DENVER — The family of Luis Garcia, the 16-year-old teen who was gunned down outside East High School in early 2023, has filed a wrongful death lawsuit against the district, its board of education and several of its members for what they claim was “negligence in providing a safe environment” by not having armed police on campus at the time of the shooting.
The lawsuit, filed by the Barringer Law Firm on behalf of the Garcia family, was filed Monday and states that “East High School and DPS failed to uphold their legal duty under the Claire Davis School Safety Act by not maintaining adequate security measures, such as School Resource Officers (SROs).”
It also alleges that Denver Public Schools (DPS) “had been aware of escalating violence and failed to take necessary steps to prevent further incidents, leaving students like Luis Garcia vulnerable.”
Luis, 16, was inside a parked vehicle outside the school the afternoon of February 13, 2023, when he was shot several times by a juvenile only identified as “A.A.,” according to the lawsuit. He was hospitalized with a "very poor prognosis" and died at Denver Health after a 17-day fight for his life.
During a news conference a year after the shooting, Matthew Barringer, the family’s attorney, told news media that a case had been presented to the Denver District Attorney’s Office for its consideration, alluding that a possible suspect may have been found in Luis’ death. When pressed by Denver7 about that statement, Barringer said questions would have to go to the Denver DA’s office.
Hear from the family of Luis Garcia in this news conference from earlier this year in the video below.
In a statement Tuesday, a DPD spokesperson said via email the investigation into Luis' death was still ongoing and there were no new updates in the case. A spokesperson for the Denver DA's Office said they also had no updates on the case.
SROs were removed from all Denver schools after DPS ended its relationship with DPD in June of 2020 in the wake of George Floyd’s murder at the hands of Minneapolis police about a month earlier.
But following Luis’ death, along with the death of another student at East High who was suspected of shooting two school administrators about a month after Luis was shot, the district reversed course and SROs were reinstated at several campuses across the district.
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"This lawsuit is about accountability and ensuring that no other family endures the heartbreaking loss the Garcia family has suffered," said a spokesperson for Barringer Law Firm. "Our goal is to shine a light on the systemic failures at East High School and DPS, so that student safety is prioritized moving forward."
The lawsuit seeks damages for economic and non-economic losses, including emotional distress, funeral costs, and “the profound grief experienced by the Garcia family.”
A news conference will be held Wednesday at 7:30 a.m. at the DPS Administration Office Building on Lincoln St. to provide “key details about the lawsuit, the allegations against DPS, and the significance of this case in addressing student safety issues," according to a news release.
A spokesperson for DPS said Tuesday afternoon they do not comment on pending litigation.
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