Citizen Report No. 1673569637 - 1315617430

This report relates to the 06/26/2020 arrest of Karen Garner (Case ID 20-004373)

Deprivation of Civil Rights by:

Failure to consider mental health aspect of Ms Garner’s detainment and arrest.

Failure to investigate injuries sustained by Ms Garner during the arrest.

Failure to provide medical care.

Misconduct by:

Failure to summarize the event with Arreola in the CAD system and specifically failed to document in the notes the concern, the remedy and that Metzler informed Arreola of the Department’s complaint process.

Taking a disrespectful and discourteous demeanor with Arreola

Actions taken to conceal BWC footage of event with Arreola.

Overview of Events as described on the 3rd page of the Independent Investigation by Jensen Hughes — see Supplemental Documents: Jensen Hughes Internal Affairs Report.

On June 26, 2020, starting at approximately 4:36 p.m., Officer Austin Hopp was involved in a physical struggle while arresting Karen Garner near Sculptor Drive and Mountain Lion Drive in Loveland, Colorado. Ms. Garner is an elderly woman, and it was subsequently learned she has cognitive issues.

After being taken into custody, Garner did not respond when Officer Daria Jalali, who assisted Hopp at the scene, asked if she wanted medical treatment. Sergeant Philip Metzler, who arrived after the arrest, observed blood on Jalali and asked where it came from. Jalali said the blood came from Garner.

A citizen witness complained, first to Hopp and later to Metzler, that Hopp used unnecessary force to arrest Garner. Metzler did not take the complaint or document the concern from the citizen as directed by LPD policy. However, Metzler’s body-worn camera (BWC) recorded this discussion.

While in the LPD booking area, beginning around 6:07 p.m., Garner repeatedly complained of shoulder pain before being transported to the Larimer County Detention Center (LCDC). Hopp’s body-worn camera (BWC) footage of the booking area captures Garner’s complaints about shoulder pain.

At approximately 9:23 p.m., the LCDC contacted Loveland Dispatch, seeking family contact information for Garner, who was being released and sent by EMS to a hospital.

While Garner was at the LCDC and the hospital, phone records show calls from Hopp’s LPD cell phone to the LCDC, and to and from Metzler.

Hopp went to Garner’s residence and asked neighbors for information about Garner’s relatives. Hopp also called Loveland Dispatch for assistance in locating contact information for Garner’s daughter.

At approximately 11:40 p.m., Hopp completed a LPD Use-of-Force Report (Blue Team Report), stating Garner was injured and identifying minor scrapes and cuts on Garner’s wrists from the struggle and handcuffing. Hopp also wrote that a LCDC nurse reported that Garner suffered a possible shoulder injury. Hopp noted in the report that it was unknown whether Garner’s injuries occurred during her arrest or while she tried to get free of her handcuffs in the LPD booking area.

Hopp completed a Case Report after submitting the Blue Team Report. In the case report, Hopp stated that Garner only had minor lacerations to her wrist and minor laceration to her chin.

On July 16, 2020, Metzler changed the case number on his BWC footage, which recorded the citizen who complained about the arrest, to an unrelated incident number. This removed the footage from the Garner case file available to LPD and the District Attorney. In addition, by reclassifying the footage to an “incident” rather than a case, Metzler changed the retention lifespan of the footage from 10 years to one year. LPD Professional Standards Unit personnel discovered this change and preserved the BWC footage. Had they not preserved it, the footage would have been deleted the week before this investigation initiated.

On August 8, 2020, Metzler approved Hopp’s Blue Team Report after viewing Hopp’s BWC footage of the arrest, but not Hopp’s BWC of the booking area.

On August 10, Lieutenant Robert Shaffer and Assistant Chief Ray Butler approved the Blue Team Report, after Shaffer played Hopp’s BWC footage of Garner in the booking area, which includes Garner’s repeated complaints about a shoulder injury, and after Butler viewed some of Hopp’s BWC footage of the arrest.

