Recent court cases highlight police mistreatment of individuals with dementia

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Earlier this month, a municipal court in Glendale, Arizona dismissed four charges of trespassing against city resident Sam Thomas after he was found incompetent to stand trial. The charges arose from an incident last December in which Thomas was arrested and jailed after a woman reported his presence at a shopping center to the Glendale police department, citing concerns for his well-being.

Police reports claim that two restaurants in the shopping center, Dunkin’ Donuts and Samurai Sam’s, as well as the center’s property management company, Tait Development, had complained about Thomas’ inappropriate behavior which included raising his voice and smearing feces on a bathroom wall.

When reached for comment by the local ABC affiliate, a representative for Samurai Sam’s declined to comment and a Tait Development executive denied any knowledge of the December incident. Dunkin’ Donuts released a statement affirming the company’s commitment to fostering a safe, inclusive environment.

In footage of the event from the police’s body cameras, the officers indicate that they know where Sam lives and that he had previously had a stroke. They also mention that they had previously spoken with Omedia Thomas, Sam’s daughter and primary caretaker. Later footage of the arrest shows officers mocking Sam’s use of a diaper after putting him in a jail cell.

The Glendale police department claimed that the Thomas family had not informed them that Sam had dementia and that Omedia had denied Sam having a dementia diagnosis to Adult Protective Services. Omedia insists that although he had not visited a neurologist, notes from Sam’s nurse practitioner frequently described him as having dementia. The Thomas family approached the news with Sam’s story to draw attention to how adults with cognitive impairments are treated by the criminal justice system.

A pattern of law enforcement controversies involving individuals with dementia

The Glendale municipal court decision came less than a week after three officers in Loveland, Colorado resigned for their actions surrounding the violent arrest of Karen Garner, a 73-year-old woman with dementia.

In June 2020, Garner walked out of a Walmart in Loveland with $13.88 worth of merchandise. The store claims it only called the police once Garner engaged in a physical altercation with an employee. The resulting encounter with arresting officer Austin Hopp left Garner with a fractured arm and dislocated shoulder. She was jailed for two and a half hours before she was taken to the hospital.

Garner’s case received national attention in April when a lawsuit over the incident included a video of Hopp along with two other officers, Daria Jalali and Tyler Blackett, laughing at body camera footage of the arrest. According to the attorney for Garner and her family, Garner was 10 feet away in a jail cell as the officers watched the footage.

Those three officers have since resigned. In a statement, Garner’s family condemned Loveland Police Chief for allowing the officers to resign instead of firing them. The statement calls for Ticer’s resignation as well as the removal of Philip Metzler, who supervised Hopp during the arrest, and Antolina Hill, who assisted in booking Garner. The Eighth Judicial District’s Critical Incident Response Team has launched an investigation into the June arrest.

Increased focus on improving police interactions with aging population

This February, Colorado lawmakers introduced a bill that would establish a force to study first responder interactions with disabled individuals, including those with dementia.

Former police sergeant Eric Bianchi currently works through the Alzheimer’s Association to train Colorado first responders on how to navigate encounters with community members with dementia. Speaking to Colorado Public Radio, he described standard policing tactics as counterproductive responses to someone with dementia because police are trained to “take control”. According to the Alzheimer’s Association, the most effective approach is to be calm and non-confrontational and to avoid correcting any mistaken beliefs.

The Alzheimer’s Association notes that because of the cognitive changes that result from dementia, common behaviors associated with the condition such as wandering, shoplifting, and erratic driving increase the likelihood that an older adult will come into contact with law enforcement. For Alzheimer’s Association Colorado Chapter President Amelia Schafer, understanding the needs of this growing population have never been more urgent.

“Every single day, 10,000 baby boomers are turning 65,” Schafer said in a statement to Colorado Public Radio. “we know that it’s only going to become more important for our whole community to understand Alzheimer’s and dementia.”