Mistrial declared in case of ex-Leavenworth cop accused of involuntary manslaughter
A Leavenworth jury was unable to reach a verdict Wednesday for a former Leavenworth cop accused of involuntary manslaughter in the shooting death of a 47-year-old man in 2017, leading to a mistrial in a criminal case that has spanned four years.
Matthew Harrington was on trial for the killing of Antonio Garcia, Jr., who was fatally shot by Harrington while he was working as a police officer. Jurors began deliberating Wednesday.
A hearing in the case has been scheduled for May 4 where a new jury date may be decided.
Harrington was indicted in August 2018 in the shooting death of Garcia, who was in the driver’s seat of an SUV when Harrington shot him multiple times. Harrington was later fired from the police department for violating policy.
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.
In June 2020, a Leavenworth County judge ruled that the involuntary manslaughter case against Harrington could move forward. The judge concluded that Harrington could not claim legal immunity for self-defense.
A video of the shooting recorded on Harrington’s body camera showed the fatal encounter unfold on July 11, 2017. 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.
District Attorney Todd Thompson told The Star that the hope was to have the trial completed on Wednesday, but he said his office recognizes that serving on a jury is a “tough job.” For prosecutors, Thompson said the coming weeks would involve reevaluating aspects of the case and speaking with Garcia’s family about their wishes moving forward.
In a statement, Police Chief Pat Kitchens said the events that led to Garcia’s death were a tragedy for all involved and the community at large. He noted the investigation led by his agency alongside the KBI led to their conclusion that Harrington’s actions were outside the bounds of reasonable use of force.
“We support the process of adjudicating these matters in a court of law where our Criminal Justice system can evaluate the facts and render a decision,” Kitchens said. “We believe the jury made a reasonable and fair effort to render that decision but could not reach a unanimous verdict which is required.”
Kitchens also said bodycam video of the police shooting would be made public at some point as a matter of “public interest.”
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.
This story was originally published April 20, 2022 at 5:45 PM.
