LEAVENWORTH, Kan. — A retrial is set for an ex-Leavenworth police officer charged in the shooting death of a man.
The jury could not come to a unanimous decision in the trial of former officer Matthew Harrington.
Harrington is charged with involuntary manslaughter for the death of 47-year-old Antonio Garcia in 2018.
A news release from Leavenworth Chief of Police Patrick Kitchens from January 2018 said Harrington responded to a report of a stolen car on July 11, 2017, at 1708 Rose Street.
After an initial review of events, it was determined to be an argument over possession of a family vehicle that resulted from a domestic dispute.
Before Harrington arrived, Garcia left the residence. Shortly afterward, he returned.
The news release said Harrington and Garcia had an encounter in the driveway of the home while Garcia was in his SUV, and at one point Harrington fired his duty weapon.
A bullet struck and killed Garcia.
Harrington was terminated after an investigation by the department found he violated the use of deadly force policy.
Leavenworth County attorney Todd Thompson said the retrial will have an entirely new jury.
He said soon after the mistrial, his office spoke with Garcia's family, reviewed the evidence, evaluated what the jury might have seen and made a decision in the best interest of the community.
He addressed concerns from the NAACP about the first jury being made up of all white people, saying neither his officer nor the defense can control that.
"It is as random as possible, and we can't control the percentage of race that might be or what the race might be of those that will be on the jury," Thompson said.
The new trial is scheduled for June 6, with the jury selection process starting at 9 a.m.
