The family of a 19-year-old man shot and killed by Fullerton police announced Wednesday, April 2, that they have filed a legal claim against the city demanding transparency and justice for what they believe was an unjustified shooting.
The claim seeks unspecified damages, the family’s attorney, Michael Carrillo said during a press conference in front of Fullerton City Hall Wednesday morning. A claim is generally a required precursor before a lawsuit can be filed against a government agency.
But the family was demanding transparency and calling on the Fullerton Police Department to release body-worn camera footage and other relevant footage of the March 15 fatal shooting. They also called on Attorney General Rob Bonta’s office to investigate the shooting, claiming the suspect, Pedro Garcia, was unarmed.
But the department, in a statement provided to a reporter following the press conference, said the Orange County District Attorney’s Office was probing the shooting because Garcia was armed.
“Per state law, we will release relevant videos, recordings, and images via a Critical Incident Community Briefing Video within 45 days of the incident,” the statement read.
Fullerton police officers were called about 11:50 p.m. on March 15 to a home in the 700 block of West Orangethorpe Avenue after a man called and said his brother had a knife and had swung it at his father, police said in a press release following the officer-involved shooting.
When they arrived, Garcia was found outside the home on a sidewalk, but was uncooperative when given commands, Sgt. Billy Phu told freelance news organization OC Hawk. Police said they tried to subdue the man with less than lethal force, but at one point, Garcia allegedly abruptly lifted his shirt and removed what looked like a Smith & Wesson handgun, prompting officers to open fire.
The weapon turned out to be a pellet gun; police released a photo of the pellet gun in their statement following the shooting.
Family members claimed police shot at Garcia some 30 times, including after he had fallen to the ground. They also claimed that when police arrived, they told officers they had taken the knife from him and that he was no longer armed.
Carrillo, the attorney, said Wednesday that the family was disputing the department’s version of events and called for the department to release relevant video and conduct a DNA test on the pellet gun to determine if Garcia had really touched it. Carrillo stopped short of saying police planted the replica firearm at the scene.
Attorneys also claim, citing reports from family members, neighbors and bystanders, that Garcia had his hands up when he was shot, with Luis Carrillo, another attorney, calling the officers “trigger happy.”
“The reason I said these officers are trigger happy is because they shot 30 times,” Luis Carrillo said. “Unfortunately, they reacted to a non-existent threat.”
Family members and supporters of Garcia stood outside Fullerton City Hall before and after the press conference chanting “No justice, no peace,” and “Protect your blocks against killer cops,” among others.
Many held signs bearing Pedro Garcia’s name and others held photos of the 19-year-old who graduated from Fullerton High School in 2023, family members said.
Juan Garcia, Pedro’s older brother, said Pedro Garcia loved to go out with friends, listen to music, see low-riders and go out with family members to Los Angeles, or simply to go pick up snacks.
Michael Carrillo said Pedro Garcia was working with his stepfather in construction and had a girlfriend. The attorney characterized the call to police, which occurred at a family house party, as an argument that “got out of hand. Certainly it didn’t justify shooting him.”
The attorney added that there may have been some drinking involved, but he was unaware if there were mental health issues at play.
“He was a good soul that was taken away from us the wrong way,” Juan Garcia said.
Gabriela Ordones-Campos, Garcia’s mother, said they trusted in police, but everything the officers did that night was wrong.
Family members said they would continue to fight until they got justice for Pedro Garcia, with his older brother at one point saying “they messed with the wrong family.”
“Nothing that I’m going to do for him is going to bring back my son, but I just want justice now,” Ordones-Campos said. “I just want justice now.”