The excessive force lawsuit filed Tuesday alleges negligence in the handling of the arrest of 39-year-old Luis Manuel Garcia on Aug. 9.
The family of a man shot and killed by Tustin police is demanding justice as they prepare for a second vigil in his honor.
"You've got a homeless guy who may have mental issues and instead of de-escalating the situation they clearly escalated it,'' Galipo told City News Service."In many ways the shooting was totally unnecessary... I'm hoping Tustin will do the right thing and step up and settle this case.'' Even though the video shows Garcia bursting through some bushes when police summoned him it does not justify the shooting, according to Galipo.
"Just because someone does something arguably that could have put police on a threat alert it doesn't rise to a deadly threat'' that justifies deadly force, Galipo said. "There's the disconnect... Where was the threat? He had a stick. You can't shoot someone for that. You can't even shoot someone with a gun or a knife in hand, and he has recyclables in one hand and a stick in the other hand.''"As soon as the cycle finishes or maybe during the cycle they shoot him,'' Galipo said."He was already under the control of the Taser. All they had to do was press the trigger again.
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