Updated at 1 p.m. on Tuesday, Oct. 1, 2024
The family of Luis Garcia, the 16-year-old student killed outside East High School in February 2023, is filing a lawsuit against Denver Public Schools, alleging the school district’s failure to maintain student safety and adequate security measures resulted in his death.
In addition to Denver Public Schools, the lawsuit names the board of education and an unidentified mother-and-son duo allegedly involved in Garcia’s death.
The lawsuit, filed on Tuesday, argues the Denver School Board’s decision to remove armed police officers from campuses “subverted and weakened the security and safe environment of the school.”
The suit also alleges that the decision violated Colorado’s Clare Davis School Safety Act, which was passed after a school shooting in 2013.
In 2020, amid protests over racial injustice and police brutality, the Denver School Board barred police from Denver schools. However, three years later, the school board voted to reverse that policy following two instances of gun violence at East High, including the one that resulted in Garcia’s death.
The lawsuit requests relief in the form of financial compensation for economic and non-economic damages, including grief, funeral arrangements and loss of companionship.
This isn’t the first lawsuit that Denver Public Schools faces from victims of school gun violence. Two East High administrators sued the school district earlier this year, alleging school leaders failed to initiate reasonable safety plan protocols to protect staff from harm.
DPS declined to comment on the lawsuit.
The lawsuit reveals new details surrounding Garcia’s death
Garcia’s family alleges that a teenager, who is only identified by the initials A.A., stole a car on the morning of Garcia’s death and took it on a joy ride across the city.
While driving near East High, witnesses saw A.A. run a red light and begin speeding towards Garcia, who was sitting in his car next to campus.
Witnesses said that A.A. shot at Garcia, hitting him in the head, and then sped away from the scene.
A.A. and another juvenile, who was riding in the car during the joy ride, were arrested by Denver police later that day.
A.A.’s motives and whether they were Garcia’s classmate are both unknown.
The mother of A.A., who is only identified as B.B. in the lawsuit, has also been named as a defendant by Garcia’s family. The lawsuit alleges that B.B. knew or should have known that A.A. was in possession of illegal firearms.
This is a developing story and will be updated.
