loveland police dog shooting

Community holds rally in support of 19-year-old shot by Loveland police officer. KMGH - Denver Scripps. 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. "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. released along with the lawsuit shows Grashorn stepping out of his police cruiser. So he did. It continues: Rather than take less than two steps back into his vehicle to give Ms. Love and Mr. Hamm an opportunity to control Bubba, Officer Grashorn, still moving towards the family, immediately pulled out his firearm and pointed it at Bubba. Devin Booker sulked. A female officer asked the man to drive his truck closer to the dog so that the animals blood wouldnt get all over. This is an archived article and the information in the article may be outdated. Why would I? the man responded, given the shooting of his pet. With no consequences to the officer whatsoever. "But Grashorn didnt care. While Bubba turned back, Herkimer turned and looked at the officer as he got closer. CBS4 reached out to the Loveland Police Department. Preview trail. 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.. There were no no trespassing signs erected. Herkimer could have been any of our beloved pets. What the couple did not know was that the owner of the building, who was looking at his surveillance video remotely, had called Loveland police to report the silver truck, according to court records. The suit claims he decided to call the LPD to investigate, 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.. 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. or anything. He has lived in the Aurora/Southeast Denver Metro area since 1965 and is an expert Getting ready for a yard project? When it comes to landscape Did you know Your Butcher, Frank has super tasty delicatessen salads? Grashorn then turns it on and tells the woman to go back to her vehicle. Please look at the time stamp on the story to see when it was last updated. He will bite you! the officer repeated several times under the apparent supposition that the dog was vicious. Okay. Bubba began a friendly gallop towards Officer Grashorn to greet him, the lawsuit says. 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.. 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. 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. The video later indicates that the officer was called to the scene to investigate a report of trespassing. For the next two years, the couple grieved and decided what to do next. Body-worn camera footage from Loveland Officer Mathew Grashorn, immediately before he shot Herkimer on June 29, 2019. This is an archived article and the information in the article may be outdated. The case isLove et al. No immunity for Loveland cop who shot puppy, An article from the Loveland-Reporter Herald, under a sweeping police accountability law. The officer said it made no sense to use private property in such a manner. Hes dying! It was a Saturday and there were no other people in the vicinity, so Love and Hamm let their three dogs out of their truck to stretch while Hamm made repairs to some equipment. Last week, U.S. District Court Judge Raymond P. Moore refused to dismiss the civil rights claims against Officer Mathew Grashorn for the shooting. The suit claims Brown and Shaffer referred to Love and Hamm throughout the review as trespassers. Most body cameras only record video until the camera is activated, and then the audio will begin recording. At around 5 p.m. June 29, 2019, Love and Hamm were working for their firewood delivery business in the Loveland area. June 26, 2020 Mountain biking. I cant believe you fucking shot him! the man appeared to yell from the distance but he was a bit hard to make out. 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. My sergeants coming, the officer said. Sir, tell her to get away, the officer told the man. The lawsuit, filed by Attorney Sarah Schielke, claims Herkimer was shot once in the head and once in the torso. Thats why Im here, because youre trespassing.. Then the officer changed his tune and suggested he would get help, but the audio recording does not suggest that help was immediately summoned. At around 10 minutes into the body camera footage, several other officers can be seen on scene helping Love and the dog. 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. 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 Loveland police department told FOX31s Deborah Takahara: It is and has been our policy not to comment on pending litigation.. Keep it Clean. While in the parking lot, the couple let each dog out of the truck to drink water. The use of deadly force against a person or an animal is taken with the utmost seriousness. Subscribe to Colorado Politics today! 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.". DENVER (AP) 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. 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. . It pauses and turns toward its owners, but Herkimer jumps out of the truck and lopes toward Grashorn with its tail wagging. Get back to the truck! the officer responded. . The Detroit, Rivian Continues To Hemorrhage Money Despite $1.5 Billion in State Incentives, Minnesota Is Poised To Join 22 Other States in Legalizing Recreational Marijuana, Oren Cass Notices One of Industrial Policy's Fatal Flaws, Regulators Seize First Republic Bank and Sell It to JPMorgan Chase, Pro-Lifers Pushed Too Far and Doomed 2 Abortion Bans. 2 reviews. | Love said that on especially hot days when a lot of deliveries needed to be made, they look for a shady place to pull over and get the dogs some water. There were less than 5 feet between Grashorn and obvious, accessible refuge in his patrol car. When confronted, she gave the items back and attempted to pay for them. 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. 