loveland police dog shooting

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. But, after two years of dealing with the loss of their dog and the frustrations with being told Grashorn did nothing wrong, the couple hired Schielke. Sir, tell her to get away, the officer told the man. They called out for Bubba to come back to them, and he did, but not before the excitement and commotion of yelling caused Herkimer, who had been resting in his favorite spot in the truck, to jump out the trucks open door to go see what the fuss was about. He was a good boy, the suit reads. Hes right! It also states that Herkimer, who was not a Pit bull, had no history of biting or being dangerous towards humans and was known to be affectionate and friendly. The lawsuit seeks actual damages, compensatory damages, punitive damages, exemplary damages, a written apology, mandatory training, internal discipline, and police policy changes. It also seeks interest and attorneys fees and costs. There were no no trespassing signs erected. As half a dozen officers showed up on scene, Love and Hamm were still refused to take their dog to the vet, the suit says. Grashorn: You need to listen to what youre telling me. The dog survived for four days before needing to be euthanized, the lawsuit says. This is an archived article and the information in the article may be outdated. 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. That encounter resulted in a $3 million settlement with Loveland. It says the officer who pulled the trigger Grashorn engaged in an ambush of the plaintiffs but didnt care.. 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. 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. 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. Last week, U.S. District Court Judge Raymond P. Moore refused to dismiss the civil rights claims against Officer Mathew Grashorn for the shooting. . Herkimer was a sweet, loving, playful dog, the lawsuit says. 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. Without warning, the officer pulled out his gun and pointed it at one of the dogs, video shows. We were really happy and everything went to hell right then.. This material may not be published, broadcast, rewritten, or redistributed. Grashorn . Love and Hamm say they don't want this to happen to another family. Warning: graphic content below. February 23 . "We have pledged to increase accountability and transparency for our community including any opportunity to seek clarity into specific events. Loveland will launch another investigation into police in response to shooting of dog 14-month old Herkimer was shot in 2019 By Reporter Herald Staff | August 28, 2021 at 6:00 a.m.. 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. "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. The final frames showed discarded tissues and blood staining the pavement where the dog collapsed. 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. Is this your property? Any reasonable person with any training or experience would have recognized that Herkimer was not a threat to anyones safety. 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. With no consequences to the officer whatsoever. The document then describes what happened when the police pulled up from the couples perspectives in very harsh language against the officer. But he never once took one step backwards. 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. Photo courtesy of Sarah. 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. He was beloved by his family. 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. 5.1.2023 12:05 PM, Elizabeth Nolan Brown The selection changes often, but if you love good Buying or selling a home is the largest financial investment most people ever make. Be Proactive. 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. Get back to the truck! the officer responded. 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. Gregor Strasser. No reasonable officer or reasonable person would have perceived this situation as a threat requiring the immediate euthanization of an innocent citizens beloved pet. It's official: Jamal Murray, Nuggets are in Phoenix's heads now. 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. Herkimer was the light and love of Ms. Loves life. person will not be tolerated. Hamm was charged with having a malicious dog on account of that conversation, the lawsuit alleges. They said Herkimer was not acting in a threatening way and the shooting was unnecessary. 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. 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. I have to do whats going to work. This website is not a substitute for the advice of an attorney. I cant believe you fucking shot him! the man appeared to yell from the distance but he was a bit hard to make out. 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. Alleged examples of the trouble this city policy has stirred up are given in the lawsuit: On June 26, 2020, Walmart suffered no loss when dementia-sufferer and 73-year-old woman Karen Garner walked out of the store without paying for $13.88 of items. Body camera footage of the June 26, 2020, incident showed the officer, Austin Hopp, stopping Garner as she was walking home and picking wildflowers. He was beloved by his subordinates (and his superiors) for his excellent work on this front. Love continues to try and console the dog, asking Grashorn if she can take him to the vet. You should not rely on it for legal advice. "Please let me see him," Love wailed, and Grashorn again ordered her back to the truck. "This is yet another agonizing illustration of all that is wrong at the Loveland Police Department," Love and Hamm's attorney, Sarah Schielke, at a press conference Wednesday. There is no sound from the body camera until after the shooting occurs. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. We have pledged to increase accountability and transparency for our community including any opportunity to seek clarity into specific events. 