Herkimer appears in an image embedded with a civil lawsuit. Before coming to Loveland, he graduated from Colorado State University in May 2020 with two bachelor's degrees, one in journalism and media communications and one in history. 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. We have pledged to increase accountability and transparency for our community including any opportunity to seek clarity into specific events. Kevin Durant moped. 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. The Detroit Police Department has settled a string of lawsuits for shooting dogs during drug raids. The flag pole was bare. Colorado Politics is published both in print and online. Hes a dog pit bull coming to bite, me I dont take the chances. 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. Like always, they had their pack of dogs (Bubba, Max and Herkimer) riding along with them in their truck. 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. The dog is a Staffordshire bull terrier/boxer mix. (The audio is not captured by the body camera, which retains 30 seconds of footage before it is turned on, but not sound.) The news comes after a couple filed a. Preview trail. Privacy Policy | Denver airport makes Food & Wine's list of top 10 U.S. airports with best restaurants, Celebration of life for Alexa Bartell, killed by rock thrown through windshield, draws hundreds to Arvada church, Skier killed in avalanche near Breckenridge, With Andrew Cogliano out for rest of Stanley Cup Playoffs, Kraken's Jordan Eberle discusses hit that fractured Cogliano's neck, Your complete guide to Denver-area farmers markets in 2023, Avalanche's Stanley Cup defense sputters to end in Game 7 of first round vs. underdog Seattle Kraken, Do Not Sell/Share My Personal Information. 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. In her initial release of the lawsuit, Schielke included two pieces of video footage,one a clipped together videoshowing the incident in a more concise packageas well as the unedited body-worn camera footagefrom Grashorn. He threw Garner, disoriented and confused, to the ground after she didn't respond to his commands to stop. In the video, you can see a pair of dogs get out of a truck and approach an officer, who Schielke identified as Matthew Grashorn. Ciaramella I just hope things change at that police force, Hamm said. His pace slowed and then Herkimers pointed his direction of travel away from the officer, peeling off to turn back to his owners. 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. Don't knowingly lie about anyone Get back to the truck! the officer responded. The officers in the incident were responding to a trespassing call. 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. Grashorn then fired twice, hitting the dog in the face and the body, according to the suit. The suit claims that this level of trespassing, because of the lack of repellent measures, would be considered a petty offense under Colorado law. My sergeants coming, the officer said. Thats why its so important to That great looking new building in Wiggins? person will not be tolerated. And then found to be reasonable by his superiors. Schielke said her clients were traumatized by the shooting that took place and chose to file a lawsuit after being unable to peacefully move on from the tragic shooting. Please avoid obscene, vulgar, lewd, The police department told Denver NBC affiliate KUSA-TV that it does not comment on pending litigation. Loveland police facing civil lawsuit for officer who shot a dog in 2019 https://trib.al/CBDe15X. Don't Threaten. Metzler was the champion of ensuring Loveland Police officers were never held accountable. He is a former anchor and executive producer for the Law&Crime Network and is now deputy editor-in-chief for the Law&Crime website. This article was published more than1 year ago. The Staffordshire terrier-boxer mix had to be euthanized four days later. 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. 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. Deputies responded to the area where the shots had been heard and found multiple shell. 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. June 26, 2020 Mountain biking. | The video later indicates that the officer was called to the scene to investigate a report of trespassing. Terms Of Use. Love said that Max would often walk around their small Coal Creek Canyon neighborhood and sometimes Herkimer would follow, but would return to the house before Love had to go out to get Max. The suit was filed Sunday in the 8th Judicial District Court in Fort Collins. Love and Hamm's other dog, Bubba, is sleeping on the ground but gets up and begins running toward the officer. The couple added the incident has had a dramatic toll on Max, Herkimers best friend. At around 10 minutes into the body camera footage, several other officers can be seen on scene helping Love and the dog. Hamm was ticketed for having a "dangerous dog." Get to your truck! But the footage showedBubba, a 16-year-old dog, get up from the pavement after Grashorn closed his car door and begin running toward Grashorn. Grashorn replied that shooting the dog is the only thing that always works, the lawsuit states. 