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Leavenworth officer fired for 2017 deadly shooting

Posted at 8:53 AM, Jan 29, 2018
and last updated 2018-01-29 23:16:26-05

LEAVENWORTH, Kan. — The Leavenworth Police Department has fired an officer after an investigation into a 2017 deadly shooting

A news release from Leavenworth Police Chief Patrick Kitchens said, Officer Matthew 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, the man involved in the dispute, Antonio Garcia, left the residence. Shortly afterward, Garcia 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. 

The Leavenworth Police Department investigated to determine if Harrington was in compliance with the department policy that governs the use of deadly force. According to the news release, the investigation concluded on Jan. 19, 2018. 

Kitchens said he reviewed the investigation and concluded Harrington violated that policy. 

On Friday, Jan. 26, 2018, Harrington was terminated from the Leavenworth Police Department. 

McCauley & Roach, LLC, the law firm representing Harrington, released the following statement: 

"While this incident is a tragedy for all involved, Officer Harrington's actions were consistent with his Department's use of force policies and procedures. He took reasonable and necessary action to protect himself from imminent danger. Officer Harrington disagrees with the decision to discharge his employment, but is confident his name will be eventually cleared."

The Leavenworth County District Attorney's Office said they're reviewing this case. The criminal investigation is independent of the Leavenworth Police Department's investigation. 

Garcia's aunt, Tracy Ludeman, has organized several protests since the July 2017 shooting. For her, news of the firing was, "Bittersweet. I think it's a really good step forward. I think they need to follow that up with criminal charges."

Ludeman is upset that, "The man's been getting paid. He's been living his life. Anyone else would've been in jail."

Both her son and daughter are in law enforcement, and Ludeman believes they should be held to a higher standard. 

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