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. 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. 5.1.2023 12:05 PM, Elizabeth Nolan Brown Eventually, Love said, the decision was made to put down Herkimer because of what he was going through and the long-lasting effects the shooting would have had. His pace slowed and then Herkimers pointed his direction of travel away from the officer, peeling off to turn back to his owners. 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. 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. Thats when the man said he had brought the ice machine to the lot to paint it while making firewood deliveries. Speak to a competent lawyer in your jurisdiction for legal advice and representation relevant to your situation. The 8th Judicial District Critical Incident Response Team . Herkimer, like the puppy he was, pranced along side him as he did so, fixated on what Bubba was interested in. Loveland police facing civil lawsuit for officer who shot a dog in 2019 https://trib.al/CBDe15X. 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 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. Ms. Love and Mr. Hamm quite startled immediately did so. 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. Herkimer died four days after being shot. I dont know, because hes coming after me like hes going to bite me, the Loveland Police Department officer replied. 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. 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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. Wednesday's announcement of the lawsuit accompanied . By the police. Sergeant Metzler was well known within the Loveland Police Department for being the supervisor you call when youve royally screwed something up. The owners of the dog are asking for damages in the case. The building had no signage. 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. Get browser notifications for breaking news, live events, and exclusive reporting. Terms Of Use. Love and Hamm say they don't want this to happen to another family. 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 owner of the building, watching remote surveillance video of the lot, asked police to check on what they were doing there. LOVELAND, Colo. (KDVR) The City of Loveland said Friday it will launch an independent investigation after a police officer shot and killed a dog. Love began to scream and cry, begging the officer to let her help Herkimer and take him to the vet; the officer said no, and told her there was nothing to be done, according to the suit. Officer Grashorn didnt care. Geisenfeld has twelve districts, formerly independent municipalities: "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. 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. I said, We didnt even go within 20 feet of the building,' Love said. The shooting, which took place on June 29, 2019, happened in a vacant lot in Loveland. She was told to fill out a form, which she filled out at home. "Herkimer could have been any of our beloved pets. Theyre not meant to treat viruses, however. Herkimer was the light and love of Ms. Loves life. Shielke says she thinks after this and the Karen Garner incident, in which a 73-year-old dementia patient suffered a broken arm following a violent arrest by Loveland Police, there may be a culture problem within the department. Love and Hamm had spent most of June 29, 2019, delivering firewood along with their three dogs, Bubba, Max and Herkimer, the lawsuit states. He suspected that they were poor and wanted to surprise them, to see if they were up to anything he might be able to get an arrest for, the lawsuit claims. 5.1.2023 7:00 AM, 2022 Reason Foundation | 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. Grashorn immediately points his gun at the dogs and can be seen firing two shots at one of the dogs, identified as Herkimer. Grashorn is still on the force, court records state. 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. Kevin Durant moped. Franz Altendorfer. He was later euthanized. The Loveland Police Chief Bob Ticer and two other senior officers reviewed the video and found no policy violations and deemed Grashorn's actions reasonable. 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. About five minutes into the video, another officer can be seen on scene. "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. 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. Please avoid obscene, vulgar, lewd, Philip Metzler, Chief Robert Ticer, and the City of Loveland, Colo. Grashorn draws his gun on the dog, but the couple yells at the animal to come back. Deputies responded to the area where the shots had been heard and found multiple shell. They were told that animal control was going to be seizing the dog after surgery because he was categorized as a dangerous dog. Please let me see him! Bubba was trotting back to his owners and Herkimer was beginning to turn himself to do so as well. Love and Hamm's other dog, Bubba, is sleeping on the ground but gets up and begins running toward the officer. The dog is a Staffordshire bull terrier/boxer mix. According to the lawsuit filed by Wendy Love and Jay Hamm, the incident happened on June 29, 2019. It says the officer who pulled the trigger Grashorn engaged in an ambush of the plaintiffs but didnt care.. In accordance with police department policies and this pledge, the City intends to launch an additional independent investigation into the incident.. This policy is unusually severe and openly dangerous. Theres nothing like lazy summer days relaxing on the patio. Write review. It also seeks interest and attorneys fees and costs. Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. 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. 