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.". Threats of harming another The lawsuit alleges that Grashorn's shooting of Herkimer was an unreasonable seizure under the Fourth Amendment and violated their constitutional rights. But, pursuant to the Dog Protection Act, alternate types of control should be considered prior to the use of deadly force against a dog and, if feasible, allow the owner the opportunity to remove the dog from the immediate area., The suit claims that the day after Love went in to issue her complaint, Sgt. He will bite you, hes hurt., Hamm can be heard shouting from the truck and Grashorn responds, Maybe you ought to have your dogs in the truck, is this your property? Thats why Im here, because youre trespassing.. The statement continues: LPD understands the publics concerns and the emotions this video elicits. He shot Herkimer twice, once in the face, and a second time in his body. He was wagging his tail and appeared curious and excited. | It claims police followed the family to the vet and had their own private conversations with treating veterinarians in which they repeatedly told them that Herkimer was dangerous and had attacked police and needed to be euthanized.. All of the windows were covered up from the inside. Civil Lawsuit Filed Against Loveland Police Officer Seen On Video Around 5 p.m., the couple parked their truck in the corner of a commercial buildings parking lot so their dogs could get out of the car after a long day, court records state. Theyre not meant to treat viruses, however. At around 5 p.m. June 29, 2019, Love and Hamm were working for their firewood delivery business in the Loveland area. 2023 CBS Broadcasting Inc. All Rights Reserved. Multiple officers responded, but Grashorn was the first to arrive. Loveland couple files lawsuit over police shooting of 14-month-old dog who ran at officer . Herkimer was a sweet, loving, playful dog, the lawsuit says. 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. Privacy Policy | August 26, 2021 / 8:46 AM They described Herkimer as a loyal, playful and fun dog who always wanted to be involved. He died four days after being shot by a Loveland police officer. When confronted, she gave the items back and attempted to pay for them. We have pledged to increase accountability and transparency for our community including any opportunity to seek clarity into specific events. I just hope things change at that police force, Hamm said. The news comes after a couple filed a. According to the suit, the department reviewed the video and found that the officer responded appropriately. 'I'm not in the business to get bit'; Lawsuit filed after Loveland The dog is described in court papers as Herkimer, a 14-month-old mixed breed Staffordshire terrier and boxer mix. Loveland PD sent six officers there in minutes, and they promptly brutalized the man with batons, kicking him, punching him, and doing a pile-driver type of jump atop his lifeless body. When World War I broke out he joined the German army, and won the Iron Cross for bravery under fire. Grashorn pointed his weapon at Bubba, and the dog retreated. He told the dispatcher that someone had previously tampered with his lock and that, although the couple was nowhere near it, he wanted police to investigate what they were up to, the lawsuit states. Both said they had no idea why the shooting happened that day. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. His supervisor can be heard saying they can scratch one charge, which will make them happy because they already said they are going to call the media., Once Herkimer was taken to the vet, the lawsuit states, officers told the veterinarian that he was a dangerous dog that had attacked one of our officers., Schielke, the couples lawyer, told The Post both Love and Hamm became depressed after Herkimers death. Colorado Cop Kills "Loving" Puppy For Running To Greet Him, Gets Sued - God Most body cameras only record video until the camera is activated, and then the audio will begin recording. By the police. Officers received a report at around 11:45 p.m. about gunshots outside of the arena in east Loveland. It is a terrible bummer, the officer said. 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. The city already has launched an independent investigation into allegations of use of excessive force against a 73-year-old woman accused of shoplifting last year. Owners of the dog filed a civil suit against the city earlier this week. CBS4 reached out to the Loveland Police Department. Love said at the time, Max was on a leash while Bubba and Herkimer were both off leash and relied on voice commands, which Love said they were good at following. So I said, We are glad you have video.'