Judge allows case against former Kansas cop indicted in 2017 shooting to move forward
A former Leavenworth police officer who shot and killed a man in a car in 2017 cannot claim legal immunity for self defense, a judge ruled in May. A jury must decide if his actions were justified as self defense.
Documents obtained by The Star Tuesday say the force used by the officer, Matthew Harrington, when he shot and killed Antonio Garcia Jr. in an SUV was not statutorily justified as self defense, meaning the involuntary manslaughter case against him can move forward.
Harrington was indicted in August 2018 in Garcia’s death. Garcia was in the drivers seat of the car when Harrington shot him multiple times. He was fired from the Leavenworth Police Department for violating policy.
Leavenworth County Judge Michael Gibbens issued a ruling last month declining Harrington’s claim for legal immunity from prosecution based on self defense.
According to the ruling a “reasonable person” would not believe use of force was necessary or that the SUV Garcia was in could be considered a weapon. Therefore, the ruling said, a jury must decide whether Harrington’s actions were justified as self defense.
In a statement to The Star Harrington’s defense attorney, Morgan Roach, said the hearing that preceded the ruling was to determine whether Kansas law required the case to be dismissed and not about Harrington’s guilt or innocence.
“Dismissal at this early stage would have been an extremely rare outcome considering the State’s low burden of proof,” the statement said. “Although we believe dismissal was warranted, we are confident that Matt will be exonerated at trial.”
The Leavenworth County Attorney, Todd Thompson, declined to comment on the ruling.
In November Garcia’s family settled a wrongful death and civil right’s lawsuit against Harrington and the city of Leavenworth for $1 million.
The shooting
Video of the shooting, which occurred in July 2017, was shown in court in October 2019. The video has not been released to the public.
Harrington had been called to Garcia’s home to investigate a domestic dispute involving a stolen vehicle. Garcia arrived at the home after Harrington in the vehicle that was reported stolen, according to the ruling.
When he arrived, Harrington approached the vehicle and told Garcia he had to “investigate a crime.” During the exchange, the ruling said, Garcia had a small knife in his hand and gestured to the home.
“Antonio Garcia, Jr. at no time during the interaction, ever makes verbal threats or threatening gestures towards Matthew Harrington with the knife,” the ruling said.
Harrington, the document said, told Garcia to put the knife away, stepped back from the car and drew his gun within 29 seconds of leaving the home and approaching the car.
The vehicle moved forward a few feet and Harrington, who was standing at the back corner of the car, again told Garcia to put the knife away. Garcia stopped the vehicle and Harrington fired five shots through the back drivers side door.
The car then rolled backwards into the street. According to the ruling, the court cannot determine the sequence of the shots or whether the fatal shots were fired while the car was moving forward or backward.
At the time of his death, the ruling said, Garcia’s blood alcohol content was more than three times the legal limit for driving.
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 that law, the date of the incident doesn’t matter — only the time of the request.
This story was originally published June 9, 2020 at 4:02 PM.