On or about July 6, 2021, Metzler had a conversation with Officer Paul Ashe, who is on Metzler’s team, regarding the case number change on Metzler’s BWC footage. On or about July 7, 2021, Ashe accessed the CAD records to identify the numbers for the original Garner incident. Ashe gave the numbers to Metzler.

Metzler:

was included in IA investigation 4/16/21

was put on administrative leave 4/16/21

was notified of potential serious discipline related to his sustained findings. 9/14/21

Serious Discipline Meeting was scheduled for 9/24/21

Prior to his hearing, his attorney submitted his resignation/retirement to the City Attorney’s Office.

See Supplemental Documents — Ticer Review IA21-03.pdf

VIDEO: Loveland Police Sergeant Defends Officers' Forceful Arrest Of Karen Garner On Video

VIDEO: Contempt of Public Oversight

VIDEO: City of Loveland Press Conference [Note that the press conference starts at 25:50]

Steve Adams, City Manager for the City of Loveland

Investigation into Metzler’s actions focused on the following policies:

1. Loveland Police Department Policy 11.04, Use of Force
2. Loveland Police Department Policy 5.12, Compliments and Complaints
3. Loveland Police Department Policy 2.03, Chain of Command
4. Loveland Police Department Policy 1.03, Ethics
5. City of Loveland Administrative Regulation AR-00012 Conduct, Performance, and Discipline

See Supporting Documents - Jensen Hughes Internal Affairs Report.

The following findings can be found beginning on the 5th page under the As to Metzler (Allegation 1) section of the Jensen Hughes Report. Note that the report pages are not numbered.  — See Supporting Documents - Jensen Hughes Internal Affairs Report.

As to Metzler (Allegation 1)

Concerning a violation of LPD Policy 11.04 Use of Force by Metzler, I find this allegation SUSTAINED, LPD Policy 11.04 states that anytime someone has visible injuries or complains of being injured as a result of force used against them by an officer, the officer must take appropriate actions to provide medical care for the injured person. The provisions may include first aid, requesting emergency medical services, and/or arranging for other transportation to a hospital or emergency medical facility.

On June 26, 2020, Jalali informed Metzler that Garner bled on Jalali during the struggle to arrest Garner. Upon learning this information and as the supervisor at the scene of the arrest, Metzler should have investigated Garner’s injuries that caused the bleeding and administered first aid or taken other appropriate action.

Concerning a violation of LPD Policy 5.12 Compliments and Complaints by Metzler, I find this allegation SUSTAINED. LPD Policy 5.12 states that there are situations in which a person makes an inquiry to the Department regarding a matter, and an objective and fact-based explanation in response to the inquiry alleviates the person’s concern. These inquiries, which are considered “concerns” not “complaints,” result in non-disciplinary corrective action. Policy 5.12 states the supervisor handling the concern shall inform the concerned person of how to participate in the Department’s complaint process, regardless of whether the supervisor believes the person’s concern has been alleviated. If a call has been created in the CAD system, the supervisor handling the concern summarizes in the CAD notes the concern, remedy and that they informed the individual of the Department’s complaint process. Additionally, if at any time during the process the supervisor becomes aware of potential misconduct that is beyond the scope of the concern, the supervisor must initiate the complaint process.

On June 26, 2020, Metzler was at scene of the arrest of Garner (Case ID 20-004373) with Hopp and Jalali. Metzler learned that Garner was bleeding on Jalali during the struggle and arrest between Hopp, Jalali and Garner. In addition, Hopp informed Metzler that a citizen, Rediesel Arreola, had stopped at the location of arrest, Hopp had a brief conversation with him, and that Arreola was “alright.” As Metzler disengaged from Hopp and Jalali, he encountered Arreola, who expressed concerns about the use of force that Hopp deployed to arrest Garner. Metzler stated he perceived Arreola’s statements as concerns because Arreola was unaware of the facts surrounding the arrest. Several times, Metzler offered the opportunity for Arreola to make a complaint about the incident by making a complaint to Metzler in person, at the police department or online. Arreola declined to do so and left.

Metzler failed to summarize the event with Arreola in the CAD system and specifically failed to document in the notes the concern, remedy and that Metzler informed Aerreolla of the Department’s complaint process.

