CLEVELAND (WJW) — The Cleveland police officer involved in the shooting of Desmond Franklin will not face disciplinary action, officials say.
According to the Mayor’s Office, Cleveland Police Chief Calvin Williams announced Thursday that no administrative charges will be filed against Cleveland Police Patrol Officer Jose Garcia.
Garcia was involved in the off-duty shooting of Desmond Franklin on April 9, 2020. A grand jury decided not to indict him.
Now, after a thorough investigation surrounding the incident, the Cleveland Division of Police Internal Affairs Unit has found he did not violate any departmental policies, rules or regulations.
Officials say Garcia will keep his job and no disciplinary action will be taken.
Garcia, 29, was hired by the Cleveland Division of Police in 2015 and is currently assigned to the Second District.
According to officials, Franklin, 22, was shot and killed last April by Garcia. Ohio Attorney General Dave Yost previously said the interaction between Franklin and Garcia was brief.
While on his way to work, the off-duty officer reportedly stopped at a convenience store and encountered two males possibly involved in criminal activity. Yost says that after a short verbal exchange, Garcia continued on his way. He “did not act as a police officer” or “take any action to enforce the law.”
Franklin pursued Garcia and eventually pointed a gun at him, prompting the off-duty officer to fire. According to authorities, Franklin then crashed the suspect vehicle into a fence. He was taken to the hospital where police say he was later pronounced dead.
Yost explained that Garcia reacted in “self-defense.”