No Charges for San Diego Police in In-Custody Death of Man Removed from Gaslamp Bar

The district attorney's office determined the arresting officers were not criminally liable, but the family has filed a civil rights lawsuit.

Published on Feb. 12, 2026

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The San Diego County District Attorney's Office has determined that the two police officers involved in the in-custody death of Gabriel Garza will not face criminal charges. Garza died after being restrained by the officers outside a Gaslamp District bar in San Diego. While the medical examiner ruled Garza's death a homicide, the DA's investigation concluded the officers used the minimal amount of force necessary and that Garza's death was due to a combination of alcohol, cocaine, and pre-existing cardiovascular disease.

Why it matters

This case highlights the ongoing debate around police use of force and accountability, especially in incidents that result in a person's death while in police custody. The family has filed a civil rights lawsuit, arguing the officers used excessive force, despite the DA's decision not to pursue criminal charges.

The details

Security camera footage captured the incident outside the Star Bar in San Diego's Gaslamp District. Witnesses say Garza was acting strangely and speaking incoherently, and even bit one of the bar patrons who had subdued him before police arrived. Officers Jacob Phipps and Noah McClemore then restrained Garza, with Phipps placing his knee on Garza and McClemore controlling his feet and legs. Garza asked Phipps why he was being restrained, to which Phipps replied, 'I don't know, I just showed up and you were on the ground.' Minutes later, Garza was unresponsive and later died at the hospital.

  • The incident occurred outside the Star Bar in San Diego's Gaslamp District.
  • In late January 2026, the San Diego County District Attorney's Special Operations Division determined the officers bore no criminal liability.

The players

Gabriel Garza

The man who died after being restrained by San Diego police officers outside a Gaslamp District bar.

Carlos Garza

Gabriel Garza's brother, who is highly critical of the district attorney's decision not to charge the officers and is pursuing a civil rights lawsuit.

Officer Jacob Phipps

One of the San Diego police officers involved in restraining Gabriel Garza.

Officer Noah McClemore

The other San Diego police officer involved in restraining Gabriel Garza.

Lauren Mellano

The attorney representing the Garza family in their civil rights lawsuit against the officers.

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What they’re saying

“Horrible, disgusting, no accountability.”

— Carlos Garza, Gabriel Garza's brother (nbcsandiego.com)

“The medical examiner ruled it a homicide. How is there a homicide with no one to blame?”

— Carlos Garza, Gabriel Garza's brother (nbcsandiego.com)

“The video speaks for itself. I don't think this will have any impact on the civil case.”

— Lauren Mellano, Attorney representing the Garza family (nbcsandiego.com)

“If someone is holding someone underwater, you would expect that person to be fighting for their life.”

— Lauren Mellano, Attorney representing the Garza family (nbcsandiego.com)

What’s next

The civil case filed by the Garza family continues to move forward in federal court, and the family's attorney says they could get a trial date before the end of the year.

The takeaway

This case highlights the ongoing challenges around police accountability and use of force, especially in incidents that result in a person's death while in custody. The district attorney's decision not to file criminal charges against the officers has only intensified the Garza family's pursuit of justice through the civil courts.