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Gilbert Garibay Killed In Merced Police Shooting

Gilbert Garibay, 73, Died After Merced Police Shooting By M Street and Loughborough Drive

MERCED, CALIFORNIA (October 27, 2023) – A 73-year-old man identified as Gilbert Garibay has tragically died in a Merced police shooting near the intersection of M Street and Loughborough Drive.

Merced County officials are saying that the incident took place on Tuesday morning. Officers said that they got a call about a man that was nearly hit by a vehicle.

Police were called to the scene and encountered Gilbert Garibay. He allegedly approached officers with a knife before being shot.

Paramedics arrived in order to help the man. Sadly, Gilbert Garibay later died due to his injuries.

A full investigation into the Merced police shooting remains ongoing at this time.

Liability For Merced Police Shootings

Far too many encounters with police officers each year end in a fatality. According to the Law Enforcement Epidemiology Project, “In the U.S. during a given year, an estimated 1 million civilians experience police threat of or use of force resulting in a conservative estimate of 85,000 non-fatal injuries requiring hospital treatment and 600-1000 deaths.” There are many factors that could contribute to a police shooting.

  • Police shootings are much more likely to occur if an officer believes that a victim is armed. This belief is not always founded. Many people have been shot as they were reaching for pens or their cellphones.
  • Police shootings are much more likely to occur with suspects that are suffering from untreated mental illness. In fact, people suffering from untreated mental illness were nearly 16 times more likely to be killed during police encounters.
  • Police shootings are much more likely to occur if officers have insufficient training in de-escalation techniques.

Using a firearm should always be a measure of last resort for police officers. If a police officer uses excessive force and kills a suspect, this could form the basis of a constitutional claim. According to 42 U.S. Code § 1983, every person who, under the color of law, deprives someone of their rights afforded under the Constitution, shall be liable to the injured party in an action at law. The circumstances of any police shooting should be well understood.

  • Body camera footage from all officers involved should be sought.
  • Eye witnesses should be interviewed.
  • It should be known if the officers had previous interactions with the suspect.
  • Medical records related to the shooting should be preserved.

There are protocols that must be followed before any police officer is permitted to use lethal force. This is especially true if an officer believes that a suspect is going through a mental health crisis. The family of any person that died in a police shooting may be able to seek some measure of justice through a civil claim. Sadly, police departments will often do everything that they can to deny liability if one of their officers kills someone. A civil rights attorney can examine all of the unique facts of your case free of cost and get to the bottom of what caused any police shooting.

Investigating Merced County Police Shootings

We at the Carrillo Law Firm, LLP extend our deepest condolences to the family of Gilbert Garibay. Any person that may have more information about what happened should reach out to investigators. The Merced Police Department needs to do their part and be totally transparent about what took place. This incident remains deeply concerning and may have been entirely avoidable.

Do you need more information about a Merced County police shooting? Our team of civil rights attorneys are here to help in any way that we can. We care deeply that victims of police brutality are aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free, independent investigation into any incident we are here for you. You can reach out to us anytime at  626-799-9375.

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.