LEAVENWORTH, Kan. (AP) — The trial for a former Kansas police officer charged with shooting a man to death in 2017 has ended in a mistrial.
The mistrial was declared Wednesday after a jury in Leavenworth could reach a unanimous verdict in the trial of Matthew Harrington. Harrington was charged with involuntary manslaughter after shooting 47-year-old Antonio Garcia Jr. in July 2017 while he was sitting inside a vehicle in Leavenworth.
Prosecutrors said Garcia had a knife but didn't threaten Harrington. He was fired from the Leavenworth force after a department investigation found he had violated policies on use of deadly force. A hearing is scheduled for May 4 to determine if a second trial will be held.
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LEAVENWORTH, Kan. (AP) — A former Leavenworth police officer who fatally shot a man in a vehicle in 2017 cannot claim legal immunity, a ruling that leaves it to a jury to decide whether his actions were justified as self defense.
Leavenworth County Judge Michael Gibbens found that the force used by then officer Matthew Harrington was not statutorily justified as self defense, clearing the way for the involuntary manslaughter case to proceed.
Harrington was indicted in August 2018 for the death of Antonio Garcia Jr., who was shot multiple times while sitting in an SUV. Harrington was fired for violating policy.
The judge ruled in May that a “reasonable person” would not believe use of force was necessary or that the SUV Garcia was in could be considered a weapon.
“Dismissal at this early stage would have been an extremely rare outcome considering the State’s low burden of proof,” defense attorney Morgan Roach said in a statement. “Although we believe dismissal was warranted, we are confident that Matt will be exonerated at trial.”
Leavenworth County Attorney Todd Thompson declined to comment.
Garcia’s family settled in November a wrongful death and civil right’s lawsuit against Harrington and the city of Leavenworth for $1 million.