A federal court jury has awarded a wrongful-death verdict for $17 million to the family of a 39-year-old transient fatally shot by Tustin police five years ago, the plaintiffs’ attorneys said Wednesday.
Following a six-day trial in federal court in Los Angeles, jurors on Tuesday awarded $5 million for the loss of life of Luis Garcia, $5 million for his pain and suffering and $7 million for the wrongful death, said attorney Dale Galipo.
Garcia was fatally shot Aug. 9, 2021.
The night before police received a call of a blonde, white man waving a knife around in the area, Galipo said. The next morning police received another call that the suspect was sleeping in some bushes, Galipo said.
“Mr. Garcia, who is not blonde or white, was sleeping in the bushes,” Galipo said.
Officer Estela Silva recognized Garcia from previous contacts, the attorney said.
Silva shouted at Garcia and roused him, the attorney said.
“He’s waking up, he’s getting his recyclables and saying give me some time to get out,” Galipo said. “She’s being very rude, escalating the situation.”
As Garcia emerged from the bushes two officers “grabbed him,” but Garcia retreated back into the bushes, prompting an officer to use a Taser to try to subdue him, Galipo said.
“And within two seconds while the Taser is going off the officer shoots him twice without any further commands or warning,” Galipo said.
Garcia was rushed to an area hospital for emergency surgery but succumbed to his injuries, Galipo said.
Garcia “had no gun, he had no knife, he didn’t verbally threaten to harm anyone,” Galipo said.
Garcia did have a stick he used to gather recycables, Galipo said. He likely retreated back into the bushes to make sure he got his recyclables, the attorney added.
“Though he had something that could be seen as a potential weapon he never swung it and he had been Tased and was turning away from the Taser,” Galipo said. “There was no command to drop it or they were going to Tase him. And there was no immediate threat of death or serious bodily injury.”
Galipo said he rebutted the city’s arguments of potential harm by arguing, “If that’s going to be the standard we could shoot anybody at any time because they might do something.”
Garcia had an estranged wife in Mexico he had not seen in years who was also a plaintiff, but it was his two daughters, 23-year-old Emily and 17-year-old Camilla who were the driving force behind the case, Galipo said.
“It sends a message that the community cares,” co-counsel Michael Carrillo said. “Even if you’re homeless, if you have loved ones we will not tolerate officers unjustly using deadly force.”
Garcia’s daughters “have been fighting this case for almost five years. They are the true heroes,” Carrillo said. “They were their father’s voice in court and made sure he received justice.”