FORT COLLINS, Colo. – A former Colorado police officer pleaded guilty Wednesday to a lesser assault charge for forcibly arresting Karen Garner, a 73-year-old woman with dementiain June 2020.
The former officer’s guilty plea came after a judge accepted a plea agreement offered to him by the district attorney’s office, despite strong opposition from Garner’s family.
The offer allowed Austin Hopp to plead guilty to an amended charge of second-degree assault, a Class 4 felony. Hopp’s original two felony charges and one misdemeanor charge were dismissed as part of the agreement.
Garner’s daughter-in-law Shannon Steward spoke out against the agreement during a court appearance Wednesday.
“This does not bring justice for Karen,” she said.
Shannon Steward said the family had been opposed to a plea agreement in the case since Hopp was arrested in May because they believe the initial charges filed were appropriate. Those included a felony charge of first-degree assault.
The family had been asked by the district attorney’s office to review the plea agreement offered to Hopp about three weeks ago, but Steward said they didn’t change their minds and wanted the evidence to be heard by a jury. The case had been scheduled for a jury trial to begin at the end of March.
Steward said she believed plea agreements are reserved for cases that lack evidence, but “the evidence in this case is unprecedented.”
Not only does Hopp’s body camera footage show the assault, footage from inside the police station later that day shows Hopp and others laughing while watching the body camera footage. Hopp can be heard tell the others watching to listen for the “pop,” acknowledging the serious bodily injury he caused, Steward said.
“It just defies common sense,” she said.
Assistant District Attorney Matt Maillaro told Judge Michelle Brinegar the district attorney’s office had consulted with the family and, while he understands their objections, he believes this plea agreement addresses all of their priorities: Holding Hopp accountable, convicting him of a felony and ensuring he won Don’t be a police officer again.
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“This is in fact a fair and reasonable and just disposition,” Maillaro said.
Brinegar accepted the plea agreement, despite Garner’s family’s objections, noting that “most cases, if not all” involve plea agreements offered to defendants. Brinegar said she believes this is a fair agreement in balancing how other cases similar to this one have been resolved.
As part of the plea agreement, Hopp’s sentence is open to the court, meaning Brinegar could choose to sentence him to probation, community corrections or prison for anything from two to eight years.
After the hearing, Garner’s son, John Steward, told reporters he felt frustrated with the decision to reduce Hopp’s charges and, ultimately, his potential sentence.
“I can’t get those pictures of my mom being thrown to the ground, humiliated; Officer Hopp smiling, laughing, giving fist bumps while he’s watching it happen… out of my head,” John Steward said.
While being arrested, Garner pleaded with Hopp and other officers almost 50 times to be let go so she could go home or for medical care after they injured her arm and shoulder, Shannon Steward told reporters.
“She had pleas that were ignored, and we have to come here today and honor him with this plea deal,” Shannon Steward said. “It’s just a slap in the face.”
Addressing reporters after the family’s statements, District Attorney Gordon McLaughlin said the plea agreement offered by his office is in the best interest of the community because it “assures accountability” and “assures Mr. Hopp says he’s guilty for this crime.”
“What we achieved here today is a result I know the community will be proud of,” McLaughlin said. “We saw Mr. Hopp come into court, plead guilty to a Class 4 felony assault that carries up to eight years in prison. That’s a serious offense. It’s a charge that fits the crime and sends a message that this will not be tolerated. “
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McLaughlin said the prosecutors will continue to work with and listen to Garner’s family through the presenting process.
“No one should have to suffer with what Ms. Garner suffered through, and her family has our absolute deepest sympathies for what they’ve been through as well,” McLaughlin said.
McLaughlin’s office filed charges against Hopp and former officer Daria Jalali for their roles in Garner’s arrest and subsequent treatment in May following a Critical Incident Response Team investigation.
Jalali faces three misdemeanor charges in connection with Garner’s arrest. She appeared in court Tuesday, where another hearing was scheduled for April so the defense and prosecution could continue discussions about a potential plea agreement.
Hopp, Jalali and three other Loveland police officers were named in a civil rights lawsuit filed by Garner’s family in April. The city of Loveland settled the lawsuit for $3 million in September.
Four officers named in that lawsuit — Hopp, Jalali, former officer Tyler Blackett and former Sgt. Philip Metzler — have since resigned from the department. Jalali and Metzler arrived on the scene of Garner’s arrest after Hopp started to detain her and were included in the initial filing of the lawsuit. Blackett and Sgt. Antolina Hill were later added as defendants, alleging they failed to intervene or provide medical care to Garner.
Hill remained employed with the department following the lawsuit, according to Coloradoan records.
Garner had been arrested in June 2020 for allegedly attempting to steal about $13 in merchandise from Walmart, but was stopped by staff before leaving with the items. Hopp stopped Garner while she was walking home, according to the lawsuit. Ella’s Garner’s shoulder was dislocated and arm fractured during the arrest.
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Former officer Paule Ashe is suing the department for wrongful termination after he reportedly attempted to view records of Metzler’s involvement in the Garner case, according to the lawsuit filed in December. He says he was fired in October but did not violate any department policies. Ashe was not involved in the civil lawsuit filed by the Garner family.
City spokesperson Tom Hacker previously told the Coloradoan that Ashe was placed on unpaid leave in October as part of the Garner internal affairs investigation. The results of the investigation into the department’s handling of Garner’s arrest has been completed but not released to the public, Hacker previously told the Coloradoan.
The department also conducted a third-party assessment into the department’s policies, culture and procedures. the results of that assessment were presented to the city council in January, and highlighted a few ways the police department can improve its internal culture, procedures and relationship with the community.
Chief Bob Ticer was also criticized for the handling of Garner’s arrest, with members of the public outraged that Ticer said he hadn’t heard about the arrest or seen the body camera footage until he was alerted to the lawsuit filed by Garner’s family almost a year later. Some called for Ticer’s resignation, which Ticer declined to do.
It was announced Monday that Ticer will become the next police chief in Prescott Valley, Arizona, starting in April. Loveland city spokesperson Nicole Yost said city officials are working on what’s next for the city’s police department, which includes appointing an acting police chief and selecting a third-party recruitment firm to assist with the hiring process.
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Sady Swanson covers public safety, criminal justice, Larimer County government and more throughout Northern Colorado. You can send your story ideas to her at [email protected] or on Twitter at @sadyswan.
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George is Digismak’s reported cum editor with 13 years of experience in Journalism