DENVER — Luis Garcia's family's attorney spoke for the first time since filing a wrongful death lawsuit against Denver Public Schools, the district's board of education, and two unnamed individuals.
Matthew Barringer, with Barringer Law Firm, said Wednesday its been nearly 600 days since 16-year-old Luis Garcia was shot and killed while he waited inside of his car, near East High School back in February 2023.
He told Denver7 the Garcia family decided to file the lawsuit because they want accountability from the school district.
"It's been some 597 days later, as it relates to answers and accountability? Well, nothing, no charges have been filed by the Denver District Attorney's Office. No one has been arrested," Barringer said. "There has been no justice, and the Garcia's in those 597 days have been unbelievably patient. We have waited. We have waited to file this action. And finally, it gets to a point where the Garcia's have to move forward. They have to seek action. They have to seek justice."
During Wednesday's press conference, Barringer also read a statement written by Luis' brother, Santos Garcia.
"My brother was shot on February 13, 2023. A day later, a school board member came to my brother's deathbed telling us they were sorry. It's hard to pinpoint what were they really sorry about?" Barringer read. "Were they sorry about my brother being shot, or were they sorry about the fact that unsafe schooling system they put in place had my brother on his deathbed."
In the video player below, watch attorney Barringer read the full letter from Luis' brother.
The 16-page lawsuit alleges Denver Public Schools and its board of education "failed to take all of the reasonable steps necessary to protect the school and its students from serious risk and harm as required by the Claire Davis School Safety Act."
The lawsuit goes on to say the school district and its board of education "weakened the security and safe environment of the school by removing all professionally trained and armed School Resource Officers (SRO's)."
In August 2023, Denver7 aired a '360 In-Depth' piece regarding remaining questions as SRO's prepared to return to some DPS schools.
DPS' board of education suspended a policy that removed SRO's from campuses after a separate shooting left two East High School administrators injured in March 2023.
Some of the DPS parents Denver7 spoke with at the time said they were comforted by SRO's return into some schools, others felt the complete opposite.
"For me right off the bat it gave me a sense of comfort after everything that happened this year," said one mother.
"In my mind there's no need for them to be in schools," a different mother said.
Earlier this year, DPS released its 'Discipline Matrix' which was designed to be a "quick reference guide for schools that refines the DPS student discipline policy and regulation to make the implementation of discipline easier and equitable across the district."
You can read the full 'Displine Matrix' in the embed below.
Some of the changes to the latest discipline matrix include "the addition of a seventh level, allowing for more specific details and supports to encompass each offense," according to DPS.
It also takes special education considerations and provides alternatives to suspensions.
The discipline matrix "does not set the rules around when a student is allowed to re-enroll following an expulsion," according to DPS. Instead, the district "follows C.R.S. § 22-33-105, which limits the period of expulsion or denial of admission to one year. After that year, the student’s boundary or neighborhood school cannot deny admission.
When students return following an expulsion, plans are put in place to support the safety of the student and the staff and students at that school."
Along with naming DPS and its board of education in the lawsuit, two unnamed people are in it, as well.
The lawsuit says the first unnamed person is a male juvenile who stole a "white Kia Sportage" sometime early in the day on February 13, 2023, the day Luis was shot and killed.
The lawsuit adds the male juvenile "was traveling eastbound on East 17th Avenue near the light at Esplanade near East High School." It goes on to say the male juvenile "ran the red light and started driving towards Luis at a high rate of speed."
The lawsuit says witnesses saw the male juvenile "line-up" the Kia "on the direct path straight to Luis," opening fire "while he was sitting in his Honda Accord on the property of East High School."
The second unnamed person in the lawsuit is the male juvenile's mom. The lawsuit includes her because it alleges she "knew or should have known that her son was in possession of firearms, ammunition, and other illegal weapons as evidence by his social media and items found in her home by law enforcement."
Denver7 reached out to DPS for comment on the lawsuit, a spokesperson told us "Denver Public Schools does not comment on pending litigation."
We reached out to Denver Police for an update on the investigation into Luis' shooting, a spokesperson told us "the investigation is still ongoing. There are no updates to provide at this point."
Denver's District Attorneys Office told Denver7 they "have no updates on the case."
How has school security changed in DPS since Luis Garcia's death? Denver7's Shannon Ogden took that question to a retired DPS teacher and current district volunteer. Watch the interview in the video player below.
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