Leavenworth police officer who fatally shot man fired for ‘unreasonable’ use of force

A Leavenworth police officer has been fired after it was determined he violated the department’s policy in a fatal shooting in July.

Police Chief Patrick Kitchens said in an email Monday morning that Officer Matthew Harrington was terminated from the department on Friday for violating the department’s use of deadly force policy requiring that such force be reasonable.

“It was my conclusion the use of deadly force was unreasonable,” Kitchens said.

Harrington shot and killed Antonio Garcia Jr., 47, the morning of July 11 while investigating a domestic dispute regarding a reported stolen vehicle.

“I think it should have been done a long time ago,” said Gina Mays, who raised Garcia as a son when he moved here from California when he was 14. “He did not deserve to die. ... It affected his children, especially those who saw him get shot.”

Attorneys for Harrington released a statement saying that his actions were consistent with the department’s use of force policies and procedures.

“He took reasonable and necessary action to protect himself from imminent danger,” Harrington’s attorneys said. “Officer Harrington disagrees with the decision to discharge his employment, but is confident his name will be eventually cleared.”

The shooting of Garcia was prominently featured in The Star’s series in November about the lack of transparency in Kansas government called, “Why so secret, Kansas?” A story about how weak laws and hazy practices allow law enforcement to avoid accountability centered on the Leavenworth shooting and the department’s refusal to release police camera footage or the officer’s name. Police only Monday released his name and have yet to release video footage.

A separate investigation to determine if Harrington violated Kansas law is ongoing, Leavenworth County Attorney Todd Thompson said Monday.

That investigation is being conducted by the Kansas Bureau of Investigation and an independent expert, Thompson said. His office will decide what action to take once the investigation is complete.

“The standard for terminating an employee based upon professional standards is also a much lower burden than the burden used to charge and/or convict someone of a crime,” Thompson said in a written statement. “We have an ethical duty to do our best to fully vet a matter before we file charges on anyone.”

He said he hoped the investigation would be finished soon.

Harrington had been dispatched to Garcia’s home in the 1700 block of Rose Street after an argument between family members.

Garcia had left the home before Harrington arrived, but returned shortly and encountered the officer, according a release from the police department.

At one point while Garcia was still in his SUV, Harrington fired his duty weapon, which struck and killed Garcia, according to Leavenworth police.

Relatives have said Harrington tried to stop Garcia from leaving, and the two struggled over the door of the vehicle. Garcia tried to drive away, and the officer fired about five shots, relatives said, hitting Garcia in the head and chest.

Since the shooting, the officer had been on paid administrative leave. He earned $38,140 a year.

Tracy Ludeman, who is Mays’ sister, said Harrington’s firing was “one step in the right direction.” But she wants to see more.

“I want them to charge Matthew Harrington,” said Ludeman, who has organized several protests outside the Leavenworth Justice Center demanding answers. “Had it been anyone else who shot him, they would be in jail. ... He had so many other options other than deadly force.”

Family members have been told for months they couldn't see camera footage of the shooting because it was under investigation. Mays hopes that changes soon.

“We’re all hoping to see this,” Mays said. “I want answers like everyone else. There is a man dead here because of neglect.”

The dashcam video is not being released because it is still classified as evidence in the ongoing investigation by the Kansas Bureau of Investigation, Kitchens said.

The Leavenworth police department conducted a professional standards investigation to determine whether Harrington followed the department’s use of deadly force policy. The investigation was concluded on Friday.

“I reviewed the contents of that investigation and concluded that Officer Harrington violated that policy,” Kitchens said.

Harrington was fired from the police department for the policy violation.

The professional standards investigation report will not be released to the public because it is an internal document and personnel matter, Kitchens said.

Garcia’s family and friends released balloons at his grave Friday. It would have been his 48th birthday. Garcia’s 6-year-old granddaughter cried the entire time, Ludeman said, and relatives took turns holding her.

“You can’t do anything for a little kid like that,” Ludeman said. “She doesn’t understand why he’s gone.”

This story was originally published January 29, 2018 at 9:20 AM with the headline "Leavenworth police officer who fatally shot man fired for ‘unreasonable’ use of force."