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June 2020 violent arrest of elderly woman in Loveland, Colorado, US

Arrest of Karen Garner
DateJune 26, 2020; 4 years ago (2020-06-26)
LocationLoveland, Colorado, United States

The arrest of Karen Garner, a 73-year-old woman with dementia and sensory aphasia, occurred on June 26, 2020 in Loveland, Colorado. Garner was violently arrested for allegedly shoplifting less than $14 of merchandise from a Walmart, which she had already returned. A lawsuit filed against the city and five officers alleges the officers failed to provide medical attention for six hours for Garner's broken arm, dislocated shoulder, and other injuries. Police station surveillance video shows officers celebrating, laughing, and exchanging fist bumps while watching video of the arrest, with Garner handcuffed in a jail cell a few feet away. The body camera and surveillance footage was released by Garner's attorneys and circulated widely. The arresting officer was suspended and two others placed on administrative duty. The city and county prosecutors have launched separate investigations, which come amidst increased public scrutiny in the United States of the use of force by police, including against people with mental and physical health conditions.

Arrest

External videos
video icon Police body camera video

On June 26, 2020, Karen Garner, a 73-year-old woman with dementia and sensory aphasia, left a Walmart near her home in Loveland, Colorado, about 50 miles (80 kilometers) north of Denver, allegedly without paying for soda, candy, a T-shirt and cleaning supplies worth $13.88. Walmart employees caught up to Garner outside the store and took back the items, refusing to allow her to pay for them with a credit card. Garner began walking home. According to Walmart, employees called the police because Garner allegedly pulled off an employee's facemask. According to Garner's family, the Walmart employees who called the police told dispatchers that Garner was elderly.

Minutes later, Austin Hopp, an officer with the Loveland Police Department, intercepted Garner while she was walking through a field alongside the road, picking purple wildflowers. Hopp moved aggressively to arrest Garner, who appeared confused and frightened. She turned away from Hopp, who said to her, "I don’t think you want to play it this way," and "Do you need to be arrested right now?" Garner continued walking, holding her hands in the air, gripping the flowers she had collected.

Within seconds, Hopp grabbed Garner's arms and pulled them backwards to handcuff her. Hopp pushed Garner, who weighed 80 pounds (36 kilograms), to the ground and struggled to keep her handcuffed arms behind her back. Garner was forced to the ground multiple times. She repeatedly said "I am going home" during the struggle.

A second officer, Daria Jalali, arrived and helped Hopp hold Garner against the hood of a police vehicle while pulling her handcuffed arms. Eventually, the officers hogtied Garner on the side of the road and forced her into a police vehicle. After Garner was on the ground, a bystander filming the scene asked the officers, "Do you have to use that much aggression?", to which an officer replied, "What are you doing? Get out of here. This is not your business."

According to Garner's family, during the arrest, officers broke Garner's arm, dislocated her shoulder, and covered her body in bruises. According to Garner's attorney, Sarah Schielke, as a result of her injuries, Garner lost most functional use of her left arm and requires assistance with basic activities such as showering and dressing. According to Garner's attorney, Garner received no medical care for six hours after her arrest.

Prosecutors later dropped the charges against Garner.

Booking

External videos
video icon Police station surveillance video

After bringing Garner to the police station, Hopp, Jalali, and a third officer, Tyler Blackett, were recording by a police station surveillance camera laughing and celebrating while watching footage of the arrest from Hopp's body camera, with Garner a few feet away in a jail cell, handcuffed to a bench. On the video, Hopp admits he did not give Garner a Miranda warning, and referred to Garner as "ancient" and "senile and stuff." Hopp said Garner was "flexible," and he was "proud" and "super excited" to use his hobble (a restraint used by police) to hogtie Garner. Hopp described the popping sound that Garner's shoulder made when Hopp dislocated it while handcuffing her against the hood of his vehicle. Hopp told Jalali, "I was pushing, pushing, pushing. I hear — pop. I was like 'oh no.'" Jalali put her head in her hands. While watching the moment he dislocated Garner's shoulder, Hopp said to the other officers, "Ready for the pop?" and "Hear the pop?" Officers asked Hopp what popped, and Hopp replied "I think it was her shoulder." Jalali said "I hate this" and pulled her hat over her eyes, while Blackett said, "I love it." While watching the portion of the bodycam video where an officer dismissed the bystander's concerns, Hopp and Blackett exchanged a fist bump.

Body camera and surveillance video, with enhanced audio, were released on Monday, April 26, 2021 by Garner's attorney, Sarah Schielke.

Officer Hopp seemed to be aware he injured her. AP

Lawsuit and investigations

Lawsuit filed on Thursday, April 15, 2021 in the U.S. District Court of Colorado. The lawsuit names the City of Loveland, Hopp, Jalali, Blackett, Sergeant Phil Metzler who was the supervisor on the scene, and Sergeant Antolina Hill who approved the officers' paperwork. The lawsuit alleges the police knew Garner was injured. The police originally said they had not received a complaint regarding Garner's injuries. The police chief told the media he was unaware of Garner's injures prior to the lawsuit. Among other claims, the lawsuit alleged violations of the Americans with Disabilities Act.

After the lawsuit was filed, Hopp was suspended, and Jalali and Metzler were placed on administrative duty, pending the outcome of an internal investigation. The bodycam and video footage circulated widely, and following days of public outcry, municipal officials announced an investigation would be carried out by third-party law enforcement agencies. Colorado's Eighth Judicial District Attorney is conducting a separate criminal investigation of the police officers.

The arrest came amidst increased public scrutiny in the United States of the use of force by police, including against people with mental and physical health conditions. Some US cities send non-police mental health specialists to respond to such incidents, and Garner's family said in the lawsuit that a response by a mental health crisis team would have been a better than a violent arrest by police.

References

  1. ^ Christopher Brito (April 26, 2021). "Video shows police officers laughing at footage of arrest in which they allegedly injured 73-year-old woman with dementia". CBS News. Retrieved April 27, 2021.
  2. ^ Colleen Slevin (April 26, 2021). "Cop accused of hurting woman’s arm: ‘Ready for the pop?’". Associated Press. Retrieved April 26, 2021.
  3. ^ Tim Elfrink (April 20, 2021). "Prosecutors open criminal probe into police who allegedly broke the arm of a 73-year-old woman with dementia". The Washington Post. Retrieved April 27, 2021.
  4. Video excerpt: "VIDEO: Bodycam footage shows Officer Austin Hopp arresting 73-year-old woman with dementia" (April 27, 2021). Australian Broadcasting Corporation. Retrieved April 27, 2021.
  5. ^ Cite error: The named reference CBS2 was invoked but never defined (see the help page).
  6. Video excerpt: "VIDEO: Surveillance video shows Officer Austin Hopp and two other officers watching his bodycam footage as he makes the 'pop' comment" (April 27, 2021). Australian Broadcasting Corporation. Retrieved April 27, 2021.
  7. "City of Loveland Message - Garner vs. City of Loveland" (April 19, 2021). City of Loveland, Colorado. Retrieved April 27, 2021.

Further reading

External links

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