Jury awards $17 million to family of homeless man killed by Tustin police
LOS ANGELES - A federal jury in Los Angeles has delivered a $17 million wrongful-death verdict against the city of Tustin following the 2021 fatal police shooting of Luis Garcia.
What we know:
On August 9, 2021, Tustin police responded to reports of a man with a knife who had been seen the previous night.
Although the suspect was described as a blonde man, officers approached Garcia—who did not match that description—as he slept in the bushes. Officer Estela Silva, who recognized Garcia from prior encounters, roused him.
PREVIOUS COVERAGE: Family of unarmed father killed by Tustin police sues city
According to plaintiff attorney Dale Galipo, the situation escalated when officers grabbed Garcia as he emerged from the bushes.
When Garcia retreated to retrieve his belongings, an officer deployed a Taser.
"And within two seconds while the Taser is going off the officer shoots him twice without any further commands or warning," Galipo said.
Garcia later died at a local hospital.
It was confirmed he was unarmed, carrying only a stick used for gathering recyclables.
What they're saying:
The legal team for the Garcia family emphasized that homelessness does not negate the right to justice.
"It sends a message that the community cares," said co-counsel Michael Carrillo. "Even if you're homeless, if you have loved ones we will not tolerate officers unjustly using deadly force."
Refuting the defense's claims of potential danger, Galipo stated: "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... If that’s going to be the standard we could shoot anybody at any time because they might do something."
What's next:
The $17 million verdict marks the conclusion of a nearly five-year legal battle led by Garcia’s daughters, Emily and Camilla.
While the jury has spoken, the city of Tustin has not yet publicly commented on whether they intend to appeal the federal court's decision or if policy changes regarding police escalation will follow the verdict.
The Source: This report is based on legal filings and public statements provided by the plaintiffs' attorneys, Dale Galipo and Michael Carrillo, following the conclusion of a six-day federal trial in Los Angeles.