San Diego Police Officers Cleared in Death of Man Restrained Outside Bar

District Attorney finds officers used 'minimal force' in incident that led to man's death.

Published on Feb. 12, 2026

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Two San Diego police officers have been cleared of wrongdoing in the death of Gabriel Garza, a 40-year-old local man who died after being restrained by the officers outside a downtown bar in January 2025. A review by the San Diego District Attorney found the officers used the 'minimal amount of force necessary' to restrain Garza, who was acting erratically and had cocaine and alcohol in his system at the time.

Why it matters

This case highlights the ongoing debate around police use of force, particularly in incidents involving individuals with mental health or substance abuse issues. While the officers were cleared of criminal wrongdoing, Garza's family has filed a civil lawsuit alleging excessive force, underscoring the complex legal and ethical questions that arise when police restraint leads to a person's death.

The details

According to the District Attorney's report, officers Jacob Phipps and Noah McLemore responded to the Star Bar in downtown San Diego after Garza was escorted outside for erratic behavior, including biting a security guard. The officers then took over restraining Garza, holding him on the ground for nearly eight minutes until he became unresponsive. Attempts by the officers and medics to revive Garza were unsuccessful, and he was pronounced dead at a local hospital. Toxicology tests found Garza had cocaine and alcohol in his system at the time.

  • On January 25, 2025, Gabriel Garza died after being restrained by San Diego police officers outside a downtown bar.
  • In June 2025, the San Diego medical examiner ruled Garza's death a homicide.
  • In December 2025, the San Diego District Attorney completed a review and cleared the officers of wrongdoing.
  • In May 2026, Garza's family filed a civil lawsuit against the San Diego Police Department and the two officers.

The players

Gabriel Garza

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

Jacob Phipps

A San Diego Police Department officer who was involved in restraining Gabriel Garza.

Noah McLemore

A San Diego Police Department officer who was involved in restraining Gabriel Garza.

Summer Stephan

The San Diego District Attorney who reviewed the case and cleared the officers of wrongdoing.

Lauren Mellano

The attorney representing the Garza family in their civil lawsuit against the San Diego Police Department and the two officers.

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What they’re saying

“The Garza are understandably disappointed, but I can't say that the Garza were very surprised either. It's not common for prosecutors to choose to prosecute police officers, so I think they were prepared.”

— Lauren Mellano, Attorney representing the Garza family

What’s next

The civil lawsuit filed by the Garza family against the San Diego Police Department and the two officers is still active.

The takeaway

This case highlights the ongoing challenges in balancing police use of force with the need to protect public safety, especially when dealing with individuals experiencing mental health or substance abuse issues. While the officers were cleared of criminal wrongdoing, the Garza family's civil lawsuit underscores the complex legal and ethical questions that arise when police restraint leads to a person's death.