Former Leavenworth police officer indicted in 2017 fatal shooting of man in SUV

A former Leavenworth police officer has been indicted in the 2017 shooting death of Antonio Garcia, Jr. , who was in the driver’s seat of an SUV when the officer shot him multiple times.

Leavenworth County Prosecutor Todd Thompson announced the indictment in a news conference Monday morning.

Former officer Matthew Harrington, who was fired in January, is charged with involuntary manslaughter. The charge alleges Harrington unintentionally killed Garcia “during the commission of a lawful act in an unlawful manner.”

Attorneys Ken Barnes and John Cusick, who represent Garcia’s wife and three of his children, said they met with an assistant Leavenworth County prosecutor Monday morning and the assistant prosecutor informed them of the indictment.

“There is some relief,” Barnes said, referring to the feelings of the family. “They were concerned it was never going to happen.”

Tracy Ludeman, who was like an aunt to Garcia since he moved to the Kansas City area more than 30 years ago, said the indictment was “a long time coming.” It’s something she has prayed for during the past year, especially in those early days when she led several protests outside Leavenworth City Hall and spoke to city leaders.

“Had this been a regular citizen, this would have been done already and they would have been in jail,” Ludeman told The Star Monday morning. “You can’t just go around and shoot someone.”

The law firm representing Harrington issued a written statement late Monday afternoon. Nicholas Ruble, an attorney with McCauley & Roach, LLC, is Harrington’s attorney.

“Although tragic for all involved, Officer Harrington used force only in response to a clear and immediate threat to his life,” the statement said. “We are confident that justice will be served when Officer Harrington is exonerated based upon the reasonableness of his actions.”

Harrington shot and killed Garcia, 47, on July 11, 2017, while investigating a domestic dispute involving a reported stolen vehicle.

In late January, Leavenworth Police Chief Patrick Kitchens fired Harrington for what the chief said was a violation of the department’s use of deadly force policy. At the time, Kitchens said: “It was my conclusion the use of deadly force was unreasonable.”

Harrington was taken into custody Monday morning. By the afternoon, he had been released on $50,000 bond. A court hearing is scheduled for September.

A group of Garcia’s family members gathered last month to urge authorities to release police video from that day. Relatives have said they believe the footage would prove that Garcia was trying to leave the scene and wasn’t acting aggressively toward the officer.

The shooting of Garcia was prominently featured in The Star’s series in November about the lack of transparency in Kansas government, titled “Why so secret, Kansas?” One article centered on the Leavenworth shooting and the department’s refusal to release police video or the officer’s name. Police released Harrington’s name in late January when the officer was fired.

A law enacted after the series still doesn’t allow for public disclosure of the video but does say that family members can see it within 20 days of a request. According to the wording of that new law, which went into effect July 1, the date of the incident doesn’t matter — only the time of the request.

Since the family gathered last month, Barnes and Cusick requested to see the police camera footage again under the new law. The two attorneys went to the Leavenworth Police Department two weeks ago and viewed the July 2017 video, which they described as “grainy.”

“If and when you get to see the video, you will see that Mr. Garcia was trying to disengage himself from the officer,” Barnes said. “He was not trying to engage with the officer … There was absolutely no reason for the officer to pull the trigger. He was not under any threat whatsoever.”

Added Cusick: “I don’t even know why he had his gun out.”

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

Garcia left the home before Harrington arrived, but soon returned and encountered the officer, according to a release from the Police Department.

At one point, while Garcia was still in the SUV, Harrington fired his weapon, striking and killing Garcia, according to Leavenworth police.

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

Garcia’s children still have not seen the video from that day. Family members didn’t want to go to the police station to view the footage, Barnes said.

“I don’t feel like they feel comfortable going to the Police Department,” Barnes said. “I understand them not wanting to be in that environment.”

Cusick said family members would like to see the video, but want to view it in a neutral environment. That request has been turned down, he said.

“There’s contention and this would only breed more contention,” Cusick said. “They chose to make it the most adversarial grounds to bring the family into.”

Thompson, the Leavenworth County prosecutor, said no one has asked him to allow the family to view the video somewhere else. If someone did, he said he would have to “weigh it.”

At Monday’s news conference, Thompson said Harrington’s indictment shouldn’t reflect poorly on the local law enforcement community.

“I want everybody to please remember that law enforcement has and always will be the cornerstone of our community,” Thompson said. “I know that our community, the Leavenworth community, will continue to respect not only the laws but our law enforcement — our police officers, our sheriff deputies.”

Under Kansas sentencing guidelines, Harrington faces a sentence ranging from 31 to 136 months if convicted, the prosecutor said. The charge carries a presumptive prison sentence, but probation could be granted under certain circumstances.

From the day of the shooting until Harrington was fired six months later, he had been on paid administrative leave. Harrington earned $38,140 a year.

Ludeman said she hopes to see justice.

“And that everything that was kept in the dark would come to light,” she said. “It needs to be brought out.”

This story was originally published August 13, 2018 at 11:21 AM.