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The household of a 16-year-old pupil who was shot and killed exterior Denver’s East Excessive College in 2023 has dropped a wrongful demise lawsuit towards Denver Public Colleges.
The Colorado Courtroom of Appeals dismissed the lawsuit Friday, a court docket order exhibits. DPS and the scholar’s household agreed to the dismissal, in accordance with court docket paperwork. The paperwork don’t give a purpose. All sides pays its personal authorized charges, the paperwork say.
An legal professional for the household mentioned he couldn’t remark Friday. Denver Public Colleges mentioned in an announcement that the district stays saddened by the demise of the scholar, Luis Garcia.
“We respect the judicial course of and the court docket’s choice to dismiss the attraction, marking the conclusion of this authorized matter,” the varsity district’s assertion mentioned.
Nobody has been charged in reference to Luis’ demise. The Denver Police Division mentioned Friday that there are not any updates within the case.
Of their lawsuit, Luis’ household alleged {that a} juvenile male, recognized solely by a pseudonym, shot and killed Luis. The lawsuit alleged the juvenile male stole a white Kia Sportage, ran a crimson mild close to East Excessive, drove the Kia “on a direct path straight to Luis,” and opened fireplace.
Luis was a junior at East and a proficient participant on the varsity soccer group when he was shot in February 2023 after dropping his cousin off on the college. Luis died of his accidents about two weeks later. His household sued DPS, East Excessive, and the Denver college board in 2024.
They alleged that DPS “subverted and weakened” the safety at East after the varsity board eliminated armed cops from DPS faculties in 2020, which the household mentioned allowed “potential shooters to imagine they’d