PHOENIX — Excessive force in law enforcement has been a major concern across the country in 2020. The death of George Floyd sparked a national conversation surrounding police reform.
Phoenix police have dealt with 26 claims this year surrounding excessive use of force and civil rights violations totaling close to $90 million.
On Monday, the family of James Garcia, a man shot and killed by Phoenix Police on the 4th of July filed a $10 million notice of claim against the City of Phoenix.
His lawyer Daniel Ortega is arguing police violated his 4th and 14th Amendment rights surrounding illegal seizure and the use of deadly force.
“It was clear when they questioned Mr. Garcia and they could see Mr. Garcia that he wasn’t the person they were looking for and he wasn’t committing a crime of any sort when they approached him,” said Ortega.
Phoenix Police were initially responding to a call from a man reporting he’d been stabbed by another man near 55th and Glenrosa Avenue last summer. Police say Garcia was sitting in his car outside of the house where that suspect was located and failed to follow commands when they asked him to get out of his car. He then pulled out a gun and pointed it at officers.
That’s when they fired into his car.
In a statement to 12 News, Phoenix Police say they conducted two separate but concurrent interviews into the Officer-involved shooting. A criminal and internal investigation has been submitted to the Maricopa County Attorney's Office for review. The investigation is also being reviewed by the Federal Bureau of Investigation as requested by Chief Williams, this review is still underway.
The involved officers have returned to their assignments and Officer Deida is the only officer from the group who has a prior officer-involved shooting.
Any additional comment related to this incident will not be made due to the investigations and pending litigation.