His pace slowed and then Herkimers pointed his direction of travel away from the officer, peeling off to turn back to his owners. But Officer Grashorn already had his gun out for Bubba, and Officer Grashorn was eager to utilize his firearm. Officer Grashorn did not put his firearm away. The Loveland police department told FOX31s Deborah Takahara: It is and has been our policy not to comment on pending litigation.. It pauses and turns toward its owners, but Herkimer jumps out of the truck and lopes toward Grashorn with its tail wagging. With their dogs Herkimer, black lab Max and Rhodesian ridgeback Bubba in tow, the pair stopped in a vacant parking lot next to an apparently vacant commercial building to make some repairs to a large box they were going to use for their final firewood delivery of the day. "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. Herkimers body fell to the ground, stiff and paralyzed, his eyes wide open in distress. Therefore the worst crime alleged to have been committed by Ms. Love and Mr. Hamm by the business owner was third degree trespass, which is the lowest-level form of trespass, and a mere petty offense under Colorado law. Ciaramella Love and Hamm's other dog, Bubba, is sleeping on the ground but gets up and begins running toward the officer. But he never once took one step backwards. Loveland police facing civil lawsuit for officer who shot a dog in 2019 Oh, my God, please let me see him! Loveland police officer Mat Grashorn pulled up in his patrol vehicle and got out without announcing himself, the complaint shows. Instead, he moved his gun from being pointed at Bubba to being pointed at Herkimer, tracking Herkimer as he began to turn away. This is the third lawsuit Schielke has filed against officers with the Loveland Police Department in the past two years. 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. I dont know, because hes coming after me like hes going to bite me, the Loveland Police Department officer replied. After the shooting Love is heard begging Grashorn to let her take the still-living dog to a veterinarian. June 26, 2020 Mountain biking. LPD sent multiple officers, including Sergeant Metzler, to locate and tackle Ms. Garner, causing her to suffer a broken and dislocated shoulder. Owners of dog shot by Loveland police officer speak out about incident Preview trail. 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. The woman suffered a broken and dislocated shoulder. He was later euthanized. | It's the same thing.". With no consequences to the officer whatsoever. When it comes to landscape Did you know Your Butcher, Frank has super tasty delicatessen salads? "Herkimer could have been any of our beloved pets. Schielke said she was sending people to serve the suit to the LPD on Tuesday. 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. 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. Only once Sgt. 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. 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. A spokesperson with the city of Loveland was unable to immediately provide a response to The Post but said the city was reviewing the complaint. Any reasonable person with any training or experience would have recognized that Herkimer was not a threat to anyones safety. Body camera footage of the June 26, 2020, incident showed the officer, Austin Hopp, stopping Garner as she was walking home and picking wildflowers. Later, when the officer walked to the couples truck, the lawsuit states, Hamm demanded to know why the officer would shoot a clearly friendly dog. Grashorn responded that he had no way of knowing that, adding that he was not in the business to get bit. Hamm demanded to know why the officer did not use a stun gun on the puppy instead of a firearm. Most body cameras only record video until the camera is activated, and then the audio will begin recording. The video ended as the officer announced end of call while turning off his body camera. 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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. Okay. The officer repeatedly told her that an attempt to procure medical treatment would be pointless and did not attempt to call for help. 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. Within seconds of exiting his vehicle, body camera footage shows two dogs running through the parking lot. Hes dying! 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 officer was. 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. Colorado Police Officer Sued for 'Recklessly' Shooting Family Dog Love and Hamm are now represented by Sarah Schielke of the Life and Liberty Law Office in a civil lawsuit against the LPD and the officers involved in the 2019 shooting. Jay Hamm points out Grashorn could have used his taser on the dog. The department has made local and national headlines for allegations of excessive use of force all of them recorded by officers body cameras. So I said, We are glad you have video.'. But instead, Herkimer was still alive, suffering and immobilized. 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. The lawsuit claims the department reviewed the shooting and ruled the officer was justified in his actions. The lawsuit was made public by attorney Sarah Schielke Wednesday in an early morning press release. When the couple who owned the dog suggested going to the media, the lawsuit says Metzler told Grashorn hed better scratch him a ticket for something to retaliate for against the likely publicity. Ms. Love, close behind him, began sobbing and crying. This is an ongoing story, the Loveland Reporter-Herald will update as more information becomesavailable. Gregor Strasser - IMDb If hes dying, let me see him! racist or sexually-oriented language. The use of deadly force against a person or an animal is taken with the utmost seriousness. He added that he believes no one in Loveland is safe with how things are at the LPD. He died four days after being shot by a Loveland police officer. 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. Dispatchers allegedly asked him if it appeared that Love and Hamm were doing anything to the dumpster, to which he said no. Dog and cat antibiotics are medications prescribed by a veterinarian that can help treat a bacterial infection. "Herkimer was a full-grown dog, not a puppy, and not a small dog. Im not in the business to get bit, shared Grashorn. 