The tasing caused Clark heart complications followed by a stroke, carotid surgery on his neck and a burst appendix, according to Schielke’s statement. He is still in a hospital and in poor health, she said.
Prosecutors, as well as Hanning’s defense attorney and the victim’s attorney, looked to Tuesday’s hearing to provide clarity on releasing footage from police body-worn cameras in compliance with Colorado’s new police accountability law.
In her Facebook post, Schielke said Clark’s family wants to see Hanning’s body camera footage to find out exactly what happened to him.
The post included a statement from his children. “Our dad hasn’t been able to sleep in his own bed since May 30,” the children, identified as Cynthia and Jeremy said. “The taser wrecked his heart. He’s lost everything. All independence. All happiness … This is just so, so wrong. We won’t wait another minute because our dad may not have another minute. Our family deserves the truth now.”
Footage to be released by July 29, judge rules
Schielke said Idaho Springs Police Chief Nathan Buseck and Clear Creek County District Attorney Heidi McCollum had refused to release the videos.
McCollum told CNN Monday she was looking for clarification from the court on the new law before releasing the body camera footage to Clark’s family or the public.
Clear Creek County Judge Cynthia Jones ruled the body camera footage with required blurring must be released to the public no later than July 29, according to the release.
Jones also dismissed the defense’s motion requesting to seal Hanning’s arrest warrant for third degree assault against an at-risk person, a felony.
The affidavit says the video shows the officers going to Clark’s apartment and there is a verbal confrontation where Hanning tells Clark to put “it” down. Within seconds Clark puts a sword on a shelf, the document says.
The two officers give Clark differing commands as he complains about the noise his neighbors were making, the affidavit says.
Then Hanning uses his Taser.
“At 22:51:07 hours, without commands or warning Ofc. HANNING fires his Taser, which strikes Clark in the abdomen and pelvic area,” the document says.
Clark falls backward, hits a dining room chair and lands on the floor, according to the affidavit.
Clark’s attorney pleased with ruling
Schielke said she thought Jones did a great job interpreting and applying the state’s new law during Tuesday’s hearing.
“The important thing about this law is the release of body cam is supposed to prompt and inventible,” Schielke said. “Those two things were honored today.”
Hanning, who has worked for the department since October 2017, will next appear in court on August 24, according to the DA’s release.
CNN reached out to an attorney for the officer but has not heard back.
The other officer, Ellie Summers, “received internal disciplinary action per departmental policy regarding a policy violation and remains employed with ISPD,” a police release from last week says. Summers has been with the department since June 2019.