"And regardless of whether Defendant Grashorn believed Herkimer posed an imminent threat justifying the use of deadly force, the allegations do not establish that shooting the dog was reasonable," he wrote in a Sept. 21 order. The video did not depict Herkimer biting anyone. Bubba turned back in response to Plaintiffs calling him. When the couple who owned the dog suggested going to the media, the lawsuit says Metzler told Grashorn hed better scratch him a ticket for something to retaliate for against the likely publicity. Mr. Hendrickson decided he would call Loveland police to investigate them. It would have been better if he had been. There were no no trespassing signs erected. The suit was filed Sunday in the 8th Judicial District Court in Fort Collins. 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. 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. The police department, through its spokesman, declined to provide any additional comment on the situation. It pauses and turns toward its owners, but Herkimer jumps out of the truck and lopes toward Grashorn with its tail wagging. Its the new home of High Plains Bank in Wiggins. 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. Herkimer fell to the ground instantly as Love came to his aid, video shows. "Get back to the truck," Grashorn screamed at Love when she tearfully approached her wounded puppy. When he arrived, the dogs took notice of Grashorn. At around 5 p.m. June 29, 2019, Love and Hamm were working for their firewood delivery business in the Loveland area. Love and Hamm's other dog, Bubba, is sleeping on the ground but gets up and begins running toward the officer. 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. The officers were responding to a call asking that the man, who suffered from mental health issues, be removed from the property. Rather than wait for other officers to arrive, Grashorn startled the older dog, Bubba, who was dozing on the pavement and roused Herkimer, who was relaxing inside the couples truck. As the dogs owner, Love, tries to approach the dog, Grashorn can be heard saying, Maam, get away. The dog is a Staffordshire bull terrier/boxer mix. | Share with Us. is becoming more and more transparent now that its officers started wearing body cameras in May 2019. 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. 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. 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. Dog and cat antibiotics are medications prescribed by a veterinarian that can help treat a bacterial infection. Grashorn responds, "Yeah okay, thanks for telling me how to do my job. The lawsuit claims the department reviewed the shooting and ruled the officer was justified in his actions. The officer then yelled at the woman to get away from the mortally wounded dog, saying it would bite her. Love and Hamm's other dog, Bubba, is sleeping on the ground but gets up and begins running toward the officer. But the statute used to file the charge requires bodily injury to occur, the lawsuit points out. Police said the man resisted the arrest. In body camera footage released Wednesday in support of the lawsuit, two dogs run toward Loveland police Officer Matthew Grashorn as he gets out of his patrol car while responding to a trespassing report in an empty parking lot in June 2019. Hamm added there had never been a sign in that parking lot saying not to trespass. Moore noted the law is clear that killing a pet dog without justification, as Grashorn reportedly did with 14-month-old Herkimer, amounts to a constitutional violation. Fred Smith knows real estate. Shaffer and assistant chief Tim Brown, now retired, allegedly continued in their review process, stating obvious lies and falsehoods, including characterizing Herkimer as a Pit Bull (he clearly was not) and suggesting the business owners complaint had alleged wrongdoing with his dumpster.. | There were less than 5 feet between Grashorn and obvious, accessible refuge in his patrol car. The selection changes often, but if you love good Buying or selling a home is the largest financial investment most people ever make. Herkimer died four days after being shot. We were really happy and everything went to hell right then.. 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. He was also involved in the violent arrest of an elderly women with dementia one year after Herkimer's killing. Speak to a competent lawyer in your jurisdiction for legal advice and representation relevant to your situation. "Herkimer could have been any of our beloved pets. In the middle of suburbia. Herkimer, like the puppy he was, pranced along side him as he did so, fixated on what Bubba was interested in. You should not rely on it for legal advice. "We have pledged to increase accountability and transparency for our community including any opportunity to seek clarity into specific events. 5.1.2023 9:31 AM, J.D. Please let me see him! This website is not a substitute for the advice of an attorney. The shooting of the dog occurred June 29, 2019, when LPD responded to a trespassing call in the northwest part of the city. The best home improvement jobs deserve the best materials. 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. 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. The situation seemed to resolve with a warning with the man promising he would not return to the lot. While in the parking lot, the couple let each dog out of the truck to drink water. He threw Garner, disoriented and confused, to the ground after she didn't respond to his commands to stop. For the next two years, the couple grieved and decided what to do next. He asks Hamm what he and Love are doing at the empty parking lot and he explains they were there to paint an ice machine for a customer to store wood in. Body camera video shows Jay Hamm pointing to the ice cooler he says he was going to paint in a vacant parking lot in Loveland, Colo. Well, youre in a big hurry to get to the track nows your opportunity, the officer said. They issued a statement on Aug. 27: As a result of the recent litigation stemming from this event, the City of Loveland and the Loveland Police Department want to share the planned action in response to the litigation and related public concerns. 5.1.2023 12:05 PM, Elizabeth Nolan Brown Grashorn then fired twice, hitting the dog in the face and the body, according to the suit. 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. What in the actual hell is going on at the Loveland Police Department? Schielke said. Love and Hamm had spent most of June 29, 2019, delivering firewood along with their three dogs, Bubba, Max and Herkimer, 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. There is no sound from the body camera until after the shooting occurs. The lawsuit was made public by attorney Sarah Schielke Wednesday in an early morning press release. Without warning, the officer pulled out his gun and pointed it at one of the dogs, video shows. Want the real scoop? The officer explained, "So if a suspect comes at me with a knife, then I need to tase him before I shoot him? Kevin Durant moped. After violently arresting woman, 73, with dementia, police laughed about it, video shows: We crushed it. The plaintiffs countered there was a range of options available to Grashorn other than deadly force. It isn't clear if the dog was barking or growling at Grashorn before the shooting took place. The lawsuit says the citys M.O. Lordstown warns it may fail as investor Foxconn gets, South Park, Star Wars license plates up for auction, BestReviews.com - Top gifts to make everyone happy this spring, Surprise your mom with one of these Mothers Day, Mothers Day inspo: This foot massager has 20,000, Drew Barrymores Walmart collection is perfect for, Best Mothers Day gifts for the budding plant mom, Best Mothers Day Gifts for moms obsessed with books, Is it legal to have a tinted license plate cover, Aerosmith says farewell with one last Denver show, Denver restaurant closes after 50 years in business, Set of quadruplets set to graduate from MSU together, Search continues for missing Lakewood man, Do Not Sell or Share My Personal Information. Secure your subscription to Colorados premier political news journal, in continuous publication since 1898. Loveland police officer Mat Grashorn pulled up in his patrol vehicle and got out without announcing himself, the complaint shows. Ms. Love, close behind him, began sobbing and crying. "What in the world is going on in Loveland that these things keep coming out?" Herkimer was the light and love of Ms. Loves life. My sergeants coming, the officer said. First published on August 26, 2021 / 8:46 AM. When the war ended Strasser joined one of the "freikorps", which were right-wing paramilitary units, many composed of ex-soldiers, that formed in Germany after the war ended and engaged in intimidation of . 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. 8.27.2021 3:20 PM. Be Truthful. Herkimer also ran toward Grashorn, and the officer shot him in the head and in the body. Really from every second from inception of this encounter through the end, his judgment is terrible, theres no common sense, theres no care. No case law prohibited him from using force under those circumstances, Grashorn added. 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. Nor was there any indication Loveland received complaints about its police officers shooting pet dogs.

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