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. Grashorn is still on the force, court records state. It alleges various an unlawful seizure under the Colorado Revised Statutes and the Colorado Constitution, an unlawful use of fourth under federal law and under the U.S. Constitution, malicious prosecution, due process violations, and for allegedly maintaining unconstitutional policies, practices, customs. The lawsuit includes four claims for relief for the family against individual officers and the city of Loveland. 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.". When the war ended Strasser joined one of the "freikorps", which were right-wing paramilitary units, many composed of ex-soldiers, that formed in Germany after the war ended and engaged in intimidation of . He threw Garner, disoriented and confused, to the ground after she didn't respond to his commands to stop. He was beloved by his family. He has lived in the Aurora/Southeast Denver Metro area since 1965 and is an expert Getting ready for a yard project? Herkimer was the light and love of Ms. Loves life. In 2019, a Faulkner County, Arkansas, sheriff's deputy was fired and charged with animal cruelty after he casually shot a small dog because the owner refused to walk outside to talk to him. Reading this site or interacting with the author via this site does not create an attorney-client relationship. 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. 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. "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. However, department officials later deemed the actions Grashorn took were appropriate. Please, oh my God, let me see him?. Secure your subscription to Colorados premier political news journal, in continuous publication since 1898. Last month, the city of Loveland settled a different wrongful arrest lawsuit for $290,000. 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. It should free him. Without warning, the officer pulled out his gun and pointed it at one of the dogs, video shows. Okay, okay, the frustrated officer told the woman. You should not rely on it for legal advice. Nearly a week after the shooting, 19-year-old Alexander Domina remains in the hospital unable to breathe on his own. "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. The suit claims, and the video shows, that Grashorn did not give any warning to Love and Hamm that he was there. (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 Only once Sgt. 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. The lawsuit explains the specifics on the accusation of trespassing: The commercial lot at 995 N. Wilson Ave. where Plaintiffs had parked was not fenced or enclosed to keep intruders out. Theyre not meant to treat viruses, however. Hes dying, okay!. The lawsuit claims the department reviewed the shooting and ruled the officer was justified in his actions. Herkimer also ran toward Grashorn, and the officer shot him in the head and in the body. In accordance with police department policies and this pledge, the City intends to launch an additional independent investigation into the incident.". "It was in violation of Colorado's Dog Protection Act. "Herkimer was a full-grown dog, not a puppy, and not a small dog. 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. 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. Keeler: Chris Paul got dirty. | The video states that after four days of suffering, Herkimer was euthanized. of the June 26, 2020, incident showed the officer, Austin Hopp, stopping Garner as she was walking home and picking wildflowers. Geisenfeld is a town in the district of Pfaffenhofen, in Bavaria, Germany.It is situated on the river Ilm, 16 km (9.94 mi) southeast of Ingolstadt.The town grew up around Geisenfeld Abbey, a convent founded in 1037.. Subdivisions. There was no threat to him at all. 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 family's dog in time span of approximately 13 seconds in June 2019. I said to Wendy he just shot our dog,' he said. Bubba was trotting back to his owners and Herkimer was beginning to turn himself to do so as well. You have permission to edit this article. Herkimer immediately goes limp after being shot and Love runs to offer the dog aid. 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. 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. Hamm, on the other hand, said he knew right away. According to the suit, the department reviewed the video and found that the officer responded appropriately. Officers received a report at around 11:45 p.m. about gunshots outside of the arena in east Loveland. Instead, he stepped forward and kept his gun on Bubba. He was wagging his tail and appeared curious and excited. They are husband and wife, the documents indicate. 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.. His owners say he was happy and playful and never aggressive. Why did you have to shoot him? Hamm yelled as Herkimer lay on the ground bleeding. This material may not be published, broadcast, rewritten, or redistributed. Within seconds of exiting his vehicle, body camera footage shows two dogs running through the parking lot. If he wants to let you take him to the vet, he can.. They said they hope that, with the lawsuit in 8th Judicial District Court, those involved in writing off the incident are punished. 