Additionally, on July 16, 2020, Metzler updated the Department’s Evidence.com system record for his BWC footage involving his encounter with Arreola, moving it from Case ID 20-004373 (Garner case) to Incident ID 20-0053820 (an existing unrelated incident on June 19, 2020). Metzler’s actions concealed the existence of his BWC footage from anyone reviewing the Garner case file. Additionally, because Metzler’s actions changed it from a “case” to an “incident,” the deletion date of his BWC footage of his encounter with Arreola changed from June 24, 2030 to June 26, 2021. Through his actions, Metzler hid a piece of potential evidence. Metzler’s BWC footage would not be available to LPD personnel reviewing the Garner case file, nor would it be included in material shared with the District Attorney or be available for discovery in a criminal prosecution. Additionally, the BWC footage would not be located in the Garner case number if an administrative investigation were conducted.

Furthermore, Metzler failed to initiate the Department complaint process against Hopp and Jalali when Metzler reviewed Hopp’s Blue Team Report. The Blue Team Report stated the following in reference to Garner: “Once at LCJ the suspect complained of shoulder pain and the jail nurse determined she had a possible shoulder injury. It is unknown when the shoulder injury was caused due to the length of her struggle against officers as well as her continuously try to escape her restraints in booking.” The report of a possible injury, his interaction with Arreola at the scene and his knowledge of Garner bleeding required Metzler to initiate the complaint process. The degree of Garner’s injuries would also have been apparent to Metzler had he reviewed Hopp’s BWC footage of the booking area, during which Garner complains repeatedly about an injured shoulder. Metzler did not review this footage.

Concerning a violation of LPD Policy 2.03 Chain of Command by Metzler, I find this allegation SUSTAINED. LPD Policy 2.03 states that each Department member is under the direct command of one supervisor. Supervisors are accountable for the performance of employees under their immediate control.

On June 26, 2020, Metzler was the supervisor responsible for oversight of the arrest of Garner, which Hopp and Jalali affected. In this capacity, Metzler was accountable for their actions related to Garner’s arrest, custody and case reporting. After Metzler learned that Garner was bleeding and sustained injury, Metzler failed to ensure Hopp and Jalali provided first aid to Garner or sought medical attention for her. Metzler failed to check on Garner’s well-being while in custody at the LPD holding cell.

Metzler also failed to ensure accurate and proper case reporting by failing to reconcile the discrepancies in Hopp’s Case Report and Hopp’s Blue Team Report regarding the number and degree of injury that Garner suffered. Metzler stated he reviewed the Case Report before he approved the Blue Team Report. The Case Report states that Garner had only minor lacerations to her wrist and minor laceration to her chin. The Blue Team Report states that Garner had minor lacerations to her wrist, a minor laceration to her chin and a possible shoulder injury.

Concerning a violation of LPD Policy Loveland Police Department Policy 1.03 Ethics by Metzler, I find this allegation SUSTAINED. Policy 1.03 states that the public expects professional and courteous service. Employees must not engage in acts that bring discredit to the Department.

On July 16, 2020, Metzler updated the Department’s Evidence.com system record for his BWC footage involving his encounter with Arreola, moving it from Case ID 20-004373 (Garner case) to Incident ID 20- 0053820 (an unrelated incident that occurred on June 19, 2020). Metzler’s actions concealed the existence of his BWC footage from anyone reviewing the Garner case file. Additionally, because Metzler’s actions changed it from a “case” to an “incident,” the deletion date of his BWC footage of his encounter with Arreola changed from June 24, 2030 to June 26, 2021. Through his actions, Metzler hid a piece of potential evidence. Metzler’s BWC footage would not be available to LPD personnel reviewing the Garner case file, nor would it be included in material shared with the District Attorney or be available for discovery in a criminal prosecution. Additionally, the BWC footage would not be located in the Garner case number if an administrative investigation was conducted.

