Family of Luis Garcia files wrongful death lawsuit against East High, Denver Public Schools

DENVER — A year and a half after someone shot and killed 16-year-old Luis Garcia outside East High School in Denver, his family filed a wrongful death lawsuit against the high school, Denver Public Schools (DPS), and the DPS school board. 

Court documents claim all of them were negligent in maintaining student safety and failed to provide enough safety measures under the Claire Davis School Safety Act after the district removed School Resource Officers (SROS).

The lawsuit also names a juvenile identified as A.A. and his mother identified as B.B. as defendants. According to the complaint, A.A. shot and killed Garcia and B.B. should’ve known her son had guns because of posts on his social media and items law enforcement found in her home. 

The family of Garcia said they know the identities of A.A. and B.B. but did not disclose their names in the complaint because of the boy’s age.

RELATED: ‘Everything changed for us’: Family of Luis Garcia still hopes for justice one year after shooting outside East High School

Denver Police has not arrested anyone in connection to Garcia’s death, and no one has faced criminal charges. 

The lawsuit was filed on behalf of Garcia’s father and mother. It claimed the high school, DPS and DPS school board failed to maintain a safe environment and “weakened security” by removing all trained and armed SROs.

RELATED: DPS board votes to bring back SROs

This decision allowed “the potential shooters to believe they would be able to execute an attack without an armed or other formal law enforcement resistance,” the lawsuit said.

Luis Garcia was a junior at East High School and a member of the school’s soccer team. According to the lawsuit, on Feb. 13, 2023, he was sitting in his car on school grounds after dropping his cousin off at the school. 

The complaint said A.A.- who is under 18 – stole a car earlier that day and picked up a girl for a “joy-ride” around Denver. A.A. was traveling eastbound on East 17th Avenue near the high school and ran a red light as he drove quickly toward Garcia, the lawsuit says 

“Witnesses saw A.A. line up the Kia on a direct path straight at Luis,” according to the lawsuit, and “opened fire on Luis while he was sitting in his Honda Accord.”

Garcia passed away on Feb. 28, 2023. 

The complaint says the school district had been aware of escalating violence and failed to take necessary steps to prevent further incidents.

The attorney for the Garcia family said they plan to host a news conference Wednesday to discuss the lawsuit.

RELATED: Teachers, students gather at capitol to call for action after East High shooting

“This lawsuit is about accountability and ensuring that no other family endures the heartbreaking loss the Garcia family has suffered,” said a spokesperson for Barringer Law Firm said in the release.

“Our goal is to shine a light on the systemic failures at East High School and DPS, so that student safety is prioritized moving forward.”

9NEWS reached out to DPS for a comment Tuesday morning, and was told, “Denver Public Schools does not comment on pending litigation.”