How Loveland police officers who arrested 73-year-old woman will be investigated

Update 5/19/21:DA announces criminal charges against 2 former Loveland officers in arrest of elderly woman

Videos released of the arrest and detention of Karen Garner, a 73-year-old Loveland resident with dementia, have sparked outrage against the city of Loveland and the Loveland Police Department.

A federal lawsuit filed by Garner's family alleges officers used excessive force and injured Garner when arresting her in June 2020, then ignored her injuries and did not seek out medical care for her.

City and police officials have said they've been bombarded with calls and emails from people locally and internationally, expressing their concerns and outrage over the case. About 100 people gathered outside the police department Saturday to demand action and justice for Garner.

Some of the officers involved have left the Loveland Police Department, and an investigation is underway. Here's what to know about how the investigation will proceed:

What has been done so far?

Three of the officers involved in Garner's arrest and detainment — Austin Hopp, Daria Jalali and Tyler Blackett — resigned, Loveland Police Chief Robert Ticer announced on April 30.

Sgt. Philip Metzler has been placed on paid administrative leave, per department policy. Sgt. Antolina Hill is still working her normal duties, according to Ticer.

All five are named defendants in a federal civil rights lawsuit filed by attorney Sarah Schielke on behalf of Garner's family on April 14, the same day Schielke released Hopp's body camera footage to the public. 

Ticer has said he did not become aware of the allegations that Garner was seriously injured during the arrest until the lawsuit was filed.

Loveland City Manager Steve Adams told City Council in an April 27 meeting that the police department is adding specialized training for its officers, reviewing use of force reports in its system, and reviewing its paid leave policy.

Eighth Judicial District Attorney Gordon McLaughlin launched a criminal investigation on April 19 through the Critical Incident Response Team. The investigation, led by Fort Collins Police Services, will look to determine if any laws were violated during Garner's arrest and detention. Fort Collins Police Services will gather evidence and present the case to McLaughlin, who will decide what, if any, criminal charges should be filed against any of the current or former officers who involved.

The length of CIRT investigations vary, and Ticer previously estimated they expect this one to take between two and four months to complete. 

More:Dealing with dementia: First responders need to 'slow down,' ask questions, group says

What comes next?

If McLaughlin decides there's enough evidence to prove a crime occurred, those involved in criminal activity will be charged and go through the criminal justice system.

Once the CIRT investigation is over — regardless of whether any charges are filed — Ticer said the department will conduct a third-party internal review of the incident to determine if any department policies were violated.

The internal review could lead to disciplinary action for officers still employed by the department or policy changes within the department. Ticer makes all final discipline decisions at the conclusion of internal investigations.

An internal review was initially launched on April 15, but Ticer said that was paused when the district attorney announced the criminal investigation.

It's not clear exactly which third party will be conducting the department's internal review.

Loveland City Council voted to approve the creation of a Community Trust Commission during Tuesday’s council meeting. The commission's aim is to rebuild the "wounded trust" between the city and Loveland residents that was damaged by this case, according to the emailed proposal from mayor pro-tem and council member Don Overcash.

The proposed commission guidelines will be crafted into an ordinance, and the council will vote on it two more times before it is officially approved, according to city staff.

Community members selected for the commission would provide action steps the city "can implement to restore and strengthen trust between citizens and its municipal government," according Overcash's proposal.

Sady Swanson covers public safety, criminal justice, Larimer County government and more throughout Northern Colorado. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today.