The statement continues: LPD understands the publics concerns and the emotions this video elicits. He looked like he was curious and excited to greet this officer, and watching him get shot in the head and fall down was traumatic., She added: The only thing that could be worse than watching a video like this is watching a video like this and not doing anything about it.. Herkimer also ran toward Grashorn, and the officer shot him in the head and in the body. 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. Its the new home of High Plains Bank in Wiggins. "Herkimer could have been any of our beloved pets. Shooting at Budweiser Event Center. They issued a statement on Aug. 27: As a result of the recent litigation stemming from this event, the City of Loveland and the Loveland Police Department want to share the planned action in response to the litigation and related public concerns. About five minutes into the video, another officer can be seen on scene. 2 reviews. The couple said that while some officers who arrived tried to help, others were immediately confrontational. 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The man and the woman had unloaded a large outdoor-style ice chest into an empty parking lot; the man said they were going to paint it there because the location was out of the way and because he thought the business property looked like it was abandoned. It was not agricultural land. 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. 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 couple said they were out June 29, 2019, to deliver firewood around town. Keeler: Chris Paul got dirty. The suit claims that this level of trespassing, because of the lack of repellent measures, would be considered a petty offense under Colorado law. No racism, sexism or any sort of -ism Use the 'Report' link on He threw Garner, disoriented and confused, to the ground after she didn't respond to his commands to stop. August 26, 2021 11:45 AM The Loveland Police Department in CO is being sued after officer Mat Grashorn shot Wendy Love and her husband Jay Hamm's dog, who had to be euthanized. 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. The woman said she thought the dog might survive. Officer Grashorn did not put his firearm away. Get back to the truck! the officer responded. With no consequences to the officer whatsoever. Officer Grashorn had his gun pointed at Bubba within one second of Bubbas standing up. Moore, the district judge, did not watch the video before ruling on the motion to dismiss, but found the allegations in the plaintiffs' complaint sufficiently described a clear constitutional violation. 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. And the lawsuit says the district attorney ultimately dismissed the charge against Hamm in October 2019. This website is not a substitute for the advice of an attorney. February 23 . The officer immediately pointed his gun at Bubba, and Love and Hamm called for Bubba to return. In June 2019, Loveland police officer Matthew Grashorn arrived in an empty car park, where Wendy Love and her husband were letting their three dogs run around and drink water. His path of travel as he got closer to Grashorn was also not pointed towards Grashorn but instead was visibly slowing and veering off to the side in a C-shape, due to him beginning to point himself back to his owners who were calling him. The best home improvement jobs deserve the best materials. Please enter valid email address to continue. Or to keep it anonymous, click here. "We have pledged to increase accountability and transparency for our community including any opportunity to seek clarity into specific events. The couple was making firewood deliveries that day, and according to the lawsuit, stopped in the parking lot to give the dogs some water. 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. Within seconds of exiting his vehicle, body camera footage shows two dogs running through the parking lot. They were told that animal control was going to be seizing the dog after surgery because he was categorized as a dangerous dog. 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.". "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. Grashorn shoots the dog. The officer then yelled at the couple about whether he had any reason to believe the dog would not bite him. | The shootings lead not only to devastated families and viral news stories, but expensive lawsuit settlements for cities. 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. I said to Wendy he just shot our dog,' he said. each comment to let us know of abusive posts. The lawsuit alleged, in contrast, police officers had refused to let Herkimer be transported to a doctor until Metzler arrived and authorized it. LOVELAND, Colo. (KDVR) A civil lawsuit has been filed against the Loveland Police Department and City of Loveland after a police officer shot a couple's 14-month-old dog. Grashorn: Its the same thing. When confronted, she gave the items back and attempted to pay for them. Grashorn pointed his weapon at Bubba, and the dog retreated. 