EspañolFontana Police Department Involved In Deadly Shooting of Jesus Garcia (Full Name: Jesus Adrian Garcia) Outside Vons By Cherry Avenue and Basline Avenue
FONTANA, CALIFORNIA (September 24, 2024) – A man identified as Jesus Garcia has died in a Fontana police shooting during a confrontation outside of a Vons located near Cherry Avenue and Basline Avenue.
Fontana police are saying that the incident took place around 2:15 p.m. on Tuesday. An officer with the Fontana Police Department was called to the area after getting a report of a man with a pole.
When officers arrived, they attempted to de-escalate the situation. Authorities claim that the man refused multiple commands to drop the pole he was holding before attacking an officer.
At least one officer opened fire and struck Jesus Garcia. A video of the incident is currently circulating on social media. He later died to the severe nature of his injuries.
Liability For Fontana Police Shootings
Fatal police shootings remain all too common across California and the United States. 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 75,000 non-fatal injuries requiring hospital treatment and 600-1000 deaths.” A disproportionate number of these shootings involve suspects who are suffering from mental illness. There are a number of signs that officers may be dealing with someone who is suffering from an untreated mental illness.
- A person may express irrational fears.
- A person may display erratic behavior.
- A person may have disorganized speech or thought.
- A person may have a flat affect or lack emotional response.
Police officers have a legal obligation to use the least amount of force necessary to pursue their goals. When an officer uses excessive force, they could be held at fault. Pursuant to 42 U.S. Code § 1983, every person who, under the color of any statute, law or ordinance, causes a citizen of the United States to be deprived of their rights secured by the constitution, shall be liable to the injured party in an action at law.
When police protocols are not followed, this could form the basis of a constitutional claim. Consider, for example, Tabares v. City of Huntington Beach (9th Cir., Feb. 17, 2021, No. 19-56035) 2021 WL 609854. In that case, an officer failed to follow police protocol for dealing with mentally ill suspects before a man was fatally shot. There are several measures that police officers should take if they encounter a suspect that they believe may suffer from a mental illness.
- Request backup
- Calm the situation
- Avoid physical contact
- Determine if the suspect is taking medication
- Acknowledge the suspect’s feelings
- Not make any threats
Police shootings are often highly preventable. They tend to involve officers that are either unwilling or unable to de-escalate encounters. When police departments investigate their own officers, they will inevitably find that no wrongdoing took place. This is why it is so important that victims of police brutality understand that they do have rights. The family of any person who died in a police shooting may be able to seek some measure of justice through a wrongful death claim.
Investigating San Bernardino County Police Shootings
We at the Carrillo Law Firm, LLP were deeply concerned to hear about this fatal Fontana police shooting of Jesus Garcia. Any person who may have more information about what happened should reach out to investigators. Every citizen has constitutional rights that must be respected no matter what they are accused of.
Do you need more information about a Fontana police shooting? Our team of civil rights attorneys is here for you. We care deeply that victims of police brutality get the support and justice that they are entitled to under the law. Whether you just have legal questions or need any type of support, we may be able to assist you. You can reach out to us anytime at 626-799-9375.
