An attorney representing the family of a 19-year-old man fatally shot by Fullerton police said Wednesday witnesses dispute claims that he was wielding a pellet gun when officers confronted him last month.
The family of Pedro Garcia, who was shot by Fullerton police March 15, filed a legal claim with the city on Tuesday. A legal claim is a necessary precursor to a lawsuit, which can be filed if the city rejects the claim. The claim does not specify the monetary damages sought.
Attorney Michael S. Carrillo said Garcia was celebrating the seventh birthday of a relative that day when he got into an argument with his stepfather.
“There was a knife involved, but nobody got hurt,” Carrillo said.
Garcia’s 14-year-old brother called police, Carillo said.
Police said the teen told an emergency dispatcher his brother swung the knife at his father.
“Something like seven patrol cars” responded, the attorney said.
The officers approached the family’s home about 11:45 p.m. at 721 W. Orangethorpe Ave. with guns drawn, Carrillo said.
“His mother was saying he doesn’t have a gun,” the attorney said. “He had his hands up and that’s when officers fired.”
Garcia “picked up his shirt half way to show he had nothing in his waistband,” Carrillo said.
“I listened to the audio and there’s over 20 shots, including some fired while he was on the ground,” Carrillo said.
Garcia’s brother “feels terrible,” Carrillo said.
“Just seeing him fall to the ground and continuing to get shot,” Carrillo said. “There’s cracks in the sidewalk from the shots fired into the sidewalk.”
City officials said they have an image of Garcia with a pellet gun, but no bodycam footage from the officers has been released, Carrillo said.
Witnesses, including neighbors, say Garcia “had nothing in his hands,” Carrillo said.
Police characterized Garcia as “uncooperative” and said he ignored multiple commands as officers approached him.
Carrillo said the family argument stemmed from Garcia “having issues with his girlfriend and his stepdad tried to speak to him about it, but it was nothing out of the ordinary — just a family argument.”
“Just let him walk it off and blow off steam, not get blown to bits,” Carrillo said.
Garcia graduated from Fullerton High School in 2023 and was working construction jobs with his stepfather, Carrillo said.
Garcia “had plans that same day to go to apply for a job at Petco,” Carrillo said.
“He loved playing video games with his brother. He was a young man with no criminal problems, no gangs, no tattoos,” Carrillo said.
Garcia was charged earlier this year with misdemeanor battery for an incident on Oct. 8, according to court records. When he failed to appear in court March 5 for his arraignment, a warrant was issued for his arrest two days after he was fatally shot, according to court records.
The city has 45 days to decide whether to accept or reject the claim.
Kristy Wells, a spokeswoman for Fullerton police, said the Orange County District Attorney’s Office will investigate the shooting to determine if any laws were broken. Police will release a video on the shooting within 45 days of the conflict as required by state law, Wells said.