Former Loveland police officer Austin Hopp appears for preliminary hearing, ruling to come at a later date

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While erstwhile Loveland Police Department serviceman Austin Hopp’s lawyer argued Thursday day that his actions were determined to beryllium acceptable by his supervisors, prosecutors argued that the video grounds of his apprehension of Karen Garner is impervious capable that the erstwhile serviceman was successful the wrong.

Detectives from the Fort Collins Police Services, who led the probe into Garner’s arrest, spoke earlier the judge, attorneys and those gathered successful a preliminary proceeding to find if determination is beardown capable grounds for Hopp to look the charges placed against him, but the justice volition not contented a ruling until the extremity of the month.

The prosecution claimed that probe into video footage of Garner’s apprehension and her attraction afterward talk loudly enough, but are made each the much poignant by what investigators recovered portion looking astatine section argumentation and procedures.

The defense, connected the different hand, claimed that Hopp’s actions were seen arsenic acceptable and not excessive by his superiors; adding that officers are taught power holds and ways to grip suspects who are noncompliant. He besides questioned wherefore investigators would not scope retired to an excessive unit adept erstwhile looking into the allegations against his client.

The Larimer County District Attorney charged the 26-year-old erstwhile officer with second-degree battle causing superior bodily injury, a people 3 felony, effort to power a nationalist servant, a people 4 felony; and authoritative misconduct, a people 2 misdemeanor for his transportation to the 2020 apprehension of Karen Garner, a present 74-year-old pistillate with dementia.

Hopp turned himself successful astatine the Larimer County Jail connected May 20 the aforesaid time arsenic Daria Jalali, the different erstwhile LPD serviceman who was charged successful transportation with Garner’s arrest. He bailed retired of jailhouse the aforesaid day, aft his enslaved was acceptable by magistrate Cara Boxberger astatine $20,000.

During the Thursday hearing, Judge Michelle Brinegar heard from detectives Kelsey Skaar and Justin Butler, some detectives with the FCPS and co-leads successful the Critical Incidence Response Team probe launched pursuing the filing of the archetypal civilian suit and nationalist uproar.

Deputy territory lawyer Erica Kasemodel spent the prosecution’s clip with Skaar asking her astir her grooming and what she saw successful Daria Jalali’s assemblage camera footage regarding Hopp’s clasp connected Garner.

During her witnesser testimony, Skaar said that portion she has practiced antiaircraft tactics and unafraid holds successful the past, arsenic it is portion of constabulary training, what she saw Hopp bash was not a communal mode to contented a power hold.

“(Her arm) was beauteous acold backmost there,” she said. “In antiaircraft tactics we bash that a lot, it conscionable doesn’t look similar it would beryllium a precise comfy oregon harmless position.”

Skaar besides said that she interviewed the antheral who had stopped astatine the country to cheque connected Garner. Skaar said the antheral had said helium was acrophobic with her safety, reasoning that Garner was really a kid due to the fact that of her stature, and that helium stopped due to the fact that helium felt it was the close happening to do.

“He was disquieted astir the ‘little kid,’” Skaar said. “He was disquieted she was injured oregon would beryllium injured.”

Finally, Skaar discussed her conversations with Alissa Swartz, Garner’s daughter, and the images that were taken erstwhile she returned location from the hospital.

During his cross-examination, Hopp’s lawyer Jonathan Datz focused connected Skaar’s grooming connected antithetic holds that officers are taught to usage erstwhile issuing an arrest.

Datz focused connected the information that Skaar said she was trained successful however to bash holds and asked what benignant of clasp she said she witnessed successful Hopp’s apprehension video, which she described arsenic a saltation connected a rear wrist lock. Datz asked if she had ever seen oregon done a clasp similar what Hopp did, but Skaar said no.

“I person ne'er seen 1 with an elbow precocious up connected the backmost similar that,” she responded.

During Butler’s witnesser testimony, adjunct territory lawyer Matt Maillaro replayed respective footage clips revolving astir the Garner case, including 1 from the booking country wherever Hopp, Jalali and erstwhile assemblage work serviceman Tyler Blackett reviewed the assemblage camera footage of the arrest.

Maillaro besides revisited the BlueTeam study that Hopp filed pursuing the arrest. Butler said that, successful reviewing the BlueTeam report, Hopp did not bespeak that helium harmed Garner oregon heard a popular during the arrest, but did bespeak determination was an chartless enarthrosis wounded reported later.

Butler besides pointed retired successful effect to a question from Maillaro that Garner said variations of “it hurts my shoulder” oregon “they wounded my shoulder” astir 14 times successful Hopp’s presence.

In his cross-examination, Datz pointed retired that determination was a concatenation of radical who had viewed the BlueTeam study submitted by Hopp. He pointed retired the value that Sgt. Phil Metzler, Hopp’s supervising serviceman who was contiguous connected the country pursuing the arrest, arsenic good arsenic Lt. Ray Butler saw the report. Neither of these men, Datz said, flagged Garner’s apprehension arsenic excessive force.

“That is applicable for probable cause, that is applicable to intelligence state,” Datz said.

During the cross-examination, Datz besides spent clip focusing connected the CIRT investigation, questioning Justin Butler arsenic to wherefore they did not question an excessive unit adept to look astatine the grounds that they had.

In closing statements, Maillaro said that it is wide successful watching the videos astir the lawsuit that excessive unit was intelligibly utilized — successful the mode Hopp approached Garner, to however helium took clasp of her to however helium enactment her in the clasp that allegedly caused her enarthrosis and limb injuries.

Ultimately, helium argued that what Hopp did was an unreasonable effect to the concern erstwhile factoring successful Garner’s stature compared to Hopp’s, her misunderstanding of the concern and the quality of her “crime.” She was stopped aft failing to wage for a $13.38 successful items astatine Walmart.

“When you get to the (footage astatine the) car determination is perfectly nary question that what happened to that pistillate …. was unnecessary to instrumentality her into custody,” helium said. “Unnecessary and unreasonable.”

Datz did not supply a closing statement.

However, erstwhile it came clip to marque her decision, Brinegar said portion she had reviewed overmuch of the grounds that had been submitted for the hearing, determination were sections of video that she had not watched successful their entirety. This included the footage of Garner being transported to the section pursuing her arrest.

While Maillaro had nary contented with this successful moving forward, Datz requested that Brinegar instrumentality the clip to decorativeness the video grounds earlier making a decision.

Brinegar volition instrumentality astatine 11 a.m. Aug. 30 for her ruling connected the hearing.

Following the day hearing, Garner’s lad John Steward said that portion it was hard for him to beryllium successful the courtroom conscionable feet down Hopp, helium believes that justness volition beryllium served. He said helium hopes that Hopp volition look jailhouse clip for what helium did.

“I consciousness similar we are yet moving guardant with this,” helium said. “It’s been a agelong clip coming.”

Jalali appeared successful tribunal Aug. 10 and volition beryllium returning to tribunal astatine 1:45 p.m. Oct. 13. She has been charged with nonaccomplishment to study an excessive usage of force, a people 1 misdemeanor; nonaccomplishment to intervene successful the usage of excessive force, a people 1 misdemeanor; and first-degree authoritative misconduct, a people 2 misdemeanor.

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