A former Colorado police officer will plead guilty to injuring an elderly woman with dementia while trying to arrest her, according to the Larimer County district attorney.
Austin Hopp, the former officer, will plead guilty to a felony assault charge in exchange for a sentencing deal with the Larimer County district attorney.
The incident occurred in June 2020, when Mr Hopp was told by workers at a Walmart in Loveland that the woman, 73-year-old Karen Garner, had left the store without paying for some small items. The officer found Ms Garner near the side of the road picking flowers when he allegedly shoved her to the ground to arrest her.
Colorado Public Radio reports that other officers were recorded laughing at the injuries Ms Garner suffered at the hands of the police, which included bruising, a broken arm and a dislocated shoulder.
If Mr Hopp had rejected the plea deal, he could have faced between 10 to 30 years or more in prison if convicted. However, the deal reduced his charges, leaving only the felony assault charge, which carries with it a two to eight year prison sentence.
Mr Hopp resigned after the arrest gained publicity.
Ms Garner's family was frustrated that District Attorney Gordon McLaughlin offered the deal.
“I’m very disappointed, we’ve gone so far,” Ms Garner’s son John Steward said during a press conference. “There’s so much evidence that should be going to trial. We don’t understand the reason things happened the way they do.”
Mr McLaughlin defended the decision but did not offer an explanation for offering the deal.
Plea deals are sometimes offered to expedite investigations or to save family members or victims from having to participate in a trial where they are subject to testimony and cross-examinations. However, prosecutors have also faced criticism for not pursuing excessive force cases against police, as they are often difficult to prove and may strain the relationship between prosecutors and local law enforcement.
Mr Hopp is not the only one facing charges in connection with the incident. Daria Jalali, Mr Hopp's former partner, is also facing charges for her role in Ms Garner's arrest. She has been charged with three misdemeanours, including failure to intervene.
The Garner family has already settled a civil suit with the City of Loveland for $3m in September.
