San Diego Police restrained Gabriel Garza outside of the Star Bar after Garza was kicked out. The Medical Examiner classified Garza’s death as a homicide.

SAN DIEGO — San Diego County District Attorney has found the San Diego Police Officers who held 40-year-old Gabriel Garza in a prone restraint for nearly 8 minutes before his death acted reasonably.

In a December 2025 review, District Attorney Summer Stephan’s Office stated Mr. Garza, who had been kicked out of the Star Bar on January 25, 2025, had acted “erratically” and that officers needed to “prevent Garza from injuring himself, bystanders, or other officers” for the 8 minutes he was in a prone restraint.

The District Attorney’s decision not to press charges against the officers came despite the San Diego County Medical Examiner’s ruling that Mr. Garza’s death was a homicide. 


Star Bar – January 25, 2025

According to the District Attorney’s investigation, Mr. Garza arrived at the Star Bar in the Gaslamp around 4:30 p.m. He ordered a beer from the bartender. The witness stated that Garza left the bar for about 20 minutes before returning for more drinks. 

At 7:45 p.m., Mr. Garza became incoherent and began fighting with his friend, who was at the bar with him. He began shifting barstools around. A bar worker told Mr. Garza and his friend to leave. 

Outside of the bar, Mr. Garza begins to fight with his friend. A bystander who was working security at a nearby establishment came to help subdue Mr. Garza.

Surveillance footage from outside the bar shows Mr. Garza inebriated; he falls to the ground while struggling to free himself from the grip of the bystander and his friend. 

The two men hold Mr. Garza down for 25 minutes before the police arrive. 

When San Diego Police officers arrived at the Star Bar, Mr. Garza was lying on his back, with the security guard restraining him. The responding officer then flipped Garza over onto his stomach, handcuffed him, and placed his knee on his upper back for nearly eight minutes. In the video, officers are seen talking with bystanders.

By the time firefighters arrived, Garza had no pulse. 

Warning: the following video contains graphic material that may not be suitable for some audiences. Viewer discretion is advised.

In June 2025, the San Diego County Medical Examiner released its findings that Garza died from cardiopulmonary arrest, meaning a sudden stop of heart function and breathing, during physical restraint. The Medical Examiner found Garza suffered from hypertension and had cocaine and ethanol in his system at the time of his death, and was considered obese, all of which factored into his death. Ultimately, the Medical Examiner ruled Mr. Garza’s death a homicide.

“The decedent was physically restrained in a prone position prior to going unresponsive. This is not necessarily lethal by itself. However, physical restraint can affect the body, including physiologic stress from being unable to move and from fighting the restraint. Restraint in the prone position is not ideal for extended periods of time, as breathing becomes difficult,” reads the report. 

For the Garza family, Gabriel’s older brother Carlos says it all about accountability.

“My brother’s death needs to lead to change,” said Carlos Garza. “They pretty much silenced my brother.”

The District Attorney, however, said the two officers acted responsibly and attempted to de-escalate the situation.

“When officers arrived, Garza appeared to be under the influence of a narcotic,” reads the DA’s findings. “The officers also learned that Garza had bitten someone. Although Garza had been physically restrained by three civilians for 26 minutes prior to the officers’ arrival, Garza continued to be physically combative, making incoherent statements, and trying to get up.”

Attorney Lauren Mellano, the family’s lead attorney from McKenzie Scott, tells CBS 8 that the DA’s decision was expected. 

“While the DA’s conclusion is an injustice, it is not surprising,” said Ms. Mellano. “Police officers are very rarely prosecuted, even when they take a life. What struck me immediately was how the DA did not explain how it was reasonable for officers to continue to hold Mr. Garza down on his stomach, feet in a figure four hold, with a knee on his back once he was handcuffed.” 

Mellano says law enforcement is aware that prone restraint, especially in those who are intoxicated, is dangerous.

“There is no acknowledgment by the DA of how dangerous it was for officers to restrain Mr. Garza the way they did,” said Ms. Mellano. “The videos speak for themselves. Mr. Garza was not a threat, he was having a medical or mental health crisis, had been safely restrained by bystanders, and the lethal force officers used against him was unjustified.” 

The family’s federal lawsuit will continue to move through the court.Â