Family Files Claim In Napa County Officer-Involved Shooting Death

NAPA COUNTY, CA — The Napa County Sheriff's Department was expected to be served this week with a civil rights claim by the surviving family members of a Napa man who died in October from gunshot wounds suffered in an officer-involved shooting.

Oakland-based civil rights law firm Haddad & Sherwin LLP announced Tuesday it filed a Government Code claim against Napa County, Napa County Sheriff John Robertson, Napa County Sheriff’s Sgt. David Ackman, and others, in connection with the Oct. 5 shooting death of 47-year-old Juan Adrian Garcia.

The father of three was "unarmed" and "non-threatening" when he was fatally shot by Napa County sheriff's Sgt. David Ackman during a traffic stop at 10:11 a.m. Oct. 5, according to Michael Haddad, one of the attorneys representing the Garcia family.

Garcia was treated at the scene and hospitalized in critical condition at Queen of the Valley Hospital in Napa until his death at 8:55 p.m. the following day, Oct. 6, according to a statement issued in October by sheriff's office Spokesman Henry Wofford.

According to the sheriff's office, Garcia was stopped near the intersection of Kaiser Road and state Highway 221 because he was driving without his headlights on. Garcia immediately got out of his car without being asked to and threw a cellphone, then began walking directly toward Ackman, sheriff's officials said.

"[Ackman] retreated while repeatedly asking the subject to stop and show his hands, but Garcia refused to comply," sheriff's office Spokesman Henry Wofford said in October.

Garcia kept his right hand tucked behind his back for nearly a minute as he advanced aggressively toward Ackman, the sheriff's office said.

Footage from Ackman's body-worn camera was released by the sheriff's office in October and shows Garcia, with his hand behind his back, walked around Ackman's patrol car, from the front left to the back right, as Ackman walked backward. As Garcia got within close range, Ackman fired his weapon.

When Garcia got within close range, Ackman fired his weapon six times, hitting Garcia five times in the torso and once in the leg, the sheriff's office said.

Although Garcia kept his hand behind his back, it was later determined Garcia was not holding anything, Wofford said.

Haddad, who is representing Garcia's family members, including Eva Lopez Hernandez, the longtime life partner of Juan Garcia and the mother of his children, said: "This unprovoked murder of an unarmed, non-threatening Mr. Garcia, followed by their lack of transparency, is a terrible violation of Mr. Garcia and his family’s constitutional rights."

Haddad described Garcia as a hardworking, loving and devoted family man and father who lived in Napa County for more than 25 years, most recently in the city of Napa with his partner/wife Eva Lopez and other family members.

"Within 38 seconds of Mr. Garcia exiting his vehicle, Sergeant Ackman shot Mr. Garcia six times, killing Mr. Garcia even though he was unarmed and non-threatening," Haddad said.

According to Haddad, excerpts of body-cam published Oct. 14 revealed Ackman got out of his patrol car with his gun drawn and immediately pointed it at Garcia, which the attorney said was a "very high level of force to use against a non-threatening man suspected of a simple vehicle infraction."

"Mr. Garcia exited his vehicle with his hands empty, which Sergeant Ackman could clearly see since Mr. Garcia and his vehicle were well illuminated by the headlights of Sergeant Ackman’s patrol vehicle," Haddad said.

The attorney contends Ackman's choice to use deadly force against Garcia was "in violation of his duties to ensure that any use of deadly force was both necessary and in response to an immediate threat of death or serious injury."

Haddad contends Ackman also failed to give Garcia "a legally required warning before virtually ensuring his death by deadly force and failed to evaluate the need for every single shot before firing, appearing to fire six unnecessary shots in a panic."

Ackman had other choices, Haddad said. The sergeant could have used his vehicle for cover if he felt threatened, could have ordered Garcia to the ground and to show his hands and could have used any less-lethal alternatives, the attorney said.

"All in all, this tragic use of deadly force was completely unjustified," Haddad said.

The attorney said that on the day after Ackman shot Garcia, several Napa County employees and agents interrogated Eva Lopez and Garcia’s mother, revealing after the interrogations that Garcia was in the hospital and was being detained there but not revealing any details about the shooting or Garcia's injuries.

According to Haddad, when Lopez went to the hospital a doctor informed her Garcia was shot multiple times and was unresponsive when he got to the hospital. Garcia underwent surgeries but was declared brain dead and a doctor advised Lopez that life support should be removed as the hospital had done everything possible to save Garcia, Haddad said.

The attorney said Garcia’s body was guarded by officers at the hospital and Lopez and other family members were not allowed to take final pictures of him before he was pronounced dead.

According to Haddad: "Sergeant Ackman used excessive and unjustified force against the unarmed and non-threatening Mr. Garcia. Sheriff Robertson failed to train, monitor and supervise Sergeant Ackman, allowing him to use excessive and unconstitutional force. Sheriff Robertson rejected the family’s requests for information concerning the incident, such as the dash-cam and surveillance video, claiming it was not relevant. Sheriff Robertson also instructed others to refuse to provide information to the Lopez family, stated his intention to delay the investigation until after the Lopez family’s Government Code tort claim is due, and perpetuated the Code of Silence in law enforcement."

As news of the legal action broke Tuesday, Napa County Sheriff's Department Spokesman Henry Wofford declined to comment on the legal action and said the sheriff had not yet seen a letter nor any documents pertaining to the lawsuit.

On Wednesday, Napa County Spokeswoman Janet Upton said the although the county had yet to be served with the legal claim, it does typically does not comment on pending litigation.

In a news conference held in October to release body-worn camera footage from the shooting, Sheriff Roberston said: "Sadly, there are questions about this case that may never be answered."

What is known, the sheriff's office said in October, is that Garcia's blood-alcohol level was more than three times the legal limit that night and he had been arrested on "multiple" other occasions for driving under the influence.

Robertson said it had been determined that Garcia understood and spoke English and was able to understand Ackman's commands.

Asked in October whether, in an era where police brutality and racism are in the spotlight, he had felt any particular obligation to be especially transparent in explaining to the community what took place with Garcia's shooting, Robertson said, "We did what we always do. We're a very transparent organization. We conduct our investigations and gather facts."

Robertson added, "It's important for people to understand that this investigation is going to take months, it's not hours, it's not a couple of days. This is a tragic investigation for everyone involved. And out of respect for the family and out of respect for law enforcement, everyone is owed a thorough investigation."

The fatal shooting of Garcia remained investigation this month.

On Dec. 31, the Napa County District Attorney's Office released the results of its investigation of another fatal shooting involving the Napa County Sheriff's Office. The DA's Office released a 13-page report about the fatal shooting April 24, 2020, of Brandan Nylander near the Napa County Airport, and said no criminal actions were taken by the deputy or any other law enforcement in connection with the shooting.