Judge rules body camera footage from fatal police shooting in Leavenworth can be released
Days after a Leavenworth County jury declared a mistrial in the case of former officer Matthew Harrington, a judge ruled body camera footage from the fatal encounter that left a 47-year-old man dead can be publicly released.
The Leavenworth Police Department announced they planned to release a 48-second clip Friday morning. Harrington’s defense attorneys filed a motion late Thursday arguing its release would be “inappropriate” and “make it harder to empanel enough prospective jurors who have no previous knowledge of the specific facts of the case.”
The Star filed a motion to intervene saying the public has a right to view the recordings.
“It is apparent the video is subject to varying interpretations, which is precisely why members of the public should be allowed to view the recording themselves and reach their own conclusion about what the recording shows,” attorney Bernard Rhodes wrote. “That is the essence of an ordered democracy, in which an informed public can decide for themselves matters of public interest.”
A judge ruled early Friday that the body camera videos can be released.
Shortly after the ruling, Leavenworth Police Department Chief Patrick Kitchens told The Star he was checking on the video’s release.
The clip shows a portion of the fatal shooting on July 11, 2017, in which Harrington shot and killed Antonio Garcia, Jr. Harrington was fired from the police department for violating policy and indicted on involuntary manslaughter.
On Wednesday, a jury in Harrington’s trial was unable to reach a verdict.
A hearing in the criminal case has been scheduled for May 4 where a new trial date may be decided.
The fatal shooting
Harrington was called to investigate a domestic dispute involving a stolen vehicle at Garcia’s home in the 1700 block of Rose Street. Family members were reportedly having an argument at the house.
Garcia encountered Harrington after returning to the home. In the video, Harrington is seen walking up to Garcia as he is parked in the driveway in the SUV.
Prosecutors have said Garcia had a knife in his lap but did not threaten Harrington. In the audio, Harrington was heard saying “Put that knife away” as Garcia shut the door and the two men struggled.
Harrington fired several gunshots into the SUV as he backed away. Harrington called “Shots fired” into his police radio.
The shooting happened 32 seconds after Harrington first approached Garcia, according to earlier testimony.
Harrington was indicted in August 2018.
Earlier court proceedings were held to determine whether Harrington would have legal immunity under Kansas law. At the time, a Kansas Bureau of Investigation agent testified as an expert witness that Harrington should have stepped away from the situation and called for backup instead of opening fire. The agent testified that Garcia did not pose a threat to Harrington.
Garcia’s family filed a civil lawsuit against the city of Leavenworth alleging wrongful death and violation of his civil rights. It settled for $1 million in 2019.
