KANSAS CITY, Mo. — Leavenworth Police Department Chief Pat Kitchens released a clip of body camera footage Friday from a 2017 deadly officer-involved shooting that left 47-year-old Antonio Garcia Jr. dead and former officer Matthew Harrington charged with involuntary manslaughter.
“I have concluded that it is in the public interest to release the officer-involved shooting videos from former Officer Mathew Harrington and Antonio Garcia, Jr. It will be available at 1 p.m. [Friday]," Kitchens said.
The department published the video on the city of Leavenworth's YouTube page.
WATCH THE VIDEO (This video may be disturbing for viewers. Viewer discretion is advised.)
Footage shows Harrington approaching an SUV with Garcia inside. As Harrington attempts to open the vehicle door, Garcia is seen attempting to close the door.
Harrington is then captured telling Garcia to put a knife down before the SUV begins to drive forward.
Soon after, video shows Harrington standing to the side of the vehicle, raising his firearm and shooting at Garcia's vehicle. A bullet struck and killed Garcia.
Leavenworth County Attorney Todd Thompson charged Harrington with involuntary manslaughter. In 2018, the officer was fired from the Leavenworth Police Department with the police chief saying "his use of lethal force was not reasonable."
Harrington's lawyers alleged in 2018 the use of force was "only in response to a clear and immediate threat to his life."
On Wednesday, a jury was unable to reach a verdict and declared a mistrial in the trial of Harrington.
“As a prosecutor, if we’re going to take a case to trial, we believe we can prove it, but we know in the end it is up to a jury to decide," Thompson said.
Thompson does not believe Harrington's job influenced the jury.
"This is a case about a person, not about law enforcement, and I would always hope that our public remembers that when we prosecute cases, they’re about the individual that’s charged with a crime and not what their profession or their trade happens to be,” he said.
But he did address concerns about the racial makeup of the jury, which was all white.
“District court picks people randomly by ID cards or driver's license. They call them, and we don’t ask what their race is, they’re just called," Thompson said.
A decision hasn't been made by Thompson's office about a possible retrial of Harrington.
Garcia's family released a statement through their attorney Ken Barnes following the release of the body cam footage.
"Mrs. Garcia appreciates that the body cam video from the night her husband was needlessly killed is finally being made public. However, she remains deeply troubled by the lack of transparency exhibited by the police and prosecutors throughout this ordeal," the statement said. "As the public can now see, It is difficult to imagine how anyone could that conclude officer Harrington’s actions were reasonable and she remains committed to seeking justice for Antonio. She asks for understanding as she and her family continue to try and heal from this tragic loss."
The NAACP also released a statement after the footage was released.
"While we are gravely disappointed that a jury, yet again, was unable to reach a unanimous decision, it is essential to remember that a mistrial is not an acquittal. We echo the request of Mr. Garcia’s family that the Leavenworth County Prosecutor retry this case again," the statement said. "Our thoughts and prayers are with Mr. Garcia’s family. Their loss is not one that anyone should be forced to endure. This unfortunate event reinforces the work still left to do in our communities, and we will never stop fighting for policing reform."
A status hearing has been set for May 4, 2022, at 3:30 p.m.
Editor's note: KSHB 41 is obtaining the full video and will update the story once it is available.