. The couples lawsuit says the entire altercation was the result of well-publicized city and police policies to serve business owners first and foremost: City of Loveland leadership and Lovelands Police Department leadership regularly communicate to the private business community in Loveland that the LPDs top priority is to serve them the private business owners. 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. In body camera footage released Wednesday in support of the lawsuit, two dogs run toward Loveland police Officer Matthew Grashorn as he gets out of his patrol car while responding to a trespassing report in an empty parking lot in June 2019. I didnt know that! the officer said as the woman began to sob. Body camera video shows Jay Hamm pointing to the ice cooler he says he was going to paint in a vacant parking lot in Loveland, Colo. Well, youre in a big hurry to get to the track nows your opportunity, the officer said. The lawsuit says the citys M.O. or anything. Im not in the business to get bit, shared Grashorn. But then Herkimer, the couples 14-month-old puppy, jumped out of the truck and began running toward the officer. 5.1.2023 9:31 AM, J.D. And then found to be reasonable by his superiors. Thats when the man said he had brought the ice machine to the lot to paint it while making firewood deliveries. Herkimer could have been any of our beloved pets. My sergeants coming, the officer said. "We recognize the need for transparency and accountability in City processes and intend to pursue a fair and complete investigation into all the facts," said Adams. It had no vehicles parked in or near it. PLEASE TURN OFF YOUR CAPS LOCK. There were less than 5 feet between Grashorn and obvious, accessible refuge in his patrol car. The suit was filed Sunday in the 8th Judicial District Court in Fort Collins. racist or sexually-oriented language. Shielke asked. The news comes after a couple filed a civil lawsuit against the Loveland Police Department in the June 2019 shooting, which killed their 14-month-old dog. "And regardless of whether Defendant Grashorn believed Herkimer posed an imminent threat justifying the use of deadly force, the allegations do not establish that shooting the dog was reasonable," he wrote in a Sept. 21 order. Gregor Strasser. Sections of this page. Reach him at afleskes@prairiemountainmedia.com or on Twitter @Austinfleskes07. The lawsuit accuses Officer Matthew Grashorn of violating Wendy Love and Jay Hamm's civil rights by "recklessly killing" their 14-month-old puppy, "Herkimer.". Reviews (2) Photos (0) Activities (2) Completed (3) 5: 4: 3: 2: 1: 3.8. Loveland police release video, audio from shooting of man in crisis Herkimerspent four days in intensive care and was ultimately euthanized. The suit claims that this level of trespassing, because of the lack of repellent measures, would be considered a petty offense under Colorado law. This is an ongoing story, the Loveland Reporter-Herald will update as more information becomesavailable. Grashorn has not yet responded to the complaint in court. Grashorn shoots the dog. The police department told Denver NBC affiliate KUSA-TV that it does not comment on pending litigation. The LPD understands the public's concerns and the emotions this video elicits. As Bubba turned back, Herkimer, who was slowing in speed and had his path of running turn away from Officer Grashorn, finally looked at the officer. That is likely due to the officer not activating his camera until after the shooting takes place. Really from every second from inception of this encounter through the end, his judgment is terrible, theres no common sense, theres no care. Instead, the parties argued over whether the video showed Staffordshire terrier/boxer mixHerkimer had playfully "trotted" toward the officer or dangerously "charged" him when Grashorn decided to shoot. Schielke said the department ruled the officer did not violate any policies, but they want him fired and they want a change in leadership at the department. June 26, 2020 Mountain biking. He threw Garner, disoriented and confused, to the ground after she didn't respond to his commands to stop. Body-worn camera footage captured that day is difficult to watch, and we deeply empathize with the family over the untimely loss of their dog, Loveland City Manager Steve Adams said in a press release. Love nonetheless cradled Herkimer while Grashorn warned Love, "He will bite you, he's hurt." They were told that animal control was going to be seizing the dog after surgery because he was categorized as a dangerous dog. Hes my baby! a woman screamed at a police officer. It violated all common sense and it violated all common decency," she said. Grashorn: You need to listen to what youre telling me. Loveland police facing civil - Loveland Reporter-Herald | Facebook Nearly a week after the shooting, 19-year-old Alexander Domina remains in the hospital unable to breathe on his own. "Herkimer could