Newly released body camera video shows fatal shooting by former Leavenworth officer
After a short court battle over the release of body camera footage, the Leavenworth Police Department on Friday publicly shared a recording showing part of a police shooting that killed a 47-year-old man in 2017.
A mistrial was declared Wednesday in the trial of former officer Matthew Harrington, who was charged with involuntary manslaughter.
The Leavenworth Police Department announced they planned to release a 52-second clip Friday morning. Harrington’s defense attorneys filed a motion late Thursday arguing its release would be “inappropriate” and “make it harder to empanel enough prospective jurors who have no previous knowledge of the specific facts of the case.”
The Star filed a motion to intervene saying the public has a right to view the recordings.
“It is apparent the video is subject to varying interpretations, which is precisely why members of the public should be allowed to view the recording themselves and reach their own conclusion about what the recording shows,” attorney Bernard Rhodes wrote. “That is the essence of an ordered democracy, in which an informed public can decide for themselves matters of public interest.”
A judge ruled early Friday that the body camera videos can be released. The video was posted on the city of Leavenworth’s YouTube page around 1 p.m.
The 52-second video shows a portion of Harrington’s encounter with Antonio Garcia on July 11, 2017, in which Harrington shot and killed Garcia. Harrington was terminated from the department in January 2018 for violating the department’s use of deadly force policy.
A hearing in the case has been scheduled for May 4 where a new trial date may be decided.
Police shooting
Harrington was called to investigate a domestic dispute involving a stolen vehicle at Garcia’s home in the 1700 block of Rose Street. Family members were reportedly having an argument at the house.
Garcia encountered Harrington after returning to the home. In the video, Harrington is seen walking up to Garcia as he is parked in the driveway in the SUV.
Prosecutors have said Garcia had a knife in his lap but did not threaten Harrington. In the audio, Harrington was heard saying “Put that knife away” as Garcia shut the door and the two men struggled.
Harrington fired several gunshots into the SUV as he backed away. Harrington called “Shots fired” into his police radio.
The shooting happened 32 seconds after Harrington first approached Garcia, according to earlier testimony.
Harrington was indicted in August 2018.
Earlier court proceedings were held to determine whether Harrington would have legal immunity under Kansas law. At the time, a Kansas Bureau of Investigation agent testified as an expert witness that Harrington should have stepped away from the situation and called for backup instead of opening fire. The agent testified that Garcia did not pose a threat to Harrington.
Garcia’s family filed a civil lawsuit against the city of Leavenworth alleging wrongful death and violation of his civil rights. It settled for $1 million in 2019.