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.". Im not in the business to get bit, shared Grashorn. that is degrading to another person. Write review. 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. accounts, the history behind an article. The owner of the building, watching remote surveillance video of the lot, asked police to check on what they were doing there. 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. Or to keep it anonymous, click here. The officer then yelled at the woman to get away from the mortally wounded dog, saying it would bite her. Before coming to Loveland, he graduated from Colorado State University in May 2020 with two bachelor's degrees, one in journalism and media communications and one in history. It pauses and turns toward its owners, but Herkimer jumps out of the truck and lopes toward Grashorn with its tail wagging. Be Proactive. 2 reviews. Later he added It was just something that was so unnecessary.. The shooting of the dog occurred June 29, 2019, when LPD responded to a trespassing call in the northwest part of the city. So, if a suspect comes at me with a knife, I need to try and Tase him before I shoot him? Their other two dogs, Bubba and Max stay close as their attorney, Sarah Schielke, right, listens. Florida teen who fatally shot a police dog was sentenced to 23 years in prison. Why did you do that? Love said through tears. 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. August 27, 2021 at 6:27 a.m. EDT A couple are suing a Loveland, Colorado, police officer who they say used excessive force when he shot their 14-month-dog that jumped out of a truck and ran. The officer immediately pointed his gun at Bubba, and Love and Hamm called for Bubba to return. I have to do whats going to work. The shootings lead not only to devastated families and viral news stories, but expensive lawsuit settlements for cities. The dog, a 14-month-old Staffordshire Terrier and Boxer mix named Herkimer, later had to be . An internal review by the Loveland Police Department found the shooting was justified. The incident was also captured on an officers body camera. Two months later, Love allegedly went to the LPD to file a complaint. Philip Metzler, Chief Robert Ticer, and the City of Loveland, Colo. The lawsuit says the citys M.O. She said it is too quiet at their old home. He added that he believes no one in Loveland is safe with how things are at the LPD. 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. He will bite her. They described Herkimer as a loyal, playful and fun dog who always wanted to be involved. Hes hurt, he said of the puppy. The lawsuit claimed Grashorn was investigating the couple for trespassing when the shooting took place. 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. Oh, my God, please let me see him! 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. In 2019, St. Louis, to a woman whose dog was shot during a no-knock SWAT raid over an unpaid gas bill. A comment from the Loveland Police Department will be added when it becomes available. Why would I? the man responded, given the shooting of his pet. According to the lawsuit, Garner suffers from dementia and sensory aphasia, which makes it difficult for her to communicate and understand other people. v. Grashorn et al. But instead, Herkimer was still alive, suffering and immobilized. 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. 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. 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. A few seconds more into this encounter, there were still about 15 yards of distance between the dogs and Officer Grashorn. 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. The named defendants are Officer Mathew Grashorn, Sgt. The full body camera footage from the incident was released on Wednesday morning by Sarah Schielke, the attorney representing Love and Hamm. 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.. Grashorn: You need to listen to what youre telling me. Shaffer and assistant chief Tim Brown, now retired, allegedly continued in their review process, stating obvious lies and falsehoods, including characterizing Herkimer as a Pit Bull (he clearly was not) and suggesting the business owners complaint had alleged wrongdoing with his dumpster.. Grashorn pointed his weapon at Bubba, and the dog retreated. | Two of the dogs ran towards the officer, and he yelled at the. After the shooting Love is heard begging Grashorn to let her take the still-living dog to a veterinarian. 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. The document then describes what happened when the police pulled up from the couples perspectives in very harsh language against the officer. Get an email notification whenever someone contributes to the discussion. 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.
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