The family of a homeless man shot and killed by police in California has been awarded $17 million in an excessive force lawsuit, according to their attorney.
Luis Garcia, 39, was gunned down by Tustin police officers while he was hiding in a bush in 2021, Fox 11 reported.
Police said they were responding to a call about a man in the shrubbery when Garcia advanced at them.
Body camera footage showed Garcia coming out and showing the officers a bag of cans for recycling and the stick he used to pick up the trash.
Officer Estella Silva ordered Garcia to come out of the bushes with his hands up, according to a report by the California Department of Justice.
When Garcia attempts to leave the bushes, another officer begins to tase him, prompting Silva to draw her gun and shoot.
Silva told investigators that she recognized Garcia from two prior arrests and was fearful he wanted to kill her.
Garcia fell to the ground and cried out in pain before succumbing to his injuries at a local hospital.
Luis Garcia's daughters (pictured in an undated photo) were awarded $17 million in an excessive force lawsuit after he was shot and killed by police
Garcia, 39, was shot and killed by Tustin police officers while he was hiding in a bush in 2021
The California Department of Justice found insufficient evidence to pursue criminal charges against Silva, and an autopsy report showed Garcia tested positive for methamphetamine.
However, Garcia's daughters filed an excessive force lawsuit in federal court in 2022.
After a six-day trial, a jury awarded the family a total of $17 million on Tuesday, their attorney Dale Galipo told the Los Angeles Times.
'This verdict means a lot to them because they feel that there's some justice for their father, some vindication that his life meant something,' Galipo said.
'To have a jury unanimously say the officer was totally wrong and your father was not at fault at all, I think it really meant a lot to them.'
The jury awarded $5 million for the loss of Garcia's life, $5 million for pain and suffering and $7 million for wrongful death.
Garcia's daughter Camila told KABC, 'I hope that this never happens to anybody else. Because at the time, I was very young when this happened.
'I was about 12, 13 when this happened, and it was a very hard time for me to go through. I wouldn't want anybody else to go through the same.'
The California Department of Justice found insufficient evidence to pursue criminal charges against Silva, but his daughters filed an excessive force lawsuit
Police said they were responding to a call about a man in the shrubbery when Garcia advanced at them
His other daughter, Emily, added, 'I'll miss his presence, most definitely, his encouraging words to always do my best. I'll miss that he was always very protective.'
After the verdict, the City of Tustin released a statement defending the actions of the police department.
'Reviews of this incident by the California Department of Justice determined that Tustin police acted in self-defense and were justified in the use of force against an armed suspect,' the city said.
'While we continue to extend condolences, we are disappointed by this verdict, in this civil suit, and will be exploring our options going forward.'
The Daily Mail contacted attorneys for Garcia's daughters, the City of Tustin and the Tustin Police Department for comment.