The family of a homeless man fatally shot by police in California has been awarded $17 million in an excessive force lawsuit, according to their attorney. Luis Garcia, 39, was killed by Tustin police officers while hiding in a bush in 2021. Officers had responded to a call about a man in the shrubbery when Garcia allegedly advanced toward them.
Details of the Incident
Body camera footage showed Garcia emerging from the bushes, displaying a bag of cans for recycling and a stick used to collect trash. Officer Estella Silva ordered him to come out with his hands raised. As Garcia attempted to leave, another officer began to taser him, prompting Silva to draw her weapon and fire. Silva later told investigators she recognized Garcia from two prior arrests and feared he intended to kill her. Garcia collapsed, crying out in pain, and later died at a local hospital.
Legal Proceedings
The California Department of Justice found insufficient evidence to pursue criminal charges against Silva. An autopsy revealed Garcia had methamphetamine in his system. However, Garcia's daughters filed an excessive force lawsuit in federal court in 2022. After a six-day trial, a jury awarded the family $17 million on Tuesday, according to attorney Dale Galipo. The verdict included $5 million for loss of life, $5 million for pain and suffering, and $7 million for wrongful death.
Galipo stated, "This verdict means a lot to them because they feel that there's some justice for their father, some vindication that his life meant something." Garcia's daughter Camila expressed hope that such incidents would not happen to others, recalling the trauma she experienced at age 12 or 13. Another daughter, Emily, said she would miss her father's presence and encouraging words.
City Response
The City of Tustin defended the police department's actions, noting that reviews by the California Department of Justice determined officers acted in self-defense and were justified in using force against an armed suspect. The city expressed disappointment with the verdict and stated it would explore its options moving forward.
