Family of East High School student shot outside school files wrongful death lawsuit

DENVER (KDVR) — Luis Garcia was shot nearly two years ago in his car along a street in front of East High School in February 2023.

He died days later at a hospital. His family says the school’s lack of school resource officers is to blame.

The attorney for the family said on Wednesday that Denver Public Schools should have done more to protect students like Garcia. The shooting created frantic moments of panic at the school.

The suit stems from a shooting on Feb. 15, 2023. Jose Luis Garcia-Bobadilla, 16, was a student at East High and was sitting in his car near the school when he was shot. He was taken to a local hospital in critical condition and did not survive.

A lot of questions were raised about security at the school. The family’s attorney said because there have been no arrests in the case or answers from the district they were filing the wrongful death lawsuit. 

“It gets to a point where the Garcias have to move forward. They have to seek action. They have to seek justice,” Garcia family attorney Matthew Barringer said.

Lawsuit: DPS leaders did not maintain safe environment

In the suit, the family of Luis Garcia says Denver Public Schools and it’s leaders did not maintain a safe environment which led to the wrongful death of the 16-year-old.

There were no school resource officers at East High when the shooting happened. The Garcia’s say the SROs were needed all along.

“The Garcia’s seek not only justice for their dead son. They also seek to bring these kinds of policies to light,” Barringer said.

Two SROs were posted at the school after the shooting. 

In the suit, the family contends DPS and the school board failed to take all of the reasonable steps necessary to protect the school and its students from serious risk and harm.

The Parents Safety Advocacy Group that formed after violence at East High responded to the suit, saying, “The stakes are too great. DPS must change its policies to prioritize safety.”

Case could change policies, but trial unlikely: Expert

FOX31 Legal Analyst Christopher Decker says these types of lawsuits can lead to change in policies but they sometimes never make it to court. 

“The chances are this case will probably not go all the way to a jury that’s statistically speaking that’s very unlikely,” Decker said.

Decker said cases like these can cost school districts millions of dollars.

A spokesperson for DPS said the district does not comment on pending litigation. 

The attorney for the family said while the suit was filed today, there is still a lengthy legal process ahead. It could take months or even years for this suit to be resolved or settled.