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. The building had no signage. This is the third lawsuit Schielke has filed against officers with the Loveland Police Department in the past two years. It's official: Jamal Murray, Nuggets are in Phoenix's heads now. Still, Chief Ticer and the City of Loveland maintain the policy and continue to encourage the prioritization of business interests over the safety and well-being of individual citizens (particularly those who appear to be poor). Editors Warning: Video footage of the incident included in this article is graphic. August 27, 2021, 11:22 am The Loveland Police Department in Colorado is facing another lawsuit after an officer shot and killed a 14-month-old puppy that jumped out of the owner's vehicle and. The selection changes often, but if you love good Buying or selling a home is the largest financial investment most people ever make. Love said this time was very difficult for the family as they grieved the loss of Herkimer. The dog, a 14-month-old Staffordshire terrier-boxer mix named Herkimer, was later euthanized. We were really happy and everything went to hell right then.. Shots were fired outside the event center in Loveland on Saturday. It concludes with a statement from Adams that the staff recognizes the need for transparency and accountability in city processes and intends to pursue a fair and complete investigation into all the facts. Karen Garner incident, in which a 73-year-old dementia patient suffered a broken arm following a violent arrest by Loveland Police. For the next two years, the couple grieved and decided what to do next. 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. "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," said Loveland City Manager Steve Adams in a statement. Be Nice. (from parent article) Up to 44 years for man in fatal police dog stabbing 0 police officers have gone to jail for killing a dog Their other two dogs, Bubba. Robert Pride began the BlueTeam review process despite the fact that the initial BlueTeam report from Grashorn had been sitting there, unreviewed, for 2 months.. 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. Warning: graphic content below. The incident was also captured on an officers body camera. I just hope things change at that police force, Hamm said. Herkimer was a sweet, loving, playful dog, the lawsuit says. Keep it Clean. They ultimately chose to file a civil suit against the officer; his supervisor, Sgt. It had no vehicles parked in or near it. "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. or anything. So I said, We are glad you have video.'. ", "Although the Court accepts as true Plaintiffs allegation that Herkimer 'displayed no signs of aggression'," Moore wrote, "that does not amount to a showing that Defendant Metzler could not have determined, based on the information given to him and viewing the footage, that probable cause existed to charge Plaintiffs with owning a dangerous dog.". 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.. The Staffordshire terrier-boxer mix had to be euthanized four days later. The lawsuit was made public by attorney Sarah Schielke Wednesday in an early morning press release. They are husband and wife, the documents indicate. LOVELAND, Colo. (KDVR) The City of Loveland said Friday it will launch an independent investigation after a police officer shot and killed a dog. Accessibility | Community holds rally in support of 19-year-old shot by Loveland police officer. The suit also accuses the department of sending a battalion of officers to the scene to refuse emergency veterinary care for the animal to cover up their misconduct before removing the dog from the scene.. He told dispatch that someone had tampered with the dumpster lock on the property once previously and he didnt want the truck occupants to mess with it. C.J. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); NEXT: Steve Martin, Martin Short Take Comedic Aim at Crime Podcasts in Only Murders in the Building, Joe Lancaster This is an archived article and the information in the article may be outdated. The teen had. Don't knowingly lie about anyone "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. We have never seen a car in the parking lot there.. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Love and Hamm say they don't want this to happen to another family. 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. A distraught Wendy Love approaches her dog Herkimer after the dog was shot. 