Family attorney will appeal after judge says Denver schools not liable for shooting death of student

A Denver District Court Judge has ruled that Denver Public Schools cannot be held liable for the death of an East High School student.

Luis Garcia was shot and killed in 2023 while in his car on City Park Esplanade, just outside of the school. Last year, his family sued the district under the Claire Davis School Safety Act, saying the district "failed to take all of the reasonable steps necessary to protect the school and its students from serious risk."

On July 18th, the judge overseeing the case dismissed the lawsuit because of where it happened, saying in one portion of the order, "the Court is not persuaded that these roads are "within the school facilities of East's property."

"That's really what it boiled down to: does the act extend to that area of Esplanade?" the family's attorney Matthew Barringer said.

In a statement, a spokesperson for the school district says, "The court ruled the 2023 shooting, though tragic, did not occur on Denver Public Schools property, releasing the district of any responsibility. DPS is satisfied with the judge's ruling." The district also said it "extends its deepest sympathies to the Garcia-Bobadilla family, and all affected by Luis's loss."

Barringer disagrees with the court's decision and has already filed notice of an appeal.

He says this is yet another blow to the family, who for more than two years has been waiting for an arrest.

 "He was an innocent victim, going to his cousin's birthday party," Barringer said. "Why hasn't the Garcia family gotten any justice?"

While no one is identified by name, their lawsuit does include information about a suspect, which Barringer says comes from a Denver police report. A juvenile who was arrested the same day of the shooting, driving a stolen car, that witnesses reported seeing at the intersection at the same time as Garcia.

"Relying on an affidavit that the Denver police department, the detective, had done, who did a fantastic job, who did a thorough job, who presented it to the DA's office, then Beth McCann, they haven't charged it," said Barringer.

CBS Colorado asked the Denver District Attorney about those concerns. In a statement, a spokesperson for the office said in part, "We remain optimistic that the person or people responsible will be held accountable. Our investigation of the case remains open and active."    

Denver police say the case is still open and ask anyone with information to call Metro Denver Crime Stoppers.