New video is surfacing of a man who died after he was handcuffed and held on the ground by police following his removal from a downtown San Diego bar.
The family of 40-year-old Gabe Garza filed a federal lawsuit against the officers involved and the San Diego Police Department. Last week, the family obtained a copy of security video that shows what happened.
Gabe Garza’s death was recorded on a security camera mounted over the Star Bar — all 35 minutes of it.
“It’s horrible. Disgusting,” said Garza’s brother Carlos, who saw the video for the first time last week.
Gabe Garza was tossed from the Star Bar for unruly behavior on the night of Jan. 25. Bar security kept him flat on his back until police arrived. According to the video and bystanders, responding officers rolled him on his stomach and handcuffed him behind his back. Officer Jacob Phipps put his knee on him, while Officer Noah McClemore controlled his feet and legs.
“They didn’t check on him. They didn’t check on his welfare. They didn’t help him,” Carlos Garza said.
Gabe Garza asked Phipps why he was being restrained this way.
“I don’t know. I just showed up, and you were on the ground,” Phipps said.
Not three minutes later, Gabe Garza was unresponsive when he was asked his name.
One minute after that, paramedics arrived and immediately deployed a defibrillator before rushing him to the hospital. He was declared dead.
“We’ve been grieving,” his brother said. “It’s been tough. It’s been a tough road. There has been good days and bad days.”
A family is taking legal action against the city of San Diego and its police department for the in-custody death of a man in the Gaslamp Quarter. NBC 7’s Dave Summers reports.
The attorney for the Garza family says she got the video from a Star Bar employee but did not identify who that was. She also received the body-worn camera video from San Diego police last week. These are two very important pieces of evidence, not just for the Garza case, but for the police administration to determine whether their officers were operating within policy.
Attorney Lauren Mellano says the videos prompted amendments to the original 48-page complaint.
“The video just provided a lot more detail and confirmed some of the facts we already gleaned from bystanders,” Mellano said.
The city nor police department discusses pending lawsuits. Earlier this year, the San Diego County Sheriff’s Department, which investigated, identified the incident as a “continued struggle.”
“We haven’t learned enough about how dangerous this is somehow? Even after all the other instances where people have died or gone unconscious?” Mellano asked.
The Garza family says getting information about Gabe Garza’s death has been painstaking. This video, while telling, is a long time coming.
“I’d want for no family to have to beg for transparency and for justice,” Carlos Garza said.
The city asked the court to dismiss some of the charges in the complaint. Both sides are waiting on the judge’s decision.