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The man and the officer then engaged in a debate over whether a stun gun would have been the proper weapon. Hes a puppy! the woman in the video continued to plead. | accounts, the history behind an article. After the shooting, Grashorn refused to allow the distraught couple near Herkimer, ordering them to go back to their truck. DO I KNOW THAT? the officer yelled back. The lawsuit goes on to criticize Grashorns demeanor and accuses the officer of trying to cover[] up his excessive force and obvious misconduct., Herkimer displayed no signs of aggression, the lawsuit argues. Love and Hamm had spent most of June 29, 2019, delivering firewood along with their three dogs, Bubba, Max and Herkimer, the lawsuit states. An internal review by the Loveland Police Department found the shooting was justified. Tuccille And then found to be reasonable by his superiors. Sort by: Nancy Brger. (The audio is not captured by the body camera, which retains 30 seconds of footage before it is turned on, but not sound.). Soon after they stopped, Herkimer was shot by Loveland Police Department officer Mat Grashorn who was responding to the trespassing call and saw the dog as a threat; several days later Herkimer had to be euthanized. After finally getting Herkimer to the vet, Love and Hamm said the price for helping their dog began to climb and climb. Im not in the business to get bit.. Schielke said the dog was put into intensive care of four days before it had to be euthanized due to the injuries from the shooting. Get in the truck! the officer answered. Sarah Schielke, the lawyer for Love and Hamm, says that isn't true. 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. Everything about Herkimers face and demeanor was one of curiosity and friendly excitement. Im not in the business to get bit, shared Grashorn. 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Grashorn et al. After the shooting Love is heard begging Grashorn to let her take the still-living dog to a veterinarian. Hopp is now facing charges of felony assault, causing serious bodily injury, attempting to influence a public servant, and misconduct. 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.". They said they hope that, with the lawsuit in 8th Judicial District Court, those involved in writing off the incident are punished. Theyre not meant to treat viruses, however. When Love asked Grashorn if they could take Herkimer to the vet, he replied, Maam, youre not going to be able to help him, the video shows. In the video, the woman became increasingly emotional and asked if she could get the dog to a veterinarian. The business owner called the police to check out what they were doing, telling dispatchers that someone had tampered with the dumpster lock on the property once and he didnt want the truck occupants to mess with it.. A civil lawsuit 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. CBS4 reached out to the Loveland Police Department. Maam theyre not going to be able to help him, said Grashorn. Herkimer died four days after being shot. According to the lawsuit, Garner suffers from dementia and sensory aphasia, which makes it difficult for her to communicate and understand other people. When it comes to landscape Did you know Your Butcher, Frank has super tasty delicatessen salads? / CBS Colorado, LOVELAND, Colo. (CBS4) - Disturbing video of a Loveland police officer shooting and killing a family dog is now at the center of a civil lawsuit filed in Larimer County District Court. Bubba turned back in response to Plaintiffs calling him. The lawsuit claims the department reviewed the shooting and ruled the officer was justified in his actions. In accordance with police department policies and this pledge, the City intends to launch an additional independent investigation into the incident.". 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. On Tuesday, and over two years after the shooting, Love and Hamm sat down with the Reporter-Herald to talk about their experience and what they hope happens going forward. Franz Altendorfer. Then the officer changed his tune and suggested he would get help, but the audio recording does not suggest that help was immediately summoned. Really from every second from inception of this encounter through the end, his judgment is terrible, theres no common sense, theres no care. You have permission to edit this article. The officer said he was called to the scene the parking lot of a concrete business building with an adjacent picnic table because the business owner thought the man and the woman were loading stuff up.. Get browser notifications for breaking news, live events, and exclusive reporting. Its not right what they are doing; theyre hurting people.. And then found to be reasonable by his superiors. Herkimer was taken to Colorado State University, Love said, after he was seized from his owners. 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.. And he was shot dead in broad daylight. [images via body camera video and via the lawsuit], Have a tip we should know? The officers in the incident were responding to a trespassing call. The dog is a Staffordshire bull terrier/boxer mix. The use of deadly force against a person or an animal is taken with the utmost seriousness. In accordance with police department policies and this pledge, the City intends to launch an additional independent investigation into the incident.. Seconds later, Officer Matthew Grashorn fired two shots at the puppy. I have to do whats going to work. Why would I? the man responded, given the shooting of his pet. By the police. Accessibility Help. Thanks for telling me how to do my job!, Do I know your dogs friendly? the officer later told the man. The absurd recklessness of this policy and obvious risk it presents to the lives and health of Loveland citizens has played out over and over again quite publicly and quite embarrassingly for Loveland. There were no no trespassing signs erected. 