Mom fights for justice after DOJ ends Phoenix PD probe

PHOENIX — While city leaders largely support the DOJ’s decision to close its investigation into the Phoenix Police Department and retract its previous findings of constitutional violations, some members of the community are disappointed and are still pushing for change in the police department.

A Valley mom whose son was shot and killed in a police shooting says she isn’t giving up hope.

While the DOJ’s decision didn’t come as a surprise, it’s deeply concerning for people like Denise Garcia, who is still fighting for justice.

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“…disheartened. I am disappointed,” she said. “I feel like they get to pick and choose who matters…”

Garcia’s son 28-year-old James Garcia lost his life during a deadly altercation with Phoenix Police on the 4th of July in 2020. His death garnered national attention and spurred local protests demanding answers.

The family filed a $10 million claim against the city for illegal seizure and the use of deadly force, saying police violated his 4th and 14th Amendment rights. That case remains ongoing.

Following his death, police said Garcia failed to follow commands when asked to exit his car, then pulled out a gun and pointed it toward officers.

Now nearly five years after her son’s death, Garcia spoke with 12News, reacting to the DOJ’s decision.

“I feel betrayed by Phoenix PD, because they hide behind qualified immunity,” she said.

Garcia’s attorney Benjamin Taylor, who represents others impacted by the decision, says this is a slap in the face to the City of Phoenix and the community.

“…people who are listed in the DOJ report, people of color, people who have disabilities, the homeless community,” said Taylor.

Taylor says the Department of Justice report includes many specific cases.

“Now that this consent decree or lawsuit doesn’t move forward, that means the city of Phoenix Police Department might continue to harm these vulnerable communities,” Taylor said.

Garcia says this may be a setback, but it isn’t the end. She plans to write a letter to President Trump.

“I’m going to hope that he can see us,” she said.

Taylor says the report is still there, so he’s hoping city leaders, the city manager, and city council will continue to move forward with change, regardless of what the federal administration decides to do.

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