Family of man who died after removal from Star Bar in Gaslamp sues city, officers

The family of a man who died shortly after he was removed from a downtown San Diego bar and was restrained by responding San Diego police officers filed a lawsuit Wednesday against the city and the officers involved, among others.

Gabriel Jesus Garza, 40, was removed by bar security from Star Bar on Jan. 25 for what sheriff's officials described as a "disturbance" in which Garza allegedly bit a security guard.

The lawsuit filed in San Diego federal court alleges responding officers held Garza down on his stomach "until he went limp" and that since his death, the city "has refused to provide Mr. Garza's family with meaningful information and/or documentation regarding the circumstances of Mr. Garza's death — leading them to rely on bystander accounts of the events."

From photographs, you might deduce Garza brought the fun no matter where he was.

"Had fun a lot. We'd go to the Padres games. He loved life," Garza's brother, Carlos, told NBC 7 on Thursday. "Had a smile, happy, outgoing, loved work. He worked hard."

That's why Carlos, accompanied by his nieces and daughter, can't figure out why Garza ended up dead in the Gaslamp.

The lawsuit claims that, according to the bystanders, Garza appeared to be suffering from "a health or mental health crisis and needed emergency medical care." It also claims a 911 dispatcher refused to send paramedics until police officers deemed it necessary.

"I've gotten no answers. I have asked for answers and asked for help and gotten nowhere with them," Carlos said. "He could have had a mental breakdown, still answers that I don't know."

Sheriff's department officials said earlier this year that an officer arrived at around 8:15 p.m. to find Garza being held on the ground by a security guard and another person, "as he continued to struggle."

That officer handcuffed Garza, who allegedly continued physically struggling, Sheriff's Lt. Michael Krugh said. A second officer arrived, "helping to manage the situation by securing the man's legs."

Garza soon became unresponsive and was taken to a hospital, where he died.

The lawsuit alleges a county medical examiner's office pathologist concluded his manner of death was homicide due to being physically restrained by the officers.

The sheriff's office identified the officers as Noah McLemore and Jacob Phipps, each of whom had been with the SDPD for about four-and-a-half years.

The Garza family's lawsuit alleges that bar security guards originally had Garza restrained on his back, but the first arriving officer flipped Garza onto his stomach. The complaint alleges Garza "posed no danger to the officer" and when he asked why the officer was holding him down, the officer said, "I don't know, I just got here and you were on the ground."

It also faults the officers for allegedly failing to check if he was able to breathe properly or take his pulse.

The lawsuit states that holding someone down while they are prone is known to be dangerous, particularly after the death of George Floyd in Minneapolis. While SDPD banned the carotid restraint, the lawsuit alleges the department did not take steps to address the risks of holding people facedown.

"I don't wish this on anybody or anybody to have to go through this," Carlos said.

The Garza family wants justice, and to Carlos that means "transparency, accountability. All the people responsible accountable."

The city attorney's office told NBC 7 that it is unable to comment on potential litigation.