Herkimers body fell to the ground, stiff and paralyzed, his eyes wide open in distress. He was wagging his tail and appeared curious and excited. (The audio is not captured by the body camera, which retains 30 seconds of footage before it is turned on, but not sound.). person will not be tolerated. I just hope things change at that police force, Hamm said. C.J. 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. Reason has been covering sad incidents of "puppycide" like Herkimer's for decades now. | Reviews (2) Photos (0) Activities (2) Completed (3) 5: 4: 3: 2: 1: 3.8. He was known to be affectionate and friendly with both people and other dogs.. Metzler resigned from the police department last year. He said he had to make a split-second decision as to whether or not the dog was going to bite him. 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. Body camera footage released along with the lawsuit shows Grashorn stepping out of his police cruiser. Grashorn shoots the 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. 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. "You're not gonna be able to help him," Grashorn continued to yell at the couple. The owner of the building, watching remote surveillance video of the lot, asked police to check on what they were doing there. Thats when the man said he had brought the ice machine to the lot to paint it while making firewood deliveries. Police officer sued after shooting puppy dead in front of its owners Body-cam video of Grashorn inside his patrol vehicle shows the officer talking to his supervisor about which charges to file against the couple. 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. According to the lawsuit, Garner suffers from dementia and sensory aphasia, which makes it difficult for her to communicate and understand other people. He will bite you! the officer repeated several times under the apparent supposition that the dog was vicious. Loveland Cop Surprises Family, Shoots Their Dog in Broad Daylight | I didnt know that! the officer said as the woman began to sob. 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He threw Garner, disoriented and confused, to the ground after she didn't respond to his commands to stop. "Ready for the pop?" And he was shot dead in broad daylight. 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. 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. CBS4 reached out to the Loveland Police Department. They are of limited means, very fearful of retaliation from the Loveland Police Department, especially given the fact all the higher-ups approved what happened there. But Officer Grashorn already had his gun out for Bubba, and Officer Grashorn was eager to utilize his firearm. 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.. As for the plaintiffs' claim against Metzler that he retaliated against them after learning they planned to go to the media by ordering they be cited for a vicious dog Moore believed his behavior was not "shocking. 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. 2:07. Oh, my God, can I call a vet? the woman asked. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. 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. 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. Jump to. "But Grashorn didnt care. each comment to let us know of abusive posts. It isn't clear if the dog was barking or growling at Grashorn before the shooting took place. In accordance with police department policies and this pledge, the City intends to launch an additional independent investigation into the incident.. 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. Theres no compassion, Schielke said. Grashorn replied that shooting the dog is the only thing that always works, the lawsuit states. The officer said it made no sense to use private property in such a manner. No case law prohibited him from using force under those circumstances, Grashorn added. 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. 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. Loveland, CO police sued after shooting couple's dog - The Sacramento Bee Two of the dogs ran towards the officer, and he yelled at the. The couple has filed civil lawsuit against Loveland Police. Editors Warning: Video footage of the incident included in this article is graphic. It's the same thing.". Grashorn believed he was entitled to qualified immunity, which shields government employees from civil liability unless they violate a person's clearly-established legal rights. that is degrading to another person. 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. In 2019, a Faulkner County, Arkansas, sheriff's deputy, and charged with animal cruelty after he casually shot a small dog because the owner refused to walk outside to talk to him. Loveland Police Sued After Officer Shoots Puppy Dog and cat antibiotics are medications prescribed by a veterinarian that can help treat a bacterial infection. "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. Killing a police dog has landed adults 44 years in prison and teens 23 years. The shooting happened in 2019 in Loveland. 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. 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.. Love said at the time, Max was on a leash while Bubba and Herkimer were both off leash and relied on voice commands, which Love said they were good at following. In video the officer is seen parking his vehicle and exiting it. from the Loveland Police Department showing Hopp watching the body camera footage with two other officers and joking about it. Loveland couple files lawsuit over police shooting of 14-month-old dog who ran at 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. They did it pursuant to the aforementioned policy of making large, demonstrative showings of allegiance to Loveland businesses. He was a good boy., Herkimer was not a Pitbull, the lawsuit continues. 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.. Email notifications are only sent once a day, and only if there are new matching items. An article from the Loveland-Reporter Herald at the time, relying on a statement issued by the police, reported Herkimer had run at Grashorn "aggressively" and that responding officers "immediately gave aide to the dog.". In the middle of suburbia. According to the lawsuit, Garner suffers from dementia and sensory aphasia, which makes it difficult for her to communicate and understand other people. Couple files lawsuit over shooting of dog who ran at officer - KMGH Loveland couple files lawsuit over police shooting of 14-month-old dog At around 10 minutes into the body camera footage, several other officers can be seen on scene helping Love and the dog. 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. She said it is too quiet at their old home. The woman said she thought the dog might survive. During this time, the lawsuit claims, an internal investigation into the incident was launched and Chief Bob Ticer and other supervisory staff reviewed the body-worn camera footage and report and eventually declared Grashorns use of lethal force was justified. Family Sues Loveland Police for Shooting Dog in Parking Lot - Law & Crime 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Please let me see him! 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 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. A swarm of uniformed officers were visible near where the dogs body had once laid. So, if a suspect comes at me with a knife, I need to try and Tase him before I shoot him? The claims for relief include: The suit requests that a jury trial be held and that the court reward Love and Hamm with, among other things, compensation for this class as well as punitive or exemplary damages against those named. Both said they had no idea why the shooting happened that day. Last week, U.S. District Court Judge Raymond P. Moore refused to dismiss the civil rights claims against Officer Mathew Grashorn for the shooting. settled a different wrongful arrest lawsuit, " like Herkimer's for decades now. When it comes to landscape Did you know Your Butcher, Frank has super tasty delicatessen salads? 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. 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. 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. The couple were charged with a dangerous dog offense, which was later dismissed by the district attorneys office. 2 reviews. 2023 CBS Broadcasting Inc. All Rights Reserved. Get browser notifications for breaking news, live events, and exclusive reporting. 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. It would have been better if he had been. 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. Accessibility | Once Love was by his side, Grashorn repeatedly ordered her to get away.. 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. The lawsuit, filed by Attorney Sarah Schielke, claims Herkimer was shot once in the head and once in the torso. So he did. Herkimer appears in an image embedded with a civil lawsuit. | LPDs chain of command reviewed the video five months later and found the shooting violated no policy and was reasonable, according to Schielke. Florida teen who fatally shot a police dog was sentenced to 23 years in prison. They said in the moment they were just shocked; Love said she didnt even hear the shots go off. The officer continued to try to order the couple into a truck. His pace slowed and then Herkimers pointed his direction of travel away from the officer, peeling off to turn back to his owners. It says the officer who pulled the trigger Grashorn engaged in an ambush of the plaintiffs but didnt care.. The Detroit Police Department has settled a string of lawsuits for shooting dogs during drug raids. Philip Metzler, from the lawsuit for their roles in the shooting. Loveland police facing civil lawsuit for officer who shot a dog in 2019 This is yet another agonizing illustration of all that is wrong at the Loveland Police Department. Lawsuits pile up at Loveland Police Department | FOX31 Denver Get back to the truck! the officer responded. The suit claims that this level of trespassing, because of the lack of repellent measures, would be considered a petty offense under Colorado law. We have never seen a car in the parking lot there.. 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 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.
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