'I'm not in the business to get bit'; Lawsuit filed after Loveland He asks Hamm what he and Love are doing at the empty parking lot and he explains they were there to paint an ice machine for a customer to store wood in. Photo courtesy of Sarah. Moore did agree to dismiss the remaining defendants, the city of Loveland and Sgt. Grashorn draws his gun on the dog, but the couple yells at the animal to come back. from the Loveland Police Department showing Hopp watching the body camera footage with two other officers and joking about it. According to the lawsuit filed by Wendy Love and Jay Hamm, the incident happened on June 29, 2019. Loveland Cop Surprises Family, Shoots Their Dog in Broad Daylight The officer also claimed he "only had three seconds" to respond to the dogs, while at the same time arguing he "did allow Plaintiffs an opportunity to control" them. Subscribe to Reason Roundup, a wrap up of the last 24 hours of news, delivered fresh each morning. The Kremlin is trying to kill Alexei Navalny. The officer yelled for the couple to call him back. Reason has been covering sad incidents of "puppycide" like Herkimer's for decades now. Please look at the time stamp on the story to see when it was last updated. Privacy Policy | He had his gun out and was eager to shoot something.". settled a different wrongful arrest lawsuit, " like Herkimer's for decades now. Keeler: Chris Paul got dirty. The 8th Judicial District Critical Incident Response Team . The dog survived for four days before needing to be euthanized, the lawsuit says. Subscribe to Colorado Politics today! Thats when the man said he had brought the ice machine to the lot to paint it while making firewood deliveries. Can I see him? The lawsuit alleges that, following the shooting, Metzler said since Love and Hamm had mentioned sharing the story with media, we better scratch him a ticket for something., The suit claims that Grashorn told animal control and the veterinarians attempting to treat Herkimer that the dog attacked him. 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. No immunity for Loveland cop who shot puppy Theres nothing like lazy summer days relaxing on the patio. The man in the video who owned the dog suggested he was from out of town. The lawsuit, filed by Attorney Sarah Schielke, claims Herkimer was shot once in the head and once in the torso. In a lawsuit filed this week, the couple allege that Grashorn used excessive force on the sweet, loving and playful dog, which they say had no history of biting or being aggressive toward humans. Multiple officers responded, but Grashorn was the first to arrive. 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.. It also seeks interest and attorneys fees and costs. Yeah. Grashorn believed he was entitled to qualified immunity, which shields government employees from civil liability unless they violate a person's clearly-established legal rights. Loveland police facing civil lawsuit for officer who shot a dog in 2019 A swarm of uniformed officers were visible near where the dogs body had once laid. It feels like (Grashorn) had some other agenda that day, Love said. The case isLove et al. Karen Garner incident, in which a 73-year-old dementia patient suffered a broken arm following a violent arrest by Loveland Police. Lawsuit filed after Loveland police officer shoots dog. The situation seemed to resolve with a warning with the man promising he would not return to the lot. Hamm said he hopes that there is change in the department. The lawsuit names the woman, Wendy Love, and the man, Jay Hamm, as plaintiffs. The dog, a 14-month-old Staffordshire terrier-boxer mix named Herkimer, was later euthanized. He was also involved in the violent arrest of an elderly women with dementia one year after Herkimer's killing. Weather UV Index Daylight. 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.". I didnt know that! the officer said as the woman began to sob. Rally in support of 19-year-old shot by Loveland police officer - KUSA.com Aaron Keller holds a juris doctor degree from the University of New Hampshire School of Law and a broadcast journalism degree from Syracuse University. 2 reviews. Dogs are our family. He tells her she needs to wait until his sergeant arrives to investigate the scene. | The lawsuit alleges that Grashorn's shooting of Herkimer was an unreasonable seizure under the Fourth Amendment and violated their constitutional rights. Do I know that? Get browser notifications for breaking news, live events, and exclusive reporting. Love and Hamm say they don't want this to happen to another family. The building had no signage. At around 10 minutes into the body camera footage, several other officers can be seen on scene helping Love and the dog. He was always wanting to please you, Love said. Nearly a week after the shooting, 19-year-old Alexander Domina remains in the hospital unable to breathe on his own. No reasonable officer or reasonable person would have perceived this situation as a threat requiring the immediate euthanization of an innocent citizens beloved pet. 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. . Hes hurt.. 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. resigned from the police department last year. What are temperatures normally like in May? The couple said their entire family, including Herkimers best friend Max, has not been the same since. In accordance with police department policies and this pledge, the City intends to launch an additional independent investigation into the incident.. 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. At several instances, the man quipped as to whether the officers wanted to shoot his other dog while they were there. Shots were fired outside the event center in Loveland on Saturday. 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. Shielke asked. 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. I said to Wendy he just shot our dog,' he said. The shooting of the dog occurred June 29, 2019, when LPD responded to a trespassing call in the northwest part of the city. Sir, tell her to get away, the officer told the man. Love nonetheless cradled Herkimer while Grashorn warned Love, "He will bite you, he's hurt." Man arrested after shots fired Saturday night outside Budweiser Events Love said this time was very difficult for the family as they grieved the loss of Herkimer. When he arrived, the dogs took notice of Grashorn. The lawsuit alleged that the city and its police department have been subjected to public outcry and has become known (now, internationally) for subjecting its citizens to incidents of extraordinarily excessive force and disproportionately reckless violence whenever a private business owner makes a complaint of petty theft or petty trespass., And it calls the couples actions in the parking lot the pinnacle of non-urgent calls..

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