SAN ANTONIO — A grand jury has indicted a Bexar County Sheriff’s deputy for manslaughter in the shooting death of an Elmendorf man two years ago.
The indictment, which was handed down Monday, alleges Deputy Brandin Moran “recklessly caused the death” of Jesus Benito Garcia on the afternoon of March 9, 2020.
“As we’ve seen all over the country over the past few years, this is a pretty rare situation and I think it speaks to the nature of this case, it speaks to the strength of our civil lawsuit, it speaks to how unreasonable and unjustified this use of force was.”
What began as a domestic disturbance call escalated into multiple shots fired and a family left with the pain of their lost loved one. Officers received reports from a neighbor that a man was dragging a woman into a house along the 1700 block of Blue Horizon in Elmendorf.
“This was a situation that warranted a mental health response, and instead it was met with deadly force,” said Matthew Garcia, an attorney with Texas RioGrande Legal Aid representing Jesus Garcia’s family in their civil case.
The Bexar County Sheriff’s Office initially reported Jesus Garcia’s threatening manner of holding a screwdriver prompted the deputy to pull the trigger. Matthew Garcia noted the Elmendorf Police officer who first arrived at the victim’s home made attempts to de-escalate the situation by switching out his gun for a taser.
“Mr. Garcia was holding a screwdriver. He had that to his own neck in a gesture of self-harm, so he never threatened his wife, he never threatened any of the officers,” Matthew Garcia said.
The wrongful death lawsuit filed earlier this month targets Moran and deems BCSO's use-of-force policy unconstitutional. A spokesman noted the agency is aware of the indictment and will place Moran on administrative leave pending arrest.
The Bexar County District Attorney’s office released a statement in regard to the indictment filed after two years of investigation.
“As we have been doing since 2019, all officer-involved shootings are presented to a Grand Jury for review," District Attorney Joe Gonzales is quoted as saying. "An indictment is not a finding of guilt. It is part of the criminal justice system in which anyone accused of a crime is presumed innocent until proven guilty beyond a reasonable doubt by either a judge or a jury.
"Our office will continue to evaluate this case as we move forward and prepare it for court. We will seek whatever outcome justice requires."