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. One, later identified as Herkimer, turns and runs toward the officer. Although the plaintiffs claimed Loveland itself was also responsible for the shooting because the police department had an alleged policy of vigorously protecting businesses to the point of using excessive force, Moore did not find a pattern of similar incidents to support that narrative. Herkimers body fell to the ground, stiff and paralyzed, his eyes wide open in distress. 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. She was told to fill out a form, which she filled out at home. | Although Bubba turned around before reaching Grashorn, Herkimer, who had been resting in the couple's truck, came outside at the commotion. Only once Sgt. They had been driving quite a bit and it was a nice day. 5.1.2023 12:05 PM, Elizabeth Nolan Brown A few seconds more into this encounter, there were still about 15 yards of distance between the dogs and Officer Grashorn. He had his gun out and his adrenaline was up so he sure as heck was going to shoot something. 8.27.2021 3:20 PM. In 2019, St. Louis paid $775,000 to a woman whose dog was shot during a no-knock SWAT raid over an unpaid gas bill. It isn't clear if the dog was barking or growling at Grashorn before the shooting took place. That day, they decided on the lot in the 900 block of North Wilson Avenue . Photo courtesy of Sarah . Like always, they had their pack of dogs (Bubba, Max and Herkimer) riding along with them in their truck. Body-worn camera footage from Loveland Officer Mathew Grashorn, immediately before he shot Herkimer on June 29, 2019. The spacious, modern Austin Fleskes joined the Reporter-Herald team in August 2020 as the newsroom's public safety reporter. It is a terrible bummer, the officer said. Herkimer had no history of biting or otherwise being dangerous to humans. Talks with lawyers did not pay off and, Love said, a police friend of hers said it would be tough to go after the good old boys network of the LPD. They are private people, and they were scared, but they did summon the courage to do it and are taking it one step at a time, Schielke said. It also claims that chief Bob Ticer and other supervisory staff reviewed the body-worn camera footage and report, and declared Grashorns use of lethal force was justified. 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. He appeared to have just been shot dead. Preview trail. The officer then pointed his gun at Herkimer, who continued running toward him, before he shot the dog once in the head and once in the body. The officer said in the recording that he had been on the force for 14 years and had never shot a dog. Philip Metzler, Chief Robert Ticer, and the City of Loveland, Colo. The couple added the incident has had a dramatic toll on Max, Herkimers best friend. Oh, my God, please let me see him! Please, oh my God, let me see him?. 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. But then Herkimer, the couples 14-month-old puppy, jumped out of the truck and began running toward the officer. | Officers received a report at around 11:45 p.m. about gunshots outside of the arena in east Loveland. Okay, okay, the frustrated officer told the woman. June 26, 2020 Mountain biking. Hes dying, okay!. 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. Love and Hamm's other dog, Bubba, is sleeping on the ground but gets up and begins running toward the officer. The Avalanche championship dynasty crumbles less than a year after hoisting the Stanley Cup. Subscribe to Reason Roundup, a wrap up of the last 24 hours of news, delivered fresh each morning. According to the lawsuit, Garner suffers from dementia and sensory aphasia, which makes it difficult for her to communicate and understand other people. Lawsuit filed after Loveland police officer shoots dog. of the June 26, 2020, incident showed the officer, Austin Hopp, stopping Garner as she was walking home and picking wildflowers. It says the officer who pulled the trigger Grashorn engaged in an ambush of the plaintiffs but didnt care.. Herkimer was the light and love of Ms. Loves life. 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. Hamm can be heard asking Grashorn why he shot the dog. 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. Emailus. LOVELAND, Colo. (KDVR) A civil lawsuit has been filed against the Loveland Police Department and City of Loveland after a police officer shot a couples 14-month-old dog. 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. A comment from the Loveland Police Department will be added when it becomes available. Jump to. Hamm, on the other hand, said he knew right away. DISCLAIMER: This website is for general informational purposes only. The woman suffered a broken and dislocated shoulder. The suit described him as a sweet, loving and playful dog who was beloved by his family.
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