A former Colorado police officer faces up to eight years in prison after pleading guilty to assaulting a woman with dementia while arresting her on suspicion of stealing $13 worth of merchandise from a Walmart store.
Austin Hopp, formerly of the Loveland Police Department, pleaded guilty to second-degree assault Wednesday in connection with the case of Karen Garner, now 75, who was injured after being pinned down during an arrest in 2020, court officials confirmed. .
The plea agreement leaves the verdict in the hands of Judge S. Michelle Brynegar of Larimer County District Court. Ms. Garner’s lawyer said Mr. Hopp faces two to eight years in prison on charges of a minor felony. A sentencing hearing for Mr. Hopp, who now lives in Florida, is scheduled for May 5.
According to Sarah Schilke, Ms. Garner’s attorney, the plea deal Mr. Hopp made was a waiver of the plea, meaning the facts of the case do not relate to the crime of which he pleads guilty.
Jonathan Datz, who is listed as Mr. Hopp’s attorney, could not be contacted for comment on Wednesday.
Loveland Police Department Chief Robert L. Tyser called Ms. Garner’s arrest “unfortunate,” saying it was “a stark reminder that no police officer is above the law, which is why Austin Hopp is no longer associated with our department.”
According to Larimer County District Court officials, Mr. Hopp pleaded guilty to second-degree strangulation, although there is no evidence that Mr. Hopp attempted to strangle Ms. Garner. According to Ms Schilke, the statement helps Mr Hopp avoid the minimum 10 to 32 years in prison he would face if found guilty in court. She said he was initially charged with second-degree assault on a person at risk, which, under Colorado law, carries a mandatory prison sentence.
According to Ms Schilke, the main effect of the plea deal is to remove the jail time requirement, leaving the judge with the option of probation.
“If the judge gives him probation when sentencing, of course it will be a complete travesty,” Ms Schilke said. “If the judge sentences him to prison, then there will be a certain measure of justice, especially given the interest in deterring other police officers from abusing their power and harming civilians.”
Police body camera footage released last spring by Ms Schilke shows an officer grabbing Ms Garner on June 26, 2020 and throwing her to the ground. She was walking home from a nearby Walmart, where employees called the police because they said she walked out without paying for $13.88 worth of merchandise.
Ms. Garner, who has dementia and sensory aphasia that impairs her ability to understand and communicate, forgot to pay for the goods, according to her lawyer. The lawsuit, filed last April against the city of Loveland, said the police officers who arrested Ms. Garner broke her arm and dislocated her shoulder and that she was not treated for six hours.
Another video, also released by Ms Garner’s lawyer last spring, shows police officers laughing at footage of Ms Garner’s arrest. “I like it,” says one officer. “This is great.”
The two officers who arrested Ms. Garner, along with the community worker who arrested her and is accused of denying her medical attention, resigned last April. Mr. Hopp was one of two officers facing criminal charges. The second was Daria Jalali, who was charged with failing to intervene or report the use of excessive force, Colorado prosecutors said in May. Ms. Jalali’s deposition hearing is scheduled for 26 April.
In September, Loveland agreed to pay Ms. Garner $3 million to settle her lawsuit against the city.
“We now have hope that the amount of public attention to this case and the horrific facts behind it will actually make the judge do the right thing in sentencing and give him a significant prison sentence,” Ms Schilke said.