DENVER — A Denver judge has cleared Denver Public Schools of liability in the shooting death of Luis Garcia, determining the 16-year-old East High student was killed beyond school district jurisdiction.
District Court Judge Kandace C. Gerdes concluded the February 2023 shooting occurred on city streets rather than school property, blocking the victim’s family from pursuing damages under state education safety laws.
The ruling centers on the exact location where Garcia was fatally wounded while seated in his vehicle after dropping off a relative at the school. Court records show the incident happened where City Park Esplanade meets East 17th Avenue.
Garcia’s relatives announced Wednesday they will challenge the July 18 decision through Colorado’s appellate system. Family lawyer Matthew Barringer expressed disappointment with the outcome while emphasizing a broader concern.
“What matters most is that Luis continues waiting for justice since authorities have filed no murder charges,” Barringer stated. He criticized what he called “empty promises” from officials handling the case.
The teenage victim, who played soccer wearing number 11 for East High’s team, succumbed to gunshot wounds roughly two weeks after the attack on February 13, 2023.
Judge Gerdes pointed to nearby public transit infrastructure, including an RTD bus station within 500 feet, as evidence the shooting site serves general community traffic rather than functioning as part of educational facilities.
This geographic determination prevents application of the Claire Davis School Safety Act, Colorado legislation requiring districts to demonstrate reasonable protective measures against predictable campus violence.
The deceased student’s family had argued East High created dangerous conditions by eliminating armed security personnel, allegedly signaling to potential attackers that campus defenses were weakened.
Denver’s school board removed police officers from district buildings in 2020 but reversed this policy in 2023 following Garcia’s death and a subsequent East High shooting that wounded two administrators.
Police and prosecutors confirmed Thursday their investigation continues without new developments or arrests.
The original lawsuit targeted multiple defendants including the school district, East High administrators, board members, and an unnamed juvenile suspect plus his parent.
School officials issued condolences to the Garcia-Bobadilla family while noting the court’s findings.
Legal experts suggest the appeal process could extend several months as the family pursues alternative avenues for accountability in their son’s killing.