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 happened in June 2019 but came Schielkes attention after she filed a lawsuit against Loveland police involved in the rough arrest of dementia patient Karen Garner earlier this year. Their other two dogs, Bubba. The expecting mother will need diapers and bottles, but she will also need comfy maternity clothes to wear throughout her pregnancy or a maternity pillow. Grashorn has not yet responded to the complaint in court. Editors Warning: Video footage of the incident included in this article is graphic. The officer then yelled at the woman to get away from the mortally wounded dog, saying it would bite her. 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. Theres nothing like lazy summer days relaxing on the patio. He had his gun out and his adrenaline was up so he sure as heck was going to shoot something. Their other two dogs, Bubba and Max stay close as their attorney, Sarah Schielke, right, listens. 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.". He threw Garner, disoriented and confused, to the ground after she didn't respond to his commands to stop. We have pledged to increase accountability and transparency for our community including any opportunity to seek clarity into specific events. ", "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 Loveland police department told FOX31s Deborah Takahara: It is and has been our policy not to comment on pending litigation.. 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. And then found to be reasonable by his superiors. 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. After the shooting Love is heard begging Grashorn to let her take the still-living dog to a veterinarian. To make the most of your backyard, look for durable and comfortable seating options. 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. The officers in the incident were responding to a trespassing call. That day, they decided on the lot in the 900 block of North Wilson Avenue . Sort by: Nancy Brger. Grashorn then turns it on and tells the woman to go back to her vehicle. Loveland couple files lawsuit over police shooting of 14-month-old dog who ran at officer . Both said they had no idea why the shooting happened that day. Hes a dog pit bull coming to bite, me I dont take the chances. Two months later, Love allegedly went to the LPD to file a complaint. The dog is described in court papers as Herkimer, a 14-month-old mixed breed Staffordshire terrier and boxer mix. Herkimer, who remained alive despite being shot twice, fell to the ground. 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.. Reach him at afleskes@prairiemountainmedia.com or on Twitter @Austinfleskes07. The officer immediately pointed his gun at Bubba, and Love and Hamm called for Bubba to return. At around 10 minutes into the body camera footage, several other officers can be seen on scene helping Love and the dog. Owners of the dog filed a civil suit against the city earlier this week. or anything. For the next two years, the couple grieved and decided what to do next. Herkimers body fell to the ground, stiff and paralyzed, his eyes wide open in distress. Herkimer put no one in imminent danger.. The couple said that while some officers who arrived tried to help, others were immediately confrontational. According to the lawsuit, Wendy Love and her husband Jay Hamm who were making firewood deliveries in Loveland, had 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. Hamm added there had never been a sign in that parking lot saying not to trespass. 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. It violated all common sense and it violated all common decency," she said. 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. But the statute used to file the charge requires bodily injury to occur, the lawsuit points out. (The audio is not captured by the body camera, which retains 30 seconds of footage before it is turned on, but not sound.) This is the third lawsuit Schielke has filed against officers with the Loveland Police Department in the past two years. 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. 5.1.2023 9:31 AM, J.D. Within seconds of exiting his vehicle, body camera footage shows two dogs running through the parking lot. Grashorn shoots the dog. v. Grashorn et al. The plaintiffs countered there was a range of options available to Grashorn other than deadly force. The selection changes often, but if you love good Buying or selling a home is the largest financial investment most people ever make. The video states that after four days of suffering, Herkimer was euthanized. He will bite you. The couple added the incident has had a dramatic toll on Max, Herkimers best friend. "Herkimer could have been any of our beloved pets. Lawsuit filed after Denver mother called 911 for help, but got punched when officers showed up, Family of man shot and killed by Chicago Police files federal lawsuit, City of Edmonds focuses on public safety amid police officer shortages, Lawsuit claims Lexington homeless woman injured in wrongful arrest, Antioch man joining civil lawsuit against city, Police chief still on duty despite teen accusing him of assault, Suspect in Walmart shooting released, no formal charges filed: HCSO, New information revealed surrounding Aurora PD's latest lawsuit filed against them. Our website features subscriber-only news stories daily, designed for public policy arena professionals. Want the real scoop? I didnt know that! the officer said as the woman began to sob. With no consequences to the officer whatsoever. It pauses and turns toward its owners, but Herkimer jumps out of the truck and lopes toward Grashorn with its tail wagging. Grashorn draws his gun on the dog, but the couple yells at the animal to come back. Federal judge refuses to halt lawsuit involving Loveland officer's shooting of pet dog, 10th Circuit skeptical of Fort Collins officer's excessive force arguments, Judge refuses to toss lawsuit against Pueblo for 'reckless' cop's killing of motorist, Allegations of racist comment, retaliation against Colorado sheriff tossed, Katharine Lum formally sworn in as newest appeals judge, reminds colleagues about plight of self-represented litigants, Q&A with Thomas Dybdahl | Author and ex-public defender talks about the Brady rule, wrongful convictions. Have a tip or story idea? Lawsuit filed after Loveland police officer shoots dog. . Deputies responded to the area where the shots had been heard and found multiple shell. Terms Of Use. Hamm said when they got finally got home, they couldnt get Max to leave the truck. If he wants to let you take him to the vet, he can.. The Loveland Police Department has released 911 audio and body camera footage from the police shooting of a 19-year-old last week. 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.". With no consequences to the officer whatsoever. The owner of the building at 995 N. Wilson Ave. saw the couple on his surveillance feed and called Loveland police to investigate, citing previous tampering on the premises. He will bite you! the officer repeated several times under the apparent supposition that the dog was vicious. Reason has been covering sad incidents of "puppycide" like Herkimer's for decades now. Love and Hamm were delivering firewood for their business on the evening of June 29, 2019 when they stopped in the parking lot of a commercial building. He told the dispatcher that someone had previously tampered with his lock and that, although the couple was nowhere near it, he wanted police to investigate what they were up to, the lawsuit states. His supervisor can be heard saying they can scratch one charge, which will make them happy because they already said they are going to call the media., Once Herkimer was taken to the vet, the lawsuit states, officers told the veterinarian that he was a dangerous dog that had attacked one of our officers., Schielke, the couples lawyer, told The Post both Love and Hamm became depressed after Herkimers death. 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When it comes to landscape Did you know Your Butcher, Frank has super tasty delicatessen salads? 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. 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. 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. Ms. Love and Mr. Hamm quite startled immediately did so. Monell claims (a claim that creates a cause of action for damage placed against state and local governments as well as officials for any violations of the constitution and laws) for unconstitutional policies, practices and customs against the city of Loveland. | The officer then yelled at the couple about whether he had any reason to believe the dog would not bite him. Herkimerspent four days in intensive care and was ultimately euthanized. Hes a puppy! the woman in the video continued to plead. Hes dying, okay!. He was wagging his tail and appeared curious and excited. A swarm of uniformed officers were visible near where the dogs body had once laid. He was known to be affectionate and friendly with both people and other dogs.. The dog is a Staffordshire bull terrier/boxer mix. The couple has filed civil lawsuit against Loveland Police. 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. that is degrading to another person. LPD sent multiple officers, including Sergeant Metzler, to locate and tackle Ms. Garner, causing her to suffer a broken and dislocated shoulder. Theres nothing like lazy summer days relaxing on the patio. Love said this time was very difficult for the family as they grieved the loss of Herkimer. The lawsuit was made public by attorney Sarah Schielke Wednesday in an early morning press release. Hamm was ticketed for having a "dangerous dog." 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. Please avoid obscene, vulgar, lewd, Write review. Love said when they revisit their cabin, Max gets as depressed as they do. Then the officer changed his tune and suggested he would get help, but the audio recording does not suggest that help was immediately summoned. Grashorn shoots the dog. "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. He shot Herkimer twice, once in the face, and a second time in his body. Hopp is now facing charges of felony assault, causing serious bodily injury, attempting to influence a public servant, and misconduct. June 26, 2020 Mountain biking. Preview trail. Dog and cat antibiotics are medications prescribed by a veterinarian that can help treat a bacterial infection. Loveland officials issued a statement late Friday on the shooting of a dog by a Loveland police officer in 2019. She was told to fill out a form, which she filled out at home. Be Truthful. Once Love was by his side, Grashorn repeatedly ordered her to get away.. They did it pursuant to the aforementioned policy of making large, demonstrative showings of allegiance to Loveland businesses. They are husband and wife, the documents indicate. 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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. The case isLove et al. Thats why Im here, because youre trespassing.. Owners of the dog filed a civil suit against the city earlier this week. The dog, a 14-month-old Staffordshire Terrier and Boxer mix named Herkimer, later had to be . Nor was there any indication Loveland received complaints about its police officers shooting pet dogs. The Detroit Police Department has settled a string of lawsuits for shooting dogs during drug raids. They described Herkimer as a loyal, playful and fun dog who always wanted to be involved. The best home improvement jobs deserve the best materials. 2021 CBS Broadcasting Inc. All Rights Reserved. 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. 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.

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