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Former Loveland police officer charged with assaulting Karen Garner could get plea deal

Karen Garner's family is "shocked, angry and disappointed."

LOVELAND, Colo. — John Steward is not happy with the Larimer County DA's office, and he's not shy about voicing his serious concerns.  

"I’m really disappointed that the district attorney would offer a plea," Steward said. "Caught us off-guard, shocked, disappointed."

Steward is the son of Karen Garner, a 75 year-old Loveland woman who suffers from dementia. In May of last year, prosecutors charged now-former Loveland Police Officer Austin Hopp with second-degree assault after he allegedly broke Garner's arm while trying to arrest her.

Police had responded to a Walmart near Garner's home after she forgot to pay for about 14-dollars worth of items.

"What Austin Hopp did, he was not serving or protecting," Steward said.

Steward said he and his family have made it very clear to prosecutors since the very beginning of the case that they were not interested in a plea deal for Hopp. Which is why Steward said he was so surprised when prosecutors told him late last week that they would allow Hopp to plead guilty to a lesser felony, a deal that could result in significantly less time behind bars.

"I felt like they were really going to bat for us, until we see this," Steward said. "I mean, we feel that there is enough evidence and a conviction."

There was a similar case in Clear Creek County late last year, when former Idaho Springs police officer Nicholas Hanning took a plea to a misdemeanor after tasing 75-year-old Michael Clark. Clark's family vehemently objected to the deal.

9NEWS legal analyst Scott Robinson said, under Colorado law, victims and their families have certain rights, but vetoing plea deals is not one of them. Robinson said that's probably a good thing.

"Victims are not in a position to know what prosecutors might know about the difficulty in proving particular charges," Robinson said.

When asked to comment about the supposed plea deal, the Larimer DA's office would only say that a hearing is scheduled for next Wednesday.

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