had once laid. 5.1.2023 12:05 PM, Elizabeth Nolan Brown Metzler was the champion of ensuring Loveland Police officers were never held accountable. Or to keep it anonymous, click here. maliciously and wrongfully charge[d] Mr. Hamm with this offense in order to improve the optics of their having just murdered Mr. Hamms puppy, documents allege. 5.1.2023 9:31 AM, J.D. The full body camera footage from the incident was released on Wednesday morning by Sarah Schielke, the attorney representing Love and Hamm. While Bubba turned back, Herkimer turned and looked at the officer as he got closer. "There is no question the death of Herkimer is a tragedy, but this tragedy would not have occurred if Plaintiffs did not trespass or at least secure their dogs with a leash while trespassing," Abramson wrote. I said to Wendy he just shot our dog,' he said. The dog, a 14-month-old Staffordshire Terrier and Boxer mix named Herkimer, later had to be . The city statement said that as a result of the litigation stemming from the shooting of the Golden couples dog, the city of Loveland and the Loveland Police Department were sharing their planned action in response to the litigation and related public concerns. The shooting happened in 2019 in Loveland. Can I see him? Use the 'Report' link on Schielke also represents Karen Garner, a 73-year-old woman who filed a lawsuit in April claiming that a Loveland police officer fractured her arm and dislocated her shoulder after stopping her for allegedly shoplifting $13.88 worth of items from Walmart. As Love continued to cry and beg to help her dog, Grashorn yelled at her, telling her the dog was dangerous and would bite her. It is absolutely irrelevant that Herkimer was allegedly a sweet, loving, playful, good boy, who had no history of biting or being dangerous to humans," wroteJonathan M. Abramson, an attorney for Grashorn. of the June 26, 2020, incident showed the officer, Austin Hopp, stopping Garner as she was walking home and picking wildflowers. LOVELAND COP SURPRISES FAMILY, SHOOTS THEIR DOG IN BROAD DAYLIGHT Sarah Schielke - The Life & Liberty Law Office 18.3K subscribers 99K views 1 year ago Warning - This video is extremely. Only once Sgt. The building had no signage. U.S. Magistrate Judge N. Reid Neureiter: "The public has a strong interest in understanding what occurred on June 29, (2019) and whether the shooting death of an allegedly friendly dog, who was showing no signs of aggression, was lawful, and whether the LPD issued a citation in retaliation for plaintiffs stated intention to go to the media about the incident.". With no consequences to the officer whatsoever. He was known to be affectionate and friendly with both people and other dogs.. That day, they decided on the lot in the 900 block of North Wilson Avenue . Its not right what they are doing; theyre hurting people.. The claims for relief include: The suit requests that a jury trial be held and that the court reward Love and Hamm with, among other things, compensation for this class as well as punitive or exemplary damages against those named. Hes hurt. Watch the video below (a more graphic version that shows the moment the officer opened fire can be seen here): The man apparently yet inaudibly complained again about the fact that the officer shot the dog. He has lived in the Aurora/Southeast Denver Metro area since 1965 and is an expert Getting ready for a yard project? racist or sexually-oriented language. In accordance with police department policies and this pledge, the City intends to launch an additional independent investigation into the incident.. "Ready for the pop?" Im getting my dog, he replied in disgust as he retrieved his other animal which was in a grassy area along a fence. from the Loveland Police Department showing Hopp watching the body camera footage with two other officers and joking about it. The case isLove et al. A couple whose young dog was shot by a police officer in Loveland has filed a lawsuit accusing the officers supervisors of covering up what happened and claiming that the city has fostered a culture that encourages the use of force. The news comes after a couple filed a. Grashorn proceeds to walk over to the truck and speak with Hamm. Wendy Love, left, and Jay Hamm, talk Tuesday, Aug. 31, 2021, about the day a Loveland Police officer shot shot their dog, Herkimer, in the summer of 2019. Dogs are our family. The video ended as the officer announced end of call while turning off his body camera. Monell claims (a claim that creates a cause of action for damage placed against state and local governments as well as officials for any violations of the constitution and laws) for unconstitutional policies, practices and customs against