Woman is suing city over ‘wrongful arrest and mistreatment’ by police

By Catherine Holland

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    SCOTTSDALE, Arizona (KPHO) — A woman wrongly arrested for a hit-and-run in Scottsdale more than a year ago has filed a federal civil rights lawsuit against the City of Scottsdale and the Scottsdale Police Department. On Tuesday, Yessenia Garcia and her lawyers talked about her “unjust arrest” and released body camera videos from the night of the incident.

The incident happened the night of May 24, 2020. According to police, officers believed Garcia had hit a pedestrian — an assault suspect who was running from a crime scene in Scottsdale. Officers came upon her not far from the scene and arrested her on suspicion of DUI.

Garcia’s lawyer at the time released a statement saying unequivocally that Garcia was not driving, did not hit the pedestrian, and did not drive after drinking. According to that statement, Garcia parked her car in Scottsdale’s Old Town club district and left with her boyfriend to meet others at a club. When she returned to her car, it was in the same parking spot but had been damaged. This shortly after the crash, which was reported at 10:48 p.m., and at the same time police were looking for the suspect vehicle. The lawyer said she was reporting the damage when officers arrested her. He also said surveillance video from the parking lot and from inside the club where Garcia was would prove she was not the one behind the wheel.

Garcia’s current legal team released more than 30 redacted body-cam videos on Tuesday showing officers’ encounter with Garcia and her boyfriend from several perspectives. One of them also shows an officer working with a security guard to look at surveillance video of the parking lot. Garcia’s lawyers say that video showed Garcia’s car had been vandalized while parked and “clearly exonerated” her.

In several of the clips, both Garcia and her boyfriend can be heard telling officers that they parked the car, spent some time at a club, and then came back to find the windshield smashed. Both said neither one of them was in the car after they parked and went to the club. Both said they saw officers nearby and reported the damage to them rather than calling the police. While their account of events never wavered, the officers apparently did not believe them.

“They were definitely treating me as if I had hurt somebody,” said Garcia, a 33-year old esthetician. “I didn’t even understand why they were being so mean and so rude.”

A clip from camera X6030413H with an 11:15 p.m. timestamp shows a bicycle officer — Sgt. Steel — riding up to where other officers were speaking with Garcia. This clip shows severe windshield damage on the passenger side of a car, the kind one might expect to see if the vehicle had hit a pedestrian, and also shows officers speaking with Garcia’s boyfriend. “If this wasn’t here (gesturing to the car), I wouldn’t have come to you,” the boyfriend is seen telling an officer. “We would have got in our Uber and gone home. Period.”

Officers told Garcia’s boyfriend they knew the car had just been in a collision and that the hood was still warm. Garcia’s boyfriend insisted that they had not driven anywhere since going to the club.

In a second clip from the same camera (time-stamped 11:22 p.m.), Sgt. Steel returns to speak with the man. “I’m gonna give you one more chance to be honest with us,” he said. “It’s a crime to provide false information to law enforcement. I’m giving you an out.”

“I need you guys collectively to believe me and understand we are not lying to you. We were not driving this car,” Garcia’s boyfriend said. “Sir, I have no reason to lie to you.” He went on to explain that Garcia drove to club, and the car was fine when they parked it. He said they returned to find the damage to the windshield. He also said he was the only one with the keys to the car. Officers did not believe him and continued to insist that he was lying. “I already know she was driving. I’m not stupid. We have witnesses and we have cameras,” Steel said.

In a clip from another officer’s camera, time-stamped 11:35 p.m., Garcia is seen sitting on the ground, explaining that she had not driven anywhere since arriving at the club. She said she discovered the damage to her car, and then reported it to police. She answers the officer’s questions about when she arrived at the club, how long she stayed, what she had to drink, and what happened when she left. At one point, she asked if she was being detained and if she could contact her lawyer. The officer said she was “not entitled” to a lawyer because she was under investigation but not in custody.