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. 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. Wendy Love and Jay Hamm had owned their 14-month-old Staffordshire terrier and boxer mix Herkimer for six months when a Loveland police officer shot him in June 2019. C.J. Thats when, out of excitement, Herkimer jumped out of the trucks back seat and ran toward the officer to greet him, the lawsuit states. [emailprotected]. 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. 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. Dogs are our family. Walmart refused and instead called LPD to deal with it. He said he had to make a split-second decision as to whether or not the dog was going to bite him. The sequence of events, as captured on Grashorn's body-worn camera, was undisputed. Bubba stayed on the ground napping; Max, who was known to wander, was tied to a tree; and Herkimer returned to the back of the truck. Get in the truck! the officer answered. And he was shot dead in broad daylight. Despite the couples pleas, Herkimer was not taken to the vet until Grashorns supervisor arrived at the scene about eight minutes later, according to court records. Hamm was ticketed for having a "dangerous dog." Shooting at Budweiser Event Center. Grashorn proceeds to walk over to the truck and speak with Hamm. Grashorn parked several yards away from Love and Hamm and his body-worn camera did not immediately begin recording audio. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. He was always wanting to please you, Love said. No reasonable officer or reasonable person would have perceived this situation as a threat requiring the immediate euthanization of an innocent citizens beloved pet. Audio is not available in the first moments of the video, which was released by Schielke's Life and Liberty Law Firm. The best home improvement jobs deserve the best materials. It was not agricultural land. The officers in the incident were responding to a trespassing call. 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. When World War I broke out he joined the German army, and won the Iron Cross for bravery under fire. that is degrading to another person. The document then describes what happened when the police pulled up from the couples perspectives in very harsh language against the officer. It should free him. 8.27.2021 3:20 PM. 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. This is the second lawsuit that Schielke has filed against the department just this year; the first came in April when she released the lawsuit and further information on the 2020 arrest of Karen Garner. It would be 13 minutes before Love and Hamm were able to seek medical attention for their dog Herkimer. Theres nothing like lazy summer days relaxing on the patio. Love nonetheless cradled Herkimer while Grashorn warned Love, "He will bite you, he's hurt." Tuccille What in the actual hell is going on at the Loveland Police Department? Schielke said. Alex Domina, the 19-year-old man shot Aug.16 by a Loveland police officer, died Tuesday, the 8th Judicial District Critical Incident Response Team reported Wednesday morning. The video states that after four days of suffering, Herkimer was euthanized. Be Proactive. 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 documents explained the scenario this way: At approximately 5:00 pm on June 29, 2019, Plaintiffs Ms. Love and Mr. Hamm were working for their firewood delivery business in the Loveland area. You should not rely on it for legal advice. 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. No racism, sexism or any sort of -ism In June 2020, an officer was recorded tackling a 73-year-old woman with dementia who walked out of a Walmart without paying for $13.88 worth of items. They are husband and wife, the documents indicate. He has lived in the Aurora/Southeast Denver Metro area since 1965 and is an expert Getting ready for a yard project? Metzler resigned from the police department last year. 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. Please, oh my God, let me see him?. Grashorn responds, "Yeah okay, thanks for telling me how to do my job. The couple was making firewood deliveries that day, and according to the lawsuit, stopped in the parking lot to give the dogs some water. Grashorn . Maam theyre not going to be able to help him, said Grashorn. He threw Garner, disoriented and confused, to the ground after she didn't respond to his commands to stop. 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. Months later in November, Lt. Bob Shaffer wrote into the report that he found no policy violations. 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. Why did you have to shoot him? a man yelled from the distance. Grashorn arrived first and exited his vehicle. Don't Threaten. When a Colorado police officer arrived at an empty lot where Wendy Love and her husband, Jay Hamm, had parked their truck to let their three dogs stretch and drink water in June 2019, the law enforcement agent did not announce himself, a new lawsuit alleges. I felt like our life totally dissolved right there, Love said. (The audio is not captured by the body camera, which retains 30 seconds of footage before it is turned on, but not sound.). But he never once took one step backwards. Love said when they revisit their cabin, Max gets as depressed as they do. Grashorn draws his gun on the dog, but the couple yells at the animal to come back. 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. The Staffordshire terrier-boxer mix had to be euthanized four days later. The officer yelled for the couple to call him back. Its not right what they are doing; theyre hurting people.. They ultimately chose to file a civil suit against the officer; his supervisor, Sgt. Multiple officers responded, but Grashorn was the first to arrive. 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