Wife of Leavenworth man killed by police officer files lawsuit
The wife of a Leavenworth man fatally shot by a city police officer in 2017 has filed a wrongful death lawsuit in federal court.
Antonio Garcia Jr. was shot to death on July 11, 2017, while sitting in a car in the driveway of his home, according to the suit filed in U.S. District Court in Kansas City, Kan.
The officer, Matthew Harrington, was subsequently fired and a grand jury indicted him on a charge of involuntary manslaughter.
He is free on bond while the criminal case is pending.
The lawsuit was filed on behalf of Garcia’s wife, Heather Garcia, and his six children.
The suit alleges that Harrington was called to the Garcia home on a report of a possible stolen vehicle.
The officer was told that Antonio Garcia had driven away in a vehicle owned by his wife. Harrington said that because they were a married couple, it was a civil matter , and not criminal, according to the suit.
While the officer was still there, Antonio Garcia drove back to the house and parked in the driveway.
According to the suit:
Harrington approached the vehicle and began to pull the door open, but Garcia pulled it shut.
The officer attempted to open the door a second time, and again Garcia pulled it shut.
Harrington then began shouting, and as he moved away from the vehicle fired his gun, striking Garcia.
The suit says that Garcia did not verbally threaten, or attempt to physically assault, the officer before he was shot.
After the shooting, Heather Garcia, who is a trained medical provider according to the suit, was prevented from performing first aid.
The officer also spent time moving witnesses away from the scene instead of rendering medical assistance, the suit alleges.
The lawsuit says Garcia’s civil rights were violated by what the lawsuit calls the city’s “shoot-first-ask-questions-later” policy.
The city of Leavenworth is also allegedly at fault for failure to train and supervise the officer, the suit contends. It seeks an unspecified amount in damages.
A spokeswoman for the city said Monday it does not comment on pending litigation.
This story was originally published February 4, 2019 at 3:41 PM.