“It was panic because of how they were convinced that I did this,” said Garcia. “Then it finally came to a point where I felt hopeless and numb.”

That video does not show officers taking Garcia into custody. It ends with the officer asking to speak with his partner. Another clip time-stamped 12:05 a.m. shows a different officer — not Steel — handcuffing Garcia and putting her into the back of an SUV. He also told her she was entitled to a lawyer now that she was in custody.

A fourth clip from Steel’s camera, time-stamped at 12:07 a.m., shows Steel going back to Garcia’s boyfriend to get the keys to the car, which he explained was being seized for evidence. He also told him Garcia was under arrest for DUI and they had probable cause to make that arrest. “She has glass on her clothing consistent with the glass that’s in the driver’s seat,” Steel told the boyfriend. “How would she have glass on her clothing if she never got into the car?” The boyfriend continued to state that Garcia had not been in the car since parking it by the Galleria at around 9 p.m.

According to Garcia’s lawyers, Garcia “was forced to remove her clothing due to one of the officers lying about glass being present on Garcia’s clothing and had blood taken from her without cause.”

“I couldn’t believe it,” Garcia said. “I had cooperated. I had done everything that they asked me to do.”

The story of Garcia’s arrest, including her mug shot, was told on local and national news, including here on azfamily.com.

“By the time the charges were dropped, irreparable damage to Ms. Garcia’s reputation and the traumatizing situation had already happened,” civil rights lawyer Benjamin Taylor, who is part of Garcia’s legal team, said in a news release Tuesday.

“I was arrested, forced to strip, humiliated, and my photo put all over the news because the police chose to ignore the evidence. Still, I am one of the lucky ones and that is why I am continuing this lawsuit,” said Garcia. “We shouldn’t have to fear false arrest, humiliation, or even death for simply seeking help from the police.”

Garcia’s federal lawsuit asks for $300,000 in damages.

“When you do something wrong, you need to be punished,” said Garcia’s attorney. “These officers need to be punished for violating Ms. Garcia’s constitutional rights, when they knew and had all the evidence right in front of them prior to arresting her.”

The Scottsdale Police Department has launched an internal investigation to determine whether officers acted inappropriately. Police chief Jeff Walther released this statement:

“The Scottsdale Police Department has been receiving inquiries related to the arrest of Yessenia Garcia that occurred on May 24, 2020. On August 9, 2021, the incident was featured on a local news station. The reporting caused me to take a close look at the event in regard to allegations of misconduct on behalf of my officers. I would like to provide an update.

It is important to note that the only way to identify the facts of what occurred is through a comprehensive investigation, which I ordered immediately upon learning of this incident and the allegations. I trust our investigation will outline the events in detail and I assure you the findings will be shared publicly. I have directed the internal affairs unit to have the report and findings on my desk no later than September 14th.

The Scottsdale Police Department prides itself on being a progressive, professional, police department. The department achieved national accreditation in 1994 from the Commission on Accreditation for Law Enforcement Agencies (CALEA) and maintains this distinction today. This endeavor is not easy to obtain and encapsulates the very best practices in our profession. We are also in the processes of completing our state accreditation under the newly created Arizona Law Enforcement Accreditation Program (ALEAP). We anticipate receiving this award by the end of the calendar year.

I am committed to maintaining a culture of accountability, transparency, and professionalism. To that end, I have also launched an internal review of our processes, policies, and systems to identify improvements and/or training deficiencies.

The Scottsdale Police Department has a long history of welcoming external and internal audits and reviews of our organization. These reviews, although predominantly positive, have identified areas for improvement. These suggestions have been largely adopted as we maintain a state of continual improvement.

As the Chief, I will always hold anyone who engages in misconduct accountable and this case will be no different.

I will always hold anyone who engages in misconduct accountable and this case will be no different.

I have directed the internal affairs unit to have the report and findings on my desk no later than September 14th.”

But Garcia says the damage has already been done. “If anyone even just Googles me, my mug shot will be there,” said Garcia. “It’s awful. It’s embarrassing.”

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