Napa County, sheriff’s deputy named in wrongful dying civil rights lawsuit | Crime and Courts

“Juan was clearly confused about what the sergeant wanted from him since the sergeant couldn’t communicate with him at all. Then the sergeant discharged six bullets in quick succession on Juan without warning,” said Sherwin, who accused Ackman of panic.

Napa County and the Sheriff’s Office did not immediately respond to a request for comment Tuesday.

On October 5, Ackman stopped Garcia’s vehicle after seeing the headlights turned off, Sheriff John Robertson said after the shooting. A minute-long body camera video, later released by the Sheriff’s Office, shows Garcia pulling to the curb, opening the driver’s door, and then throwing his cell phone over the roof of the car while Ackman points his gun at the vehicle.

Garcia emerges from his vehicle with Ackman’s gun still pointed at him, then strolls towards Ackman before slowly putting both hands behind his back.

Ackman gets his gun and Garcia can be told to turn around believing Garcia was meant for Ackman to be handcuffed, Robertson said during a news conference in October. But Garcia ignores Ackman’s calls and approaches Ackman again, leaving only one of his hands behind his back.

Then Ackman retracts his gun and points his flashlight again at Garcia, who steps back and then hesitates for a moment. Garcia then starts walking again – the footage doesn’t make it clear which way – and Ackman circles his police vehicle, backing away from Garcia, and walks to the front of his car.