The incident began when Garza, reportedly experiencing a mental health crisis, was removed from the popular downtown dive bar for causing a disturbance. Security personnel contacted law enforcement after Garza allegedly bit a guard during the ejection process. When SDPD officers arrived, they found Garza already restrained on the sidewalk by a security guard and another individual.
According to the lawsuit filed by the Garza family, officers Jacob Phipps and Noah McLemore responded to the scene and proceeded to flip Garza onto his stomach, apply handcuffs, and secure his legs. The complaint claims that officers used a prone restraint method, a technique that has come under intense scrutiny since the death of George Floyd in Minneapolis in 2020. Legal counsel for the family argues that keeping Garza face-down without repositioning him into a recovery position was a reckless and unlawful use of force.
The San Diego County Medical Examiner later ruled Garza's death a homicide, citing physical restraint by officers as the cause. The lawsuit asserts that California law prohibits the continued use of prone restraints once a subject is handcuffed, due to the well-documented risks of positional asphyxia. The complaint further alleges that officers failed to provide adequate medical assistance once Garza became unresponsive.
Garza was found to be without a pulse by medics just minutes after the second officer arrived. Life-saving efforts were unsuccessful, and he was later pronounced dead at a local hospital.
In addition to monetary damages, the Garza family is calling for the public release of body camera footage from the incident. Their legal team has filed a California Public Records Act request, but city officials have so far declined to release the materials, citing the ongoing investigation. The San Diego County Sheriff's Department is leading the inquiry, as is standard protocol in officer-involved deaths.
The officers involved remain on duty as the investigation continues, and the San Diego Police Department has confirmed it is also conducting an internal administrative review. The City Attorney’s Office has not issued a response to the pending litigation.
The lawsuit has reignited community concerns over police use-of-force practices, particularly in cases involving individuals undergoing mental health episodes. Advocates and family members say they hope the legal action will prompt policy reforms to prevent future tragedies.
Garza’s death, now officially deemed a homicide, adds to a growing list of in-custody fatalities that have drawn scrutiny toward law enforcement procedures across California.
Originally published on May 29, 2025.
