Family of man shot by Tustin police wins $17 million verdict

A jury awarded $17 million to the family of Luis Garcia, a 39-year-old homeless man shot and killed by Tustin police in 2021, after unanimously finding the shooting excessive and unreasonable following a six-day trial.

The case is among the largest excessive force civil judgments in Orange County's recent history and comes as local governments face mounting scrutiny over police responses to homelessness.

Garcia was shot and killed in 2021 after Tustin officers responded to an emergency call about a person sheltering in bushes, ABC7 Los Angeles reported. Body-camera footage shown at trial revealed Garcia emerging from the bushes holding only a bag of recycling cans and a stick used to collect discarded trash. One officer fired at Garcia twice as he attempted to run while a second officer deployed a Taser.

Garcia's family filed a civil lawsuit alleging excessive force in 2022. After six days of testimony, jurors returned a unanimous verdict finding the officers' use of force excessive and unreasonable, awarding $17 million in damages. An autopsy had found a presumptive positive result for methamphetamine, but the jury determined the use of lethal force was nonetheless unjustified.

Garcia's daughters, Camila and Emily, addressed reporters after the verdict was announced Wednesday. "I hope that this never happens to anybody else. Because at the time, I was very young when this happened. I was about 12, 13 when this happened, and it was a very hard time for me to go through. I wouldn't want anybody else to go through the same," Camila Garcia said.

Emily Garcia said she would miss her father's encouragement. "I'll miss his presence, most definitely, his encouraging words to always do my best. I'll miss that he was always very protective," she said.

The City of Tustin pushed back on the verdict in a statement released after the ruling, pointing to a prior state review. "Reviews of this incident by the California Department of Justice determined that Tustin police acted in self-defense and were justified in the use of force against an armed suspect. While we continue to extend condolences, we are disappointed by this verdict, in this civil suit, and will be exploring our options going forward," the statement read.

The California Department of Justice had previously found insufficient evidence to pursue criminal prosecution of the officers involved in the shooting.

The City of Tustin said it is reviewing its legal options following the ruling. Garcia's daughters said they hope no other family is forced to endure a similar loss.