On June 26, 2020, Metzler encountered Arreola, who expressed concerns about the use of force that Hopp deployed to arrest Garner. Our review of the encounter determined that Metzler’s demeanor with Arreola was disrespectful and discourteous. Metzler failed to hear out Arreola and talked over him multiple times. Metzler stated he perceived Arreola’s statements as “concerns” because Arreola was unaware of the facts surrounding the arrest. Metzler failed to summarize the event with Arreola in the CAD system and specifically failed to document in the notes the concern, the remedy and that Metzler informed Arreola of the Department’s complaint process. These actions were inconsistent with policy, unprofessional and brought discredit to the Department.

Interviews conducted established that LPD sergeants are expected to, and consistently do, label their BWC footage with the case or incident associated with the footage. More specifically to this matter, LPD sergeants are expected to, and consistently do, label BWC footage of citizen complaints, concerns or interactions to the case or incident numbers associated with the incident about which the citizen is complaining, expressing a concern and engaging in the interaction. In addition to being the pattern and practice of the LPD, this approach is consistent with best law enforcement and prosecution practices and common sense. There is no reasonable explanation for labeling BWC footage with an incident number from an unrelated event that occurred a week before the footage was captured, nor is there any reason to separate footage of citizen interactions into independent events or cases, which is not actually what happened here, so the footage is not included in the case file available to the prosecutor or internally.

Concerning a violation of City of Loveland Administrative Regulation AR-00012 Conduct, Performance, and Discipline by Metzler, I find this allegation SUSTAINED. Standards of Conduct and Performance (24) Unsatisfactory Work Performance states that city employees are expected to demonstrate core values of accountability and integrity each day in their roles for the city. Unsatisfactory work performance is conduct that may warrant disciplinary action.

While on scene of Garner’s arrest, Hopp informed Metzler that Arreola had stopped at the location of arrest, Hopp had a brief conversation with him and that Arreola was “alright.” As Metzler disengaged from Hopp and Jalali, he encountered Arreola, who expressed concerns about the use of force that Hopp deployed to arrest Garner. Metzler’s demeanor with Arreola was disrespectful and discourteous. Metzler failed to hear out Arreola and talked over him multiple times. Metzler’s behavior was that of a bully.

On July 16, 2020, Metzler brought discredit to the Department; exhibited unsatisfactory work performance, including poor decision making; and hid potential evidence when he knowingly removed his BWC footage in the Department’s Evidence.com system from the record in Case ID 20-004373 (Garner case) and moved it to Incident ID 20-0053820 (an existing unrelated incident on June 19, 2020). Metzler’s actions concealed the existence of his BWC footage, which recorded his exchange with Arreola, and resulted in the deletion date of his BWC footage of his encounter with Arreola changing from June 24, 2030 to June 26, 2021.

On August 8, 2020, Metzler again brought discredit to the Department and exhibited unsatisfactory work performance, including poor decision making, when he failed to initiate the Department complaint process against Hopp and Jalali after Metzler viewed Hopp’s Blue Team Report. The Blue Team Report stated the following in reference to Garner: “Once at LCJ the suspect complained of shoulder pain and the jail nurse determined she had a possible shoulder injury. It is unknown when the shoulder injury was caused due to the length of her struggle against officers as well as her continuously try to escape her restraints in booking.” This description of the event, combined with Metzler’s own observations at the scene, were a sufficient basis for Metzler to initiate the complaint process.

Actions to Conceal BWC Evidence

20th page of Jensen Hughes report (note that pages are not numbered):

Additionally, on July 16, 2020, Metzler updated the Department’s Evidence.com system record for his BWC footage involving his encounter with Arreola, moving it from Case ID 20-004373 (Garner case) to Incident ID 20-0053820 (an unrelated incident on June 19, 2020). Metzler’s actions concealed the existence of his BWC footage and changed the scheduled deletion date of his BWC footage of his encounter with Arreola from June 24, 2030 to June 26, 2021. Through his actions, Metzler hid a piece of potential evidence as his BWC footage would not be included in the Garner case file for the LPD or the District Attorney. His BWC footage would not be available for discovery in a criminal prosecution, nor would it be included in the Garner case file if an administrative investigation was later conducted of the incident.