SAN DIEGO — The family of a man who died shortly after a confrontation at a downtown bar has filed a lawsuit against the City of San Diego and the police officers involved in the incident. Gabriel Jesus Garza, 40, was removed from the Star Bar on January 25 after security staff reported a disturbance during which Garza allegedly bit a guard.
The federal lawsuit, submitted in San Diego, claims that officers restrained Garza face down until he became unresponsive. Following his death, the lawsuit contends that the city has failed to provide necessary information or documentation about the circumstances leading to Garza’s demise, leaving the family to rely on accounts from bystanders.
Witnesses reported that Garza seemed to be experiencing a health crisis that required immediate medical attention. The complaint alleges that a 911 dispatcher hesitated to send paramedics until the police assessed the situation. The lawsuit also claims that as officers responded, Garza was being held down by a security guard and another individual while he continued to struggle.
The officers involved, identified as Noah McLemore and Jacob Phipps, arrived on the scene around 8:15 p.m. According to sheriff’s officials, one officer handcuffed Garza while he resisted and another officer helped to restrain his legs. Soon after, Garza became unresponsive and was later pronounced dead at a hospital.
Further details from the lawsuit suggest that a pathologist with the county Medical Examiner’s Office classified the manner of Garza’s death as homicide, attributing it to physical restraint by police officers. The family alleges that the initial restraint by security staff was modified when the responding officer turned Garza onto his stomach, despite claims that he posed no threat.
Moreover, the lawsuit criticizes the officers for allegedly neglecting to check Garza’s breathing or pulse during the restraint. It cites established concerns regarding the dangers of holding individuals in a prone position, especially in light of the death of George Floyd in Minneapolis, which has driven conversations about police restraint tactics.
Despite these allegations, officials from the City Attorney’s Office and the San Diego Police Department declined to provide comments, citing the ongoing nature of the litigation. As the case moves forward, the family seeks accountability and seeks answers regarding the circumstances of Garza’s death.
The community continues to grapple with the implications of this incident, as calls for transparency and reform within law enforcement practices grow.
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