“Juan was clearly confused about what the sergeant wanted from him, given the sergeant’s complete failure to communicate with him. Then the Sergeant unloaded six bullets at Juan in rapid succession, without any warning,” said Sherwin, who accused Ackman of panicking.
Napa County, sheriff’s deputy named in wrongful death civil rights lawsuit | Crime and Courts
Napa County and the Sheriff’s Office did not immediately respond to a request for comment Tuesday.
On Oct. 5, Ackman stopped Garcia’s vehicle after seeing its headlights were off, Sheriff John Robertson said following the shooting. A minute-long body camera video later released by the Sheriff’s Office shows Garcia pulling off to the roadside, opening the driver-side door and then throwing his cellphone over the car’s roof, still seated, as Ackman points his gun at the vehicle.
Garcia can be seen emerging from his vehicle with Ackman’s gun still trained on him, then ambling toward Ackman before slowly placing both of his hands behind his back.
Ackman holsters his gun and can be heard telling Garcia to turn around, believing Garcia meant for Ackman to handcuff him, Robertson said during an October news conference. But Garcia does not heed Ackman’s calls to do so and again starts to walk toward Ackman, leaving only one of his hands behind his back.
Then Ackman redraws his gun and once more points his flashlight toward Garcia, who can be seen taking a step backward and then hesitating for a moment. Garcia then begins walking once more — the footage does not make clear in which direction — and Ackman circles his police vehicle, backing away from Garcia and walking toward the front of his car.