DENVER — A recent ruling has clarified the legal responsibilities of Denver Public Schools regarding the tragic death of 16-year-old Luis Garcia, who was fatally shot outside East High School earlier this year. The incident has raised significant questions about school safety and the school’s duty to protect its students.
In a decision issued earlier this month, Denver District Court Judge Kandace C. Gerdes determined that since Luis was shot while parked on a public street and not on school property, the district could not be held liable for his death. This ruling came after Luis’ family filed a wrongful death lawsuit against the district, East High School, and the Denver school board.
Luis’ family announced their intention to appeal the judge’s ruling shortly after the decision was made public. Their attorney, Matthew Barringer, expressed disappointment, stating that his clients believe the situation remains unresolved, emphasizing that no one has yet been charged in connection with Luis’s murder. Barringer criticized the lack of progress in the investigation, claiming the family has only received “hollow promises” regarding accountability.
The Denver Police Department and the Denver District Attorney’s Office confirmed on Thursday that the investigation into the shooting is ongoing, with no updates to report. Luis was shot in his car on February 13, 2023, shortly after dropping off a cousin at the school. He succumbed to his injuries about two weeks later.
In her ruling, Judge Gerdes highlighted that the shooting occurred at a public intersection, specifically where City Park Esplanade meets East 17th Avenue. She pointed out that an RTD bus stop is located less than 500 feet from the incident site, reinforcing her conclusion that the roads in question are intended for public use and are not part of the school’s facilities. This finding plays a critical role in the application of the Claire Davis School Safety Act, which holds school districts liable for failing to safeguard students against foreseeable acts of violence.
Luis’s family alleged that the school compromised safety by removing armed police officers from the premises, suggesting this decision may have emboldened potential shooters. In 2020, the Denver school board had voted to eliminate school resource officers, a move that was reversed in 2023 following a series of violent incidents, including Luis’s death.
In a public statement responding to the ruling, the school district expressed condolences to the Garcia-Bobadilla family, acknowledging the profound impact of Luis’s loss on the community. The family’s lawsuit not only targets DPS and East High but also includes a juvenile male suspect and his mother, alleging the identified individual was responsible for the shooting.
This case continues to unfold, leaving the community and Luis’ family searching for justice in the wake of a tragic loss.
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