Luis M. Garcia
Date: 8/9/2021 Location: Tustin, CA FACTORS (1,4,14,19)
Name: Luis Manuel Garcia
Criminal History/Involved: Unknown./ No, the 911 call regarding Garcia was about a man with a large steak knife acting suspiciously in the bushes.
Mental Illness: Yes, Garcia’s family stated he “struggled with mental illness,” and he was homeless which is a key indicator of mental illness.
Substance Abuse History/Involved: Unknown./ None stated.
Race/Sex/Age: Latino/Male/38
Officer(s) involved: Three Tustin Police Department police officers
What prompted the initial contact with police? At approximately 10 a.m. on August 9, 2021, three Tustin police officers responded to a 911 call of a homeless man acting suspiciously in the bushes outside a mobile home park. The caller reported during the previous days the man in the bushes had a large steak knife but was unsure if he had it this time. Upon arrival at the scene, the female officer is seen on bodycam video telling the man, Luis Garcia, to put his hands up and come out from the bushes.
Actions taken by subject towards police: After telling the officer he was just collecting recyclables; Garcia complied and came out from the bushes holding a bag in one hand and a “nearly 5-foot-long wooden pole” in another.
Reactions by the police: A male officer can be heard on the bodycam video alerting the other officers that Garcia had a stick. As Garcia came out from the bushes, one of the male officer’s tased him and then the female officer closest to Garcia shot him twice. After Garcia ran and fell down near the third officer, the officers rendered medical care to Garcia, but he died from his wounds.
Outcome of investigation into the fatal police incident: The shooting is under investigation by the Orange County district attorney’s office and the California State Department of Justice in accordance with AB 1506, “a newly-implemented state law allowing the DOJ to specifically probe local police shootings of unarmed civilians.”
What could the subject have done that day to still be alive today? Not be seen by residents in the bushes holding a knife the past few days; come out of the bushes with his hands up and empty; not come out of the bushes holding a large stick just feet from the female officer.
Justified Use of Deadly Force? YES, despite repeated commands for him to come out with his hands up, Garcia exited the bushes holding a large stick just 1-2 feet from the female officer who had a limited area to maneuver on the narrow sidewalk with the roadway behind her. While Garcia may not have intended to attack the officer with the stick, in such close quarters she had reasonable cause to believe her life was in danger and therefore deadly force was justified.
