The supervising sergeant involved with the arrest of a woman in her 70s with dementia has resigned from the Loveland Police Department, the agency announced Wednesday evening.

The news comes after an independent investigation by consulting firm Hillard Heintze into the violent arrest of Karen Garner, then 73, in June 2020. An attorney for Garner’s family has accused Sgt. Phil Metzler of being dismissive of a bystander’s complaint and approving of how the arresting officers handled the incident. Metzler has also been accused of attempting to delete video footage. 

Body camera footage shows sergeant dismiss witness concerns

Garner, who has dementia and limited ability to communicate, was arrested after she was accused of stealing less than $15 worth of items from a Walmart store, having forgotten to pay. 

While arresting Garner, the officers broke her arm and dislocated her shoulder. She also did not receive medical care until several hours after the arrest. The incident came to light in April after attorney Sarah Schielke filed a lawsuit.

Police Chief Robert Ticer said in a statement Wednesday he can’t prevent an officer from resigning, but Metzler quitting “closes one more chapter in this incident that has tarnished the hard work of the men and women of the Loveland Police Department who have and continue to serve with honor.”

Ticer was involved in the disciplinary review process when Metzler resigned, says the news release.

According to the release, the investigation report could be released publicly as early as next month if no employees involved in the investigation appeal discipline.

Schielke disagreed with Ticer’s characterization that Metzler resigning brings any closure, saying Garner’s family wanted to see his firing. She has also continued to call for Ticer’s resignation or firing, saying it is necessary to send a message of accountability to Loveland’s officers.

“For anything to shift in terms of their outward behavior, they have to believe that realistically they’re going to be held accountable for misconduct,” she said.

Loveland’s police department has also gotten attention recently for the fatal shooting in August of a teenager in a mental health crisis.

She also does not agree with the characterization that a few bad actors tarnish the police department’s reputation. Schielke pointed to the apparent review and approval of Garner’s arrest by a few levels of department leadership.

“If that was truly the case and everybody else was a good apple, they’d be reporting one another,” she said.

Two former officers, Austin Hopp and Daria Jalali, face criminal charges in connection with Garner’s arrest.

The most serious charge against Hopp is felony assault of an at-risk person, while Jalali faces charges of failure to intervene and to report excessive use of force by a peace officer.

Schielke has called for Metzler’s ousting as well. The Denver Gazette has contacted her for comment on the sergeant’s resignation.

Earlier this month Loveland agreed to pay Garner $3 million to settle the federal lawsuit brought by Schielke. The city has not admitted liability as part of the settlement. 

Schielke previously said she and Garner’s family chose to settle the case because of Garner’s worsening health, since litigation often lasts years.

Loveland to pay $3 million to settle lawsuit from violent arrest of 73-year-old with dementia