LEAVENWORTH, Kan. — The re-trial of a former Leavenworth, Kansas, police officer accused of killing a man is now underway.
Matthew Harrington is charged with involuntary manslaughter for the shooting death of 47-year-old Antonio Garcia Jr.
Since then, Harrington has been fired. The Leavenworth police chief said the shooting was a violation of the department’s “use of deadly force” policy.
In April, a hung jury was unable to reach a verdict in Harrington’s first trial. Monday was the first day of the re-trial. After being selected, 12 new jurors heard opening statements from the state and Harrington’s attorney.
The state called their first witness, a KBI special agent in charge, and presented a video: body camera footage of what happened that was slowed down frame by frame for the jury.
Five years ago, Harrington was sent to Garcia’s home after an argument between family members.
Police said Garcia had left the home before Harrington arrived but returned a short time later and encountered the officer.
The video shows Garcia holding a knife and Harrington trying to open the car door to talk with Garcia.
Shortly after that, Harrington can be seen backing up firing his weapon.
Harrington’s attorney tells FOX4 they’re glad the jury has been able to see the whole video.
Accusation could be heard from Garcia’s stepson that Garcia had been drinking and disrespectful to his mom.
The court was in the middle of first witness testimony when counselors and the judge decided to recess until 8:30 a.m. Tuesday. Over the next few days, the new set of jurors will hear the evidence and try to make a decision.
In 2019, Garcia’s family settled a wrongful death and civil rights lawsuit for $1 million.