The family of a man shot and killed by police in Fullerton is filing a legal claim against the city for wrongful death and violation of civil rights.
Officers originally responded to the 700 block of West Orangethorpe Avenue on a domestic disturbance call on March 15 at 11:51 p.m.
“The reporting party told the call taker that his 19-year-old brother had a knife and swung it at his father,” the Fullerton Police Department said in a press release issued the following morning.
When they arrived at the scene, they contacted the 19-year-old, identified as Pedro Garcia, outside the residence. He was not compliant with officers’ instructions and after several commands, police say he lifted his shirt and removed “what appeared to be a gun” from his waistband.
It was at that moment that officers opened fire. Immediately after the shooting, the officers began life-saving measures until paramedics arrived; however, Garcia was pronounced dead at the scene.
Police stated that a “pellet gun resembling a Smith & Wesson handgun” was located “in close proximity” to Garcia, but the family’s legal claim asserts that he was unarmed at the time of the shooting.
“The claim asserts that officers with the Fullerton Police Department unjustifiably used excessive force when they shot and killed Pedro Garcia, who was unarmed,” lawyers for the family stated. “The family alleges that the officers’ use of deadly force was unwarranted and violated Pedro Garcia’s civil rights.”
