Family of man fatally shot by Phoenix police in July files notice of claim
Jan 4, 2021, 4:35 AM | Updated: 12:00 pm
(KTAR News Photo/Ali Vetnar)
PHOENIX – The family of a man who was fatally shot by Phoenix police in July filed a $10 million notice of claim with the city last Monday, according to documents.
The family of 28-year-old James Garcia alleged a wrongful death and are seeking damages from the incident from the city of Phoenix.
The claim was filed by Garcia’s mother, Denice Garcia, his minor children and their mother, Sara Salazar. It alledges Garcia’s 4th and 14th Amendment rights were violated in the ordeal.
“There are no words to fully describe the loss that a family suffers and continues to suffer,” the notice said.
In the claim, Garcia’s family mentions he had stopped by his parents’ house the day before the shooting to pick up mail, but did not see his children because he’d tested positive for coronavirus and did not want to expose them.
The city has 60 days to respond to the claim before further legal action can take place, according to the documents.
On July 4, Phoenix police responded to an incident near 56th and Glenrosa avenues where a caller said a man who previously stabbed him had returned and had a knife.
While searching for the suspect, police found Garcia, who they later noted did not match the description of the suspect they were looking for.
They talked to him for 10 minutes as they tried to secure the scene, but he wouldn’t get out of his car, police said.
Garcia then rolled up his window and pulled out a gun, police said. He refused orders to drop the gun and repeatedly told officers to shoot him and then lifted the gun, police said.
That’s when officers fired, police said.
Phoenix police later identified the officers involved as 29-year-old Noel Trevino, a three-year veteran of the force, and 31-year-old Gregory Wilson, who was in his second year.
Officer Anthony Deida and Sergeant John Backus are also named in the notice of claim.
Chief Jeri Williams previously said she’d asked the FBI to conduct an independent civil rights review of the case.