Kansas cop charged in shooting should have waited for backup, KBI agent testifies
A former Leavenworth police officer charged with involuntary manslaughter in a 2017 shooting should have stepped away and called for backup instead of opening fire, an expert witness testified Thursday in Leavenworth County District Court.
The testimony from Kansas Bureau of Investigation agent James Bridges came during a court hearing to determine if the former officer, Matthew Harrington, could have legal immunity.
Harrington was indicted in August 2018 in the shooting death of Antonio Garcia, Jr. , who was in the driver’s seat of an SUV when Harrington shot him multiple times. Harrington was fired from the police department for violating policy.
Bridges testified that Garcia did not pose a threat to Harrington.
Prosecutors showed video of the shooting, recorded on Harrington’s body camera. The video has not been released to the public.
The shooting
The video was recorded on July 11, 2017, when Harrington was called to investigate a domestic dispute involving a reported stolen vehicle at Garcia’s home in the 1700 block of Rose Street. Family members were reportedly having an argument at the home.
Garcia left the home before Harrington arrived, but soon returned and encountered Harrington, according to police.
In the video, Harrington walks up to Garcia, who is in an SUV and has just pulled into the driveway.
“I’m here to investigate a crime,” Harrington tells Garcia.
Garcia had a pocket knife in his lap but did not threaten Harrington or use the knife in a threatening way, prosecutors said.
In the video, Harrington is heard saying “Put that knife away. Put that knife away.”
Garcia shuts the SUV’s door and the two men struggle.
“Get back into the car,” Harrington yells at Garcia.
The video then shows Harrington firing several gunshots into the SUV as he backs away.
“Shots fired,” Harrington says into his police radio.
The bullets passed through a rear window on the driver’s side. Garcia lunged the SUV forward.
“Suspect shot. Suspect shot multiple time,” Harrington said into the radio.
The shooting happened 32 seconds after Harrington first approached Garcia, according to testimony.
Garcia’s blood alcohol content measured
Assistant Leavenworth County district attorney Shawn Boyd asked Bridges, the KBI agent, if Harrington acted properly.
“I didn’t see anything to raise to the use of lethal force,” Bridges said. “I would’ve backed off and waited for backup.”
Defense attorney Mike Nichols argued that Garcia posed a threat to Harrington when he failed to comply with the officer’s demands.
After the shooting, three days passed before law enforcement officials interviewed Harrington about the shooting, according to testimony.
He arrived at the interview with his lawyer, said Bridges, the KBI agent.
The judge in the case took the arguments under advisement to issue a decision at a later date.
The shooting of Garcia was prominently featured in The Star’s 2017 series 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 when he 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 law, the date of the incident doesn’t matter — only the time of the request.
This story was originally published October 31, 2019 at 12:54 PM.