have been any of our beloved pets. The incident was also captured on an officers body camera. This policy is regularly and aggressively reiterated to the lower ranks of all LPD officers. Killing a police dog has landed adults 44 years in prison and teens 23 years. Jay Hamm points out Grashorn could have used his taser on the dog. Ms. Love and Mr. Hamm quite startled immediately did so. is becoming more and more transparent now that its officers started wearing body cameras in May 2019. The Kremlin is trying to kill Alexei Navalny. Couple files lawsuit over shooting of dog who ran at Loveland officer Body camera footage of the June 26, 2020, incident showed the officer, Austin Hopp, stopping Garner as she was walking home and picking wildflowers. When Hamm demanded to know why Grashorn had shot the dog, Grashorn yelled that he had "no way of knowing" whether Herkimer was friendly and that he "wasn't in the business to get bit.". Sergeant Metzler was well known within the Loveland Police Department for being the supervisor you call when youve royally screwed something up. Views from The Posts Editorial Board on current events, Body-cam footage shows police shoot a playful puppy: He was curious and excited to greet this officer. The couple were charged with a dangerous dog offense, which was later dismissed by the district attorneys office. Be Truthful. . accounts, the history behind an article. According to the complaint, LPD officer Mat Grashorn shot a 14-month-old Staffordshire terrier and boxer mix named Herkimer that he perceived as a threat when responding to a trespassing call. During this, Hamm yelled at Grashorn, asking him why he had shot a clearly friendly dog, according to the suit. And he was shot dead in broad daylight. LPD sent multiple officers, including Sergeant Metzler, to locate and tackle Ms. Garner, causing her to suffer a broken and dislocated shoulder. Get back to the truck! the officer responded. Two days after the lawsuit went public the city of Loveland and the LPD announced that they would be opening an investigation into the incident. The Avalanche championship dynasty crumbles less than a year after hoisting the Stanley Cup. 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. Loveland officials issued a statement late Friday on the shooting of a dog by a Loveland police officer in 2019. And then found to be reasonable by his superiors. Hear that pop?; New video released suggests police knew 73-year-old with dementia was injured during arrest, Loveland police shot developmentally delayed 19-year-old suffering mental health crisis, attorney says, Hammocks, outdoor lounge chairs and cushions to make, Stock market today: Markets steady after latest bank, Feds: Hospitals that denied emergency abortion broke, May brings Lion King sunrise to Colorado, Plenty of attacks on the debt cap, but no signs of, American Airlines, seeking new contract, vote to, First Republic Bank seized, sold in fire sale to, How to watch King Charles royal coronation. Bubba began a friendly gallop towards Officer Grashorn to greet him, the lawsuit says. | 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. Be Nice. Dogs are our family. "This is yet another agonizing illustration of all that is wrong at the Loveland Police Department," Love and Hamm's attorney, Sarah Schielke, at a press conference Wednesday. 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. 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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.. A few seconds more into this encounter, there were still about 15 yards of distance between the dogs and Officer Grashorn. Gregor Strasser - IMDb 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. Maybe you ought to have your dogs in your trucks, then! the officer yelled back at the man. 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. The lawsuit names the woman, Wendy Love, and the man, Jay Hamm, as plaintiffs. "You're not gonna be able to help him," Grashorn continued to yell at the couple. "This is yet another agonizing illustration of all that is wrong at the Loveland Police Department," Love and Hamm's attorney, Sarah Schielke, said at a press conference Wednesday. There was a problem saving your notification. There were no no trespassing signs erected. And then found to be reasonable by his superiors. Im not in the business to get bit.. Thats why Im here, because youre trespassing.. Why did you have to shoot him? Hamm yelled as Herkimer lay on the ground bleeding. 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. 