The building had no signage. Instead, the parties argued over whether the video showed Staffordshire terrier/boxer mixHerkimer had playfully "trotted" toward the officer or dangerously "charged" him when Grashorn decided to shoot. Loveland will launch another investigation into police in response to When he arrived, the dogs took notice of Grashorn. 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. A female officer asked the man to drive his truck closer to the dog so that the animals blood wouldnt get all over. The lawsuit was made public by attorney Sarah Schielke Wednesday in an early morning press release. 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.. Sort by: Nancy Brger. Later, the officer said he was going to talk to the businesss owner to see if the owner wished to have the man ticketed or issued a warning. 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 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. Get back to the truck! the officer responded. Gregor Strasser. Is this your property? Sir, tell her to get away, the officer told the man. 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. of felony assault, causing serious bodily injury, attempting to influence a public servant, and misconduct. The lawsuit seeks actual damages, compensatory damages, punitive damages, exemplary damages, a written apology, mandatory training, internal discipline, and police policy changes. After the shooting Love is heard begging Grashorn to let her take the still-living dog to a veterinarian. In her initial release of the lawsuit, Schielke included two pieces of video footage,one a clipped together videoshowing the incident in a more concise packageas well as the unedited body-worn camera footagefrom Grashorn. 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.. Hamm, on the other hand, said he knew right away. The multiple officers involved did this knowing that Walmart hadnt suffered any loss. It says the officer who pulled the trigger Grashorn engaged in an ambush of the plaintiffs but didnt care.. 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. Hes right! Two officers were sent to the scene: Grashorn and officer Tim Nye. A swarm of uniformed officers were visible near where the dogs body had once laid. 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. Philip Metzler, from the lawsuit for their roles in the shooting. 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 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. Grashorn shoots the dog. The officer was. "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. While in the parking lot, the couple let each dog out of the truck to drink water. The dog is described in court papers as Herkimer, a 14-month-old mixed breed Staffordshire terrier and boxer mix. Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. The lawsuit alleges that Grashorn's shooting of Herkimer was an unreasonable seizure under the Fourth Amendment and violated their constitutional rights. Please avoid obscene, vulgar, lewd, Write review. According to the complaint, LPD officer Mat Grashorn shot a 14-month-old Staffordshire terrier and boxer mix named Herkimer that he perceived as a threat when responding to a trespassing call. Photo courtesy of Sarah . Owners of dog shot by Loveland police officer speak out about incident In accordance with police department policies and this pledge, the City intends to launch an additional independent investigation into the incident.. What are temperatures normally like in May? It's official: Jamal Murray, Nuggets are in Phoenix's heads now. Grashorn draws his gun on the dog, but the couple yells at the animal to come back. 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. He shot Herkimer twice, once in the face, and a second time in his body. Herkimer fell to the ground instantly as Love came to his aid, video shows. Body-cam video of Grashorn inside his patrol vehicle shows the officer talking to his supervisor about which charges to file against the couple. 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. He will bite her. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); NEXT: Steve Martin, Martin Short Take Comedic Aim at Crime Podcasts in Only Murders in the Building, Joe Lancaster 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. The city statement said that as a result of the litigation stemming from the shooting of the Golden couples dog, the city of Loveland and the Loveland Police Department were sharing their planned action in response to the litigation and related public concerns. 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. 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. To make the most of your backyard, look for durable and comfortable seating options. Speak to a competent lawyer in your jurisdiction for legal advice and representation relevant to your situation. Colorado Cop Kills "Loving" Puppy For Running To Greet Him, Gets Sued - God By the police. A comment from the Loveland Police Department will be added when it becomes available. The named defendants are Officer Mathew Grashorn, Sgt. Police officer sued after shooting puppy dead in front of its owners Last week, U.S. District Court Judge Raymond P. Moore refused to dismiss the civil rights claims against Officer Mathew Grashorn for the shooting. Get the Android Weather app from Google Play, Colorado identity theft up 70% since 2019, 4 arrested after shooting outside Southlands Mall, Judge blocks Missouri rule that would limit transgender, Cron powers Rockies to 12-4 win over Diamondbacks, Former Broncos players daughter drowns in pool, Avs forward Cogliano fractured neck in Game 6, See full body camera video here (WARNING: Video contains very disturbing content), Ready for the pop? Dogs are our family. The full body camera footage from the incident was released on Wednesday morning by Sarah Schielke, the attorney representing Love and Hamm. Loveland, Colo. police swarm the area where the dog Herkimer was shot. Loveland couple files lawsuit over shooting of dog who ran at officer settled a different wrongful arrest lawsuit, " like Herkimer's for decades now. Thats when the man said he had brought the ice machine to the lot to paint it while making firewood deliveries. This policy is unusually severe and openly dangerous. 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. Use the 'Report' link on Thats when, out of excitement, Herkimer jumped out of the trucks back seat and ran toward the officer to greet him, the lawsuit states. The use of deadly force against a person or an animal is taken with the utmost seriousness.. According to the lawsuit, Garner suffers from dementia and sensory aphasia, which makes it difficult for her to communicate and understand other people. The spacious, modern Austin Fleskes joined the Reporter-Herald team in August 2020 as the newsroom's public safety reporter. He said he had to make a split-second decision as to whether or not the dog was going to bite him. It concludes with a statement from Adams that the staff recognizes the need for transparency and accountability in city processes and intends to pursue a fair and complete investigation into all the facts. 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. 5.1.2023 2:25 PM, Eric Boehm 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. LOVELAND, Colo. (KDVR) The City of Loveland said Friday it will launch an independent investigation after a police officer shot and killed a dog. Theyre not meant to treat viruses, however. Only once Sgt. The LPD understands the public's concerns and the emotions this video elicits. / CBS Colorado, 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. Why would I? the man responded, given the shooting of his pet. The lawsuit alleged, in contrast, police officers had refused to let Herkimer be transported to a doctor until Metzler arrived and authorized it. KMGH - Denver Scripps. 'I'm not in the business to get bit'; Lawsuit filed after Loveland 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. The flag pole was bare. 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. No case law prohibited him from using force under those circumstances, Grashorn added. Grashorn then fired twice, hitting the dog in the face and the body, according to the suit. While Bubba turned back, Herkimer turned and looked at the officer as he got closer. It feels like (Grashorn) had some other agenda that day, Love said. Grashorn and Metzler knew this, the lawsuit says, pointing to other body camera video as proof the men talked about it but they continued anyway. "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. He added, though, that he wanted Loveland to send police to see what they were up to. Be Proactive. We knew of a lot of the businesses around there, she said. The news comes after a couple filed a. Lawsuit filed after Loveland police officer shoots dog. On July 20, 2020, Target contacted Loveland PD to deal with a man (Keenan Stuckey) suffering from mental health issues in their parking lot, requesting that they arrest or remove him even though he was breaking no laws and bothering nobody.