the city of Loveland. While Hamm pointed out Grashorn could have tasered him, Grashorn said he wouldnt take the chance and that shooting the dog is the only thing that always works, the suit says. Philip Metzler, Chief Robert Ticer, and the City of Loveland, Colo. The department has made local and national headlines for allegations of excessive use of force all of them recorded by officers body cameras. After violently arresting woman, 73, with dementia, police laughed about it, video shows: We crushed it. filed in Larimer County District Court accuses Loveland police officer Mat Grashorn of "recklessly killing" Wendy Love and her husband Jay Hamm's 14-month-old dog, a Staffordshire terrier and boxer mix named Herkimer. He was wagging his tail and appeared curious and excited. Read full. Dogs are our family. As for the plaintiffs' claim against Metzler that he retaliated against them after learning they planned to go to the media by ordering they be cited for a vicious dog Moore believed his behavior was not "shocking. | "Herkimer could have been any of our beloved pets. Alex Domina, the 19-year-old man shot Aug.16 by a Loveland police officer, died Tuesday, the 8th Judicial District Critical Incident Response Team reported Wednesday morning. The officer immediately pointed his gun at Bubba, and Love and Hamm called for Bubba to return. Hamm said when they got finally got home, they couldnt get Max to leave the truck. There were less than 5 feet between Grashorn and obvious, accessible refuge in his patrol car. The use of deadly force against a person or an animal is taken with the utmost seriousness. Grashorn: Its the same thing. Lordstown warns it may fail as investor Foxconn gets, South Park, Star Wars license plates up for auction, BestReviews.com - Top gifts to make everyone happy this spring, Surprise your mom with one of these Mothers Day, Mothers Day inspo: This foot massager has 20,000, Drew Barrymores Walmart collection is perfect for, Best Mothers Day gifts for the budding plant mom, Best Mothers Day Gifts for moms obsessed with books, Is it legal to have a tinted license plate cover, Aerosmith says farewell with one last Denver show, Denver restaurant closes after 50 years in business, Set of quadruplets set to graduate from MSU together, Search continues for missing Lakewood man, Do Not Sell or Share My Personal Information. Rather than wait for other officers to arrive, Grashorn startled the older dog, Bubba, who was dozing on the pavement and roused Herkimer, who was relaxing inside the couples truck. Be Proactive. The lawsuit claims the department reviewed the shooting and ruled the officer was justified in his actions. Threats of harming another 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. Loveland police facing civil lawsuit for, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Loveland police facing civil lawsuit for officer who shot a dog in 2019, Man arrested after shots fired Saturday night outside Budweiser Events Center, Loveland, Berthoud police calls: Disturbances, shoplifting, Loveland, Berthoud law enforcement calls: Multiple crashes, Larimer Retired K9 Foundation using sales of Sheriffs Office dog plushies for continued fundraising, Brought to you by Prairie Mountain Publishing, as well as the unedited body-worn camera footage, First Street reopens in downtown Loveland, Larimer County restaurant inspections made April 12-21, 2023, Larimer Retired K9 Foundation using sales of Sheriff's Office dog plushies for continued fundraising, Loveland City Council gives mixed reviews to possible sales tax for fire safety, Ask Amy: A woman wants partners permission to roam, Residents encouraged to line route of Honor Flight send-off Sunday, Northern Colorado veterans take off on Honor Flight, Do Not Sell/Share My Personal Information, Unlawful seizure, a violation of Colorado Constitution against Grashorn, Unlawful seizure, a violation of the Fourth Amendment against Grashorn, Metzler and Ticer, Malicious prosecution, a violation of the Fourth Amendment and due process against Grashorn and Metzler. Herkimer also ran toward Grashorn, and the officer shot him in the head and in the body. The best home improvement jobs deserve the best materials. By the police. I felt like our life totally dissolved right there, Love said. Love and Hamm's other dog, Bubba, is sleeping on the ground but gets up and begins running toward the officer. Herkimer had no history of biting or otherwise being dangerous to humans. When it comes to landscape Did you know Your Butcher, Frank has super tasty delicatessen salads? This freeze frame from Loveland, Colo. police body camera video shows the split second before Mathew Grashorn shot and killed a dog named Herkimer., A Colorado family is suing a local police department after an officer exited his squad car, pulled his gun, and shot and killed the familys dog in time span of approximately 13 seconds in June 2019. each comment to let us know of abusive posts. The lawsuit goes on to describe the couples and actions with their dogs, then recaps why the buildings owner called 911: Unbeknownst to Plaintiffs, the buildings owner, Andrew Hendrickson, was remotely watching surveillance video from the lot and saw their silver truck park in the back corner. When he arrived, the dogs took notice of Grashorn. As the couple and their dogs stood outside of their truck, the buildings owner was watching remote surveillance video from the lot and saw the truck in the back corner. Officer Grashorn had his gun pointed at Bubba within one second of Bubbas standing up. To make the most of your backyard, look for durable and comfortable seating options. Sergeant Metzler was well known within the Loveland Police Department for being the supervisor you call when youve royally screwed something up. It violated all common sense and it violated all common decency," she said. The woman said she thought the dog might survive. The Detroit Police Department has settled a string of lawsuits for shooting dogs during drug raids. What in the actual hell is going on at the Loveland Police Department? Schielke said. "Herkimer could have been any of our beloved pets. They also advanced a claim under a sweeping police accountability law the Colorado legislature enacted in the summer of 2020 amid international racial justice protests. And last month, the city of Loveland reached a $290,000 settlement in a lawsuit filed against the police department that alleged a mans wrongful arrest in September 2019. My sergeants coming, the officer said. Geisenfeld has twelve districts, formerly independent municipalities: Grashorn is still on the force, court records state. Thats when the man said he had brought the ice machine to the lot to paint it while making firewood deliveries. Devin Booker sulked. Yeah. I said, We didnt even go within 20 feet of the building,' Love said. Is this your property? Hopp says to the other officer as they watch the video of him dislocating Garner's shoulder. LPD sent multiple officers, including Sergeant Metzler, to locate and tackle Ms. Garner, causing her to suffer a broken and dislocated shoulder. At around 10 minutes into the body camera footage, several other officers can be seen on scene helping Love and the dog. He was also involved in the violent arrest of an elderly women with dementia one year after Herkimer's killing. And then found to be reasonable by his superiors. The Loveland Police Department now faces a civil lawsuit stemming from a 2019 incident where an officer shot a roughly 1-year-old dog who later had to be euthanized. "It was in violation of Colorado's Dog Protection Act. "We have pledged to increase accountability and transparency for our community including any opportunity to seek clarity into specific events. Moore noted the law is clear that killing a pet dog without justification, as Grashorn reportedly did with 14-month-old Herkimer, amounts to a constitutional violation. The ticket was later dismissed by the district attorney. The officer fired two shots at one of the dogs, who died a few days later. Herkimer was a sweet, loving, playful dog, the lawsuit says. First published on August 26, 2021 / 8:46 AM. The suit also includes sections of LPD policy on handling dogs and the Dog Protection Act, which requires officers receive a minimum of three hours of P.O.S.T certification, which will provide an opportunity to effectively evaluate the totality of the circumstances and provide guidance on how to best manage a situation involving an interaction with a dog., The LPD Use of Force policy, a section of which was included in the suit, also states that an officer may use deadly force against an animal that represents a significant threat to public safety, to the officers safety or as a humanitarian measure if the animal is seriously injured. Killing a police dog has landed adults 44 years in prison and teens 23 years. When confronted, she gave the items back and attempted to pay for them. No immunity for Loveland cop who shot puppy, An article from the Loveland-Reporter Herald, under a sweeping police accountability law. The Loveland Police Department now faces a civil lawsuit stemming from a 2019 incident where an officer shot a roughly 1-year-old dog who later had to be euthanized. DENVER (AP) A couple whose young dog was shot by a police officer in Loveland has filed a lawsuit accusing the officer's supervisors of covering up what happened and claiming that the city has fostered a culture that encourages the use of force. Theres no compassion, Schielke said. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. Love said when they revisit their cabin, Max gets as depressed as they do. Hes dying! You have permission to edit this article. When they arrived on scene, two dogs get out of a truck and approach an officer, who immediately points his gun, according to body camera video of the incident. The lawsuit alleged, in contrast, police officers had refused to let Herkimer be transported to a doctor until Metzler arrived and authorized it. Once he saw a dog running towards him, he relished in the opportunity to shoot it and did not care at all about other alternatives. Shots were fired outside the event center in Loveland on Saturday. He was later euthanized. The dog, a 14-month-old Staffordshire terrier-boxer mix named Herkimer, was later euthanized. She said they have not been able to live in their cabin since the shooting and now reside in Berthoud. The officer continued to try to order the couple into a truck. The lawsuit was made. As half a dozen officers showed up on scene, Love and Hamm were still refused to take their dog to the vet, the suit says. This is yet another agonizing illustration of all that is wrong at the Loveland Police Department. Hopp says to the other officer as they watch the video of him dislocating Garner's shoulder. Get the Android Weather app from Google Play, Colorado identity theft up 70% since 2019, 4 arrested after shooting outside Southlands Mall, Judge blocks Missouri rule that would limit transgender, Cron powers Rockies to 12-4 win over Diamondbacks, Former Broncos players daughter drowns in pool, Avs forward Cogliano fractured neck in Game 6, See full body camera video here (WARNING: Video contains very disturbing content), Ready for the pop? The couple added the incident has had a dramatic toll on Max, Herkimers best friend. The couple was making firewood deliveries that day, and according to the lawsuit, stopped in the parking lot to give the dogs some water. City council member Don Overcash repeatedly cites this policy in City Council meetings, in addition to even having opinion pieces authored by himself published in the Loveland Reporter-Herald stating the same. It is a terrible bummer, the officer said. Hamm was ticketed for having a "dangerous dog." However, Hamm said, the back and forth never led to anything. Loveland will launch another investigation into police in response to shooting of dog 14-month old Herkimer was shot in 2019 By Reporter Herald Staff | August 28, 2021 at 6:00 a.m.. Theyre not meant to treat viruses, however. Love said one of the difficulties she found herself in was the fact that she wanted Grashorn off the LPD, but she knew that wasnt going to happen. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. Months later in November, Lt. Bob Shaffer wrote into the report that he found no policy violations. "No reasonable officer or reasonable person would have perceived this situation as a threat requiring the immediate destruction of an innocent citizens beloved pet," wrote lawyer Sarah Schielke. There was no threat to him at all. With no consequences to the officer whatsoever. While Moore acknowledged Colorado's police accountability law went into effect after Herkimer's killing, he agreed with Love and Hamm that other courts are currently interpreting the law's application and it would be premature to toss that portion of the lawsuit until there is clarity. Don't knowingly lie about anyone The Loveland Police Department now faces a civil lawsuit stemming from a 2019 incident where an officer shot a roughly 1-year-old dog who later had to be euthanized. Love nonetheless cradled Herkimer while Grashorn warned Love, "He will bite you, he's hurt." Last month, the city of Loveland settled a different wrongful arrest lawsuit for $290,000. His best friend was Max, a roughly 8-year-old black lab mix who Herkimer Herkie to Love and Hamm would play and wrestle with. I just hope things change at that police force, Hamm said. They described Herkimer as a loyal, playful and fun dog who always wanted to be involved. Herkimer could have been any of our beloved pets. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. settled a different wrongful arrest lawsuit, " like Herkimer's for decades now. Be Nice. On June 29, 2019, Grashorn was responding to a call from a business owner about a suspicious truck parked on the owner's commercial property when he encountered Love, Hamm, and their three dogs. Herkimerspent four days in intensive care and was ultimately euthanized. To make the most of your backyard, look for durable and comfortable seating options. Please avoid obscene, vulgar, lewd, (The audio is not captured by the body camera, which retains 30 seconds of footage before it is turned on, but not sound.) This website is not a substitute for the advice of an attorney. This image taken from Loveland, Colo., Police Department body camera footage shows Officer Matthew Grashorn pointing his gun at a dog he shot after it ran toward him on June 29, 2019, after he got out of his patrol car. The lawsuit claims that the shooting death of the 14-month-old puppy is yet another in a string of events which have resulted from an openly dangerous policy of Loveland city officials to aggressively service complaints from local business owners at the expense of individual citizens and particularly those who appear to be poor.. Last week, U.S. District Court Judge Raymond P. Moore refused to dismiss the civil rights claims against Officer Mathew Grashorn for the shooting. It openly trades heightened risk to the lives and safety of individual citizens in order to promote or attract more business development. person will not be tolerated. 8.27.2021 3:20 PM. The man and the officer then engaged in a debate over whether a stun gun would have been the proper weapon. Love and Hamm sued Grashorn for an unreasonable seizure under the Fourth Amendment, which is the constitutional provision governing excessive force claims. Reason has been covering sad incidents of "puppycide" like Herkimer's for decades now. The Loveland Police Department now faces a civil lawsuit stemming from a 2019 incident where an officer shot a roughly 1-year-old dog who later had to be euthanized. In 2019, Love, Hamm, Herkimer, Max and their elderly Rhodesian ridgeback Bubba stopped in a parking lot to fix up an ice box while delivering firewood. August 26, 2021 / 8:46 AM They called out for Bubba to come back to them, and he did, but not before the excitement and commotion of yelling caused Herkimer, who had been resting in his favorite spot in the truck, to jump out the trucks open door to go see what the fuss was about. They had been driving quite a bit and it was a nice day. The suit says the building in the 900 block of North Wilson Avenue had no signs and no vehicles were parked in or near it; all of the windows were covered from the inside, there were not any no trespassing signs and no fence was set up. Grashorn draws his gun on the dog, but the couple yells at the animal to come back. And the lawsuit says the district attorney ultimately dismissed the charge against Hamm in October 2019. The final frames showed discarded tissues and blood staining the pavement where the dog collapsed. Hes a dog pit bull coming to bite, me I dont take the chances. This material may not be published, broadcast, rewritten, or redistributed. Hes hurt.. Theres nothing like lazy summer days relaxing on the patio. Shielke says she thinks after this and the Karen Garner incident, in which a 73-year-old dementia patient suffered a broken arm following a violent arrest by Loveland Police, there may be a culture problem within the department. But the statute used to file the charge requires bodily injury to occur, the lawsuit points out. The lawsuit alleges that Grashorn's shooting of Herkimer was an unreasonable seizure under the Fourth Amendment and violated their constitutional rights. The suit described him as a sweet, loving and playful dog who was beloved by his family. WATCH LIVE: Retrial for Florida man Eric Robinson accused of brutal love triangle murder, Law&Crime Looks Ahead to 10 Remarkable Criminal Trials Scheduled for the First Half of 2023, 9 Shocking Times Defendants Testified at Trial, 10 Most Memorable Law&Crime Network Trials, Im sorry. According to the lawsuit, Garner suffers from dementia and sensory aphasia, which makes it difficult for her to communicate and understand other people. A distraught Wendy Love approaches her dog Herkimer after the dog was shot. Hes my baby! a woman screamed at a police officer. They are husband and wife, the documents indicate. . This is an ongoing story, the Loveland Reporter-Herald will update as more information becomesavailable. They said they hope that, with the lawsuit in 8th Judicial District Court, those involved in writing off the incident are punished. With no consequences to the officer whatsoever. Multiple officers responded, but Grashorn was the first to arrive. Audio is not available in the first moments of the video, which was released by Schielke's Life and Liberty Law Firm. The lawsuit says that Loveland police refused to let the couple retrieve their dog and take it to a veterinarianuntil a Loveland police supervisor arrived on the scene.
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