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Schielke said her clients were hesitant about going public with what happened, given the publicity of the Garner case and just given how it really devastating it is to keep reliving this.. 2 reviews. You have permission to edit this article. He was beloved by his subordinates (and his superiors) for his excellent work on this front. Fred Smith knows real estate. Wednesday's announcement of the lawsuit accompanied . Herkimer was the light and love of Ms. Loves life. Hamm was charged with having a malicious dog on account of that conversation, the lawsuit alleges. "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. 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. Philip Metzler; Loveland Police Chief Robert Ticer; and the city of Loveland because they hope to change a department that needs to be cleaned out.. He was beloved by his family. Hes a dog pit bull coming to bite, me I dont take the chances. The shooting happened in 2019 in Loveland. The Loveland Police Department has released 911 audio and body camera footage from the police shooting of a 19-year-old last week. 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. But the statute used to file the charge requires bodily injury to occur, the lawsuit points out. What are temperatures normally like in May? 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. "But Grashorn didnt care. Share with Us. ", Later, when the group calmed down somewhat, Hamm again asks Grashorn why he didn't use his taser. To make the most of your backyard, look for durable and comfortable seating options. Please enter valid email address to continue. But instead, Herkimer was still alive, suffering and immobilized. Last week, U.S. District Court Judge Raymond P. Moore refused to dismiss the civil rights claims against Officer Mathew Grashorn for the shooting. Months later in November, Lt. Bob Shaffer wrote into the report that he found no policy violations. 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. 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. Hamm, on the other hand, said he knew right away. On July 20, 2020, Target contacted Loveland PD to deal with a man (Keenan Stuckey) suffering from mental health issues in their parking lot, requesting that they arrest or remove him even though he was breaking no laws and bothering nobody. February 23 . Hes hurt.. 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. This policy is unusually severe and openly dangerous. However, Hamm said, the back and forth never led to anything. Grashorn responded that he had no way of knowing whether Herkimer was friendly, that he wasnt in the business to get bit and he had no interest in waiting to find out if the dog was friendly. Herkimer had no history of biting or otherwise being dangerous to humans. A Loveland police officer may be held liable for shooting a couple's puppy in the head within seconds of exiting his car, a federal judge has ruled. It was not agricultural land. LOVELAND, Colo. (KDVR) The City of Loveland said Friday it will launch an independent investigation after a police officer shot and killed a dog. 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. Please look at the time stamp on the story to see when it was last updated. He has lived in the Aurora/Southeast Denver Metro area since 1965 and is an expert Getting ready for a yard project? Be Proactive. That officer and another involved in the arrest were later charged after a video was released of them mocking the woman while she remained in the precincts booking jail for hours without receiving medical aid. We knew of a lot of the businesses around there, she said. 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. Herkimer was clearly a friendly dog and not dangerous to anybody, the couples attorney, Sarah Schielke, told The Washington Post. The lawsuit, filed by Attorney Sarah Schielke, claims Herkimer was shot once in the head and once in the torso. Loveland police facing civil lawsuit for officer who shot a dog in 2019 Hopp says to the other officer as they watch the video of him dislocating Garner's shoulder. After the shooting, Grashorn refused to allow the distraught couple near Herkimer, ordering them to go back to their truck. Herkimer also ran toward Grashorn, and the officer shot him in the head and in the body. Dogs are welcome, but must be on a leash. Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. The suit claims Brown and Shaffer referred to Love and Hamm throughout the review as trespassers. In video the officer is seen parking his vehicle and exiting it. He added that he believes no one in Loveland is safe with how things are at the LPD. It says the officer who pulled the trigger Grashorn engaged in an ambush of the plaintiffs but didnt care.. Oh, my God, can I call a vet? the woman asked. Love continues to try and console the dog, asking Grashorn if she can take him to the vet. The selection changes often, but if you love good Buying or selling a home is the largest financial investment most people ever make.
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