CASE RESULTS

Emily Garcia v. City of Tustin

Unanimous Jury Verdict Following a Fatal Police Shooting

Carrillo Law Firm, working with the Law Offices of Dale K. Galipo, secured a $17 million jury verdict for the family of Luis Garcia following his fatal shooting by a Tustin police officer. The jury unanimously found the shooting excessive and unreasonable after a six-day federal trial.

On August 9, 2021, officers confronted Garcia near bushes where he had been sleeping. He was carrying a stick used to collect recyclables. Another officer deployed a Taser, and Officer Estela Silva shot Garcia. The family’s attorneys argued that he had not swung the stick, posed no immediate threat, and was turning away while being tased. The case centered on the officers’ excessive use of deadly force and the body-worn camera evidence.

The verdict followed a successful appeal that returned the excessive-force claim for trial. The court entered a $17 million judgment against Silva and the City of Tustin in favor of Emily Garcia and the other family plaintiffs, including damages for Luis Garcia’s pre-death suffering and loss of life, and the family’s wrongful death losses.

Author

MICHAEL S. CARRILLO, Partner

Michael works on high-profile cases that have garnered national media attention. His practice today focuses on child sexual abuse cases, police misconduct cases, catastrophic injuries and other wrongful death matters. He is a passionate advocate for his clients including the countless child sexual abuse victims he currently represents.

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