Fatal Tustin Police Shooting Leads to $17 Million Award

The daughters of a homeless man who was fatally shot by Tustin Police Department officers were awarded $17 million by a federal jury.

The April 21 verdict in Emily Garcia, et al. v. Officer Estela Silva and City of Tustin followed a five-year legal battle and marks the fourth jury trial victory in 2026 for attorney Dale Galipo of The Law Offices of Dale K. Galipo in officer-involved shooting lawsuits.

Download the official jury verdict.

“It surprised me that the city of Tustin offered no money to settle it…that they actually thought they were gonna win,” Galipo said. “They just thought this was a justified shooting and they thought the officer did nothing wrong.”

Galipo sued in the Central District of California alleging wrongful death and survival claims.

According to trial evidence, including body-worn camera footage, law enforcement encountered the victim, Luis Garcia, sleeping in the bushes on Aug. 9, 2021.

When Garcia emerged holding a pole he often used to collect recyclables, officer Estela Silva first used a taser and seconds later fired her weapon twice, which killed him.

“She’s been promoted to detective now,” Galipo said. The Tustin Police Department did not respond to requests for comment by the time of publication.

Other than Garcia holding the pole in a raised position, Galipo’s legal obstacles included Garcia’s criminal history and use of illegal drugs. Methamphetamine was found in Garcia’s remains, according to a toxicology report.

Employing transparency to navigate around the negative evidence, Galipo talked about it during jury selection and in his opening statement.

“I was able to neutralize all of the negative evidence and focus the jury on the issue of ‘was the use of deathly force reasonable or not… was it necessary to kill him and was this immediately life threatening?’,” Galipo told OrangeCountyLawyers.com.

Unanimous Jury Verdict

The jury’s unanimous verdict consisted of $7 million in wrongful death damages to the daughters for the loss of their father, $5 million for Garcia’s pre-death pain and suffering and $5 million in survival damages for the loss of Garcia’s life.

There were times, though, when Galipo worried about losing the case.

“I would’ve felt horrible because I felt it was such an egregious shooting,” he said. “I was very happy with the amount of the verdict for the daughters who really loved their father. They would literally go out and find him at the park, on the streets or in the bushes several times a month.” Garcia’s daughters were 12 and 18 at the time.

Initially, qualified immunity was granted to officer Silva, which was overturned by the Court of Appeals.

“I didn’t know the journey was going to be that difficult,” Galipo said. “I also was concerned that jurors might focus on Garcia being a homeless guy.”

Counsel for the city of Tustin is expected to file post-trial motions and has 28 days from the entry of judgment to file an appeal. But Galipo remains confident that the verdict will withstand their legal challenge.

“Just because someone has a weapon or is intoxicated doesn’t mean you kill them,” he added.