Two police officers who restrained a local man before he died outside a popular downtown bar last January have been cleared by the San Diego District Attorney. District Attorney Summer Stephan in a December review found that San Diego Police Department officers Jacob Phipps and Noah McLemore used “the minimal amount of force necessary” in their restraint of Gabriel Garza who died in their custody on January 25, 2025.
The report found that Garza, 40, a caterer from San Diego had behaved “erratically” and that the officers acted to “prevent Garza from injuring himself, bystanders, or other officers” in their use of handcuffs and a prone restraint on the unarmed man.
A graphic video of Garza’s arrest and restraint was widely shared on social media and viewed on local newscasts.
The clip shows officers cuffing Garza and kneeling on his back for nearly eight minutes while Garza eventually becomes motionless.
Garza’s family in May brought a civil suit against the San Diego Police Department and the two officers who restrained him, alleging the use of excessive force that resulted in Garza’s death.
The city’s medical examiner in June ruled Garza’s death a homicide.
The DA’s review found that Garza had been drinking and fighting inside the Star Bar before he was escorted outside the bar, where he then bit the bar’s security guard. The guard and Garza’s friend then held Garza on the ground for 26 minutes before police arrived, according to the DA’s report.
The review said Garza was “speaking incoherently and displaying erratic behavior” when the two officers arrived and took over the man’s restraint. Video shows the officers holding him on the ground for nearly eight minutes.
During that time, Garza’s heart stropped. The cops and medics attempted to save his life with chest compressions and CPR, but he was pronounced dead at Scripps Mercy Hospital.
Garza was subsequently found by law enforcement to have cocaine in his possession at the time of his death. Toxicological testing found he had alcohol and cocaine in his system when he died.
A spokesperson for the San Diego Police Department and the two officers declined to comment.
Attorney Lauren Mellano, who is representing the Garza family in their civil suit said the family was unsurprised by the DA’s decision not to bring charges against the officers.
“The Garza are understandably disappointed, but I can’t say that the Garza were very surprised either,” Mellano said. “It’s not common for prosecutors to choose to prosecute police officers, so I think they were prepared.”
The Garza family’s civil suit against the San Diego PD and the two officers seeks unspecified damages.
The suit is still active, Mellano said.
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