Northern Colorado city pays record-breaking $675,000 settlement for shooting of dog

A Northern Colorado city has agreed to pay $675,000 to settle a lawsuit stemming from the 2019 police shooting of a family dog, a settlement attorneys say is the largest of its kind in state history involving the shooting of a pet by a police officer.

The settlement resolves years of litigation brought by dog owners Wendy Love and Jay Hamm after their 14-month-old dog, Herkimer, was shot and killed by a police officer while the couple was stopped in the parking lot of a Loveland business.

In a statement, Love and Hamm said the settlement cannot erase the pain of losing their dog, Herkimer, but that they are grateful changes are being made in his honor.

According to attorney Sarah Schielke of Life and Liberty Law in Loveland, the incident began when Love and Hamm stopped in an empty business parking lot to repair a box and let their dogs out for water.

The owner of the business contacted police and requested that the couple be investigated for possible trespassing, Schielke said. Officer Mathew Grashorn from Loveland Police responded to the scene while wearing a body camera.

Video from the encounter captured Herkimer, a Staffordshire Bull Terrier and Boxer mix, approaching the officer before Grashorn fired two shots, killing the dog.

"At every single juncture, (Grashorn) chose violence," Schielke said.

Schielke argued that Herkimer was not acting aggressively when he approached the officer. While the officer's body camera was not recording audio at the time the shots were fired, Schielke said her clients never heard the dog bark or growl. 

"He galloped up to Grashorn to greet him, tail wagging, not a single indication of aggression, and Grashorn shot him twice," Schielke said.

The case drew significant attention during years of legal proceedings. Schielke, who represented the owners in the lawsuit, said the video remains difficult to watch.

"That video is devastating to watch for anybody who has a dog or has ever loved a dog. It was just such a senseless killing," Schielke said.

The city ultimately agreed to a $675,000 settlement.

"Cities don't pay $675,000 because they did something right," Schielke said.

As part of the agreement, officers will be required to undergo dog interaction training every three years. Colorado law currently requires officers to take such training one time prior to being employed but does not require them to retrain. 

Schielke said one lasting impact of the case emerged during the legal battle itself, when a ruling by the 10th Circuit addressed officers' ability to claim qualified immunity in similar cases.

"It's hard to find a bright side on something so tragic," Schielke said.

However, she said the ruling could have broad implications for future cases involving police shootings of pets, establishing that officers cannot shoot a dog without proof of imminent danger.

The City of Loveland reached the agreement, not specifically the Loveland Police Department. CBS News Colorado requested an interview with a city or agency representative for this report but the City of Loveland's public relations team declined to provide an interview. Rather, they provided the following statement in which they never accept or deny guilt in the case.

"The incident occurred after a business owner called 911 to report two individuals trespassing on private property. An officer responded to the call and encountered two unleashed dogs upon arrival. One dog returned to its owners when called, while the second dog did not respond to commands, charged the officer and was subsequently shot.
The settlement totals $675,000 and includes updates to the Loveland Police Department's dog encounter policy and training practices.
The agreement resolves the matter instead of going to court, with the individuals agreeing not to pursue further legal action against the City and related entities.
The City of Loveland and the Loveland Police Department remain committed to the continuous evaluation of policies, training, and practices intended to support public safety, transparency, and community trust."