CLEVELAND (WJW) – Desmond Franklin‘s family is filing a civil rights lawsuit after a grand jury decided not to bring charges against an off-duty Cleveland police officer who shot and killed him last year.
Officer Jose Garcia was in civilian clothes on April 2020 when he stopped at a convenience store. He noticed Franklin and a teenaged passenger acting, in his own words, “suspicious” and they had a verbal confrontation.
Garcia left and minutes later ended up next to Franklin at an intersection.
Police reports claim Franklin pulled out a gun and Garcia shot him.
Franklin’s family claims he never pulled a gun and Garcia shot him without reason.
The grand jury determined that Officer Garcia acted in self defense.
Franklin’s family maintains it was not justified.