The Colorado cops who handcuffed a 73-year-old woman afflicted with dementia in June 2020 are now facing criminal charges for causing multiple injuries during her arrest. Federal lawsuits against Loveland police officers Austin Hopp and Daria Jalali were based on body cam footage taken while they were tackling Karen Garner as she was walking home.
According to district attorney for Colorado's 8th Judicial District, Gordon McLaughlin, Hopp was charged with assault causing serious bodily injury, official misconduct and attempting to influence a public servant. Jalali was charged with failure to report use of force, failure to intervene and official misconduct.
On the day of her arrest, Garner had walked out of a Walmart and failed to pay her purchase amounting to $13.88. Authorities were called in to apprehend her on suspicion of stealing merchandise even in the absence of the said purchased items. She was walking home when Hopp and Jalali caught up with her and made the arrest.
Body camera footage showed Hopp asking Garner to stop but the elderly woman just shrugged at the officer and continued to walk. Hopp takes her to the ground as Jalali comes to restrain her. Both cops struggle with Garner before Hopp hogtied her and forced her into the back of a police car.
NBC News said federal lawsuit charges alleged that Garner suffered a dislocated shoulder, a fractured arm and a sprained wrist as a result of the excessive force used during her arrest. Garner is said to suffer from dementia and sensory aphasia, which impairs her ability to verbally communicate with people or understand communication from others.
At the time of Garner’s arrest, both Hopp and Jalali were placed on leave after being charged with felonies and misdemeanors. They then left the police force along with another police officer, Tyler Blackett.
At a news conference Wednesday, Police Chief Robert Ticer said: "I fully support these charges." Ticer added that he was also “not surprised” by the charges against the officers despite them not having any previous records of disciplinary actions.
Meanwhile, members of Garner's family expressed disappointment on the minimal charges meted out to the arresting officers. "I feel like these are pretty minimal crimes that they put against them, and there's a whole list of charges they could have put against these officers," Garner’s daughter, Allisa Schwartz said.
The family’s lawyer, Sara Schielke also questioned how Chief of Police Robert Ticer and on-scene supervisor Sgt. Metzler still remained employed while Hopp and Jalali were only handed out six criminal charges.
Jailhouse footage also showed the same police officers cackling about the arrest as they fist-bumped each other and mocked Garner’s misery while reviewing the arrest video as she was just a few steps away from them
McLaughlin on the other hand said, “Charges are only allegations; defendants are presumed innocent unless and until proven guilty.”
Ticer said a majority of his officers have recently undergone Alzheimer's awareness training and will undergo additional de-escalation training next month.
