Two police officers in San Diego have been cleared of wrongdoing in the death of a local man, Gabriel Garza, while they were restraining him outside a downtown bar last January. District Attorney Summer Stephens determined that officers Jacob Phipps and Noah McLemore utilized “the least amount of force necessary” during the incident, which occurred on January 25, 2025.
The investigation indicated that Garza, a 40-year-old caterer, was acting in an “erratic” manner, prompting officers to intervene in order to prevent him from harming himself or others. They restrained him by handcuffing him and holding him face down on the ground.
Graphic footage of Garza’s arrest gained substantial attention on social media, showing the officers on his back for nearly eight minutes until he became unresponsive.
Garza’s family filed a civil suit in May against the San Diego Police Department and the involved officers, claiming that excessive force contributed to his death. A medical examiner later classified Garza’s death as a homicide.
The prosecutor’s investigation revealed Garza had been drinking and had been involved in a fight inside the Star Bar before being taken outside, where he allegedly bit a security guard. According to the report, a friend and a security guard held Garza down for 26 minutes until police arrived.
Upon arrival, Garza was described as “speaking incoherently” and displaying erratic behavior. Video evidence shows him being held down for the aforementioned duration. During this time, his heart stopped, and despite attempts by police and medical personnel to revive him, he was declared dead shortly after reaching the hospital.
It was later discovered that Garza had cocaine in his possession and that toxicology tests also revealed alcohol in his system at the time of death. A spokesperson for the police department, along with the two officers involved, did not provide any comments.
Attorney Lauren Melano, representing the Garza family in the ongoing civil suit, expressed that while the family was disappointed by the decision not to charge the officers, it wasn’t entirely unexpected. “It’s not common for prosecutors to indict police officers, so I think they were prepared,” she remarked.
The family is seeking unspecified damages from both the police department and the officers involved.
