San Antonio Woman Sues School District After Being Shot by Police Outside Athletic Complex

San Antonio Woman Files Lawsuit After Being Shot Outside Athletic Complex

San Antonio – In a troubling turn of events, a local woman has filed a lawsuit against the Northside Independent School District (NISD) following a shooting incident outside the Dub Farris Athletic Complex. The lawsuit, submitted on Friday, alleges that the district and two of its officers used unreasonable force during the encounter that left her injured.

The Incident

The incident occurred on October 28, 2023, just before a highly anticipated high school football game between O’Connor High School and Sotomayor High School, happening around 1:30 p.m. The woman at the center of this legal battle, Markay Garcia, was trying to park her vehicle when NISD Officers Kyle Kennedy and Joseph Garcia confronted her.

According to reports, Ms. Garcia was in a bit of a bind. She had just arrived to support her husband, an assistant coach on the Sotomayor team, and as she approached the athletic complex, she stopped her vehicle behind other cars in front of a crosswalk. The situation escalated quickly when Officer Kennedy stepped in front of her vehicle, prompting her to stop.

What Happened Next?

Things took a serious turn when Officer Garcia approached her passenger side and urged her to “calm down.” However, details from the lawsuit suggest that Ms. Garcia did not perceive any valid reason for the officers to stop her in the first place. Feeling confused and frustrated, she slowly moved her vehicle forward. In an attempt to maneuver around Officer Kennedy, she discovered he had moved to block her path once more.

Then, in a scene that many would likely find alarming, Officer Garcia shouted at her to get out of the vehicle. Ms. Garcia, feeling cornered, responded that she simply wanted to watch her husband’s football game. In what can only be described as a chaotic moment, Officer Kennedy was reported to have aggressively thrown his water bottle to the ground and reached for his service weapon.

Shots Fired

The intensity peaked when Officer Kennedy fired a shot through Ms. Garcia’s driver-side window. This shocking act resulted in her sustaining a serious injury as the bullet pierced her arm, shattering her humerus and damaging her triceps—injuries that will lead to permanent nerve damage. Thankfully, Ms. Garcia was swiftly taken to a local hospital for treatment, with her injuries deemed non-life-threatening.

Allegations in the Lawsuit

The lawsuit puts forth a strong assertion that the officers’ actions violated Ms. Garcia’s rights under the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. Moreover, it claims that there were already red flags regarding Officer Kennedy’s behavior from his previous employment with the Live Oak Police Department that should have precluded his hiring.

It also highlights a critical point: the lawsuit alleges that Officer Garcia could have intervened to prevent the unnecessary use of deadly force but chose not to. By failing to take action, this officer may have contributed to the escalation of the situation.

The Response from NISD

In light of the evolving legal matter, Northside ISD has opted not to comment publicly at this stage. Barry Perez, the district’s assistant superintendent of communications, acknowledged this ongoing situation but avoided giving any specifics.

Seeking Justice

As the lawsuit progresses, Ms. Garcia is not just looking for compensation for her injuries and the deep emotional scars left behind. She is also demanding a jury trial, underscoring the weight of the matter at hand and seeking accountability for what transpired that day.

As San Antonio reflects on this disturbing incident, it reignites conversations surrounding police conduct and the use of force. It’s a reminder that even in what is intended to be a fun community event like a football game, unexpected and serious situations can arise, affecting lives in profound ways.