No Charges for SDPD Officers in Death of Man Restrained Outside Bar

District Attorney finds officers' actions 'reasonable' despite Medical Examiner ruling death a homicide

Published on Feb. 10, 2026

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The San Diego County District Attorney's Office has decided not to press charges against the police officers involved in the death of 40-year-old Gabriel Garza, who died after being restrained for nearly 8 minutes outside a Gaslamp District bar in January 2025. The Medical Examiner had ruled Garza's death a homicide, but the DA found the officers acted reasonably to 'prevent Garza from injuring himself, bystanders, or other officers'.

Why it matters

This case highlights the ongoing debate around police use of force, especially in cases where a person's death is ruled a homicide by the Medical Examiner but law enforcement is not held criminally liable. It raises questions about accountability and whether current policies and training adequately protect vulnerable individuals experiencing a mental health or medical crisis.

The details

According to the investigation, Garza was kicked out of the Star Bar in the Gaslamp District on January 25, 2025 after becoming incoherent and fighting with a friend. Outside the bar, Garza continued to struggle with the friend and a bystander security guard. When police arrived, they restrained Garza face-down on the ground, with an officer kneeling on his upper back for nearly 8 minutes. Garza went into cardiac arrest and died. The Medical Examiner ruled his death a homicide, citing the prone restraint as a contributing factor, but the District Attorney found the officers' actions 'reasonable' given Garza's combative behavior.

  • On January 25, 2025, Gabriel Garza was involved in an incident outside the Star Bar in San Diego's Gaslamp District.
  • In June 2025, the San Diego County Medical Examiner ruled Garza's death a homicide.
  • In December 2025, the San Diego County District Attorney's Office announced it would not press charges against the officers involved.

The players

Gabriel Garza

A 40-year-old man who died after being restrained by San Diego police officers outside a Gaslamp District bar.

Summer Stephan

The San Diego County District Attorney who decided not to press charges against the officers involved in Garza's death.

Carlos Garza

Gabriel Garza's older brother, who said his brother's death needs to lead to change.

Lauren Mellano

The lead attorney for the Garza family from the law firm McKenzie Scott, who criticized the District Attorney's decision.

San Diego Police Department

The law enforcement agency whose officers were involved in restraining and detaining Gabriel Garza.

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What they’re saying

“My brother's death needs to lead to change. They pretty much silenced my brother.”

— Carlos Garza, Gabriel Garza's older brother

“While the DA's conclusion is an injustice, it is not surprising. Police officers are very rarely prosecuted, even when they take a life. What struck me immediately was how the DA did not explain how it was reasonable for officers to continue to hold Mr. Garza down on his stomach, feet in a figure four hold, with a knee on his back once he was handcuffed.”

— Lauren Mellano, Lead attorney for the Garza family (CBS 8)

What’s next

The Garza family's attorneys say they plan to continue pursuing civil action against the San Diego Police Department over Gabriel Garza's death.

The takeaway

This case highlights the ongoing challenges in holding law enforcement accountable for in-custody deaths, even when the Medical Examiner rules the death a homicide. It underscores the need for more robust policies, training, and oversight around the use of restraint techniques, especially for individuals experiencing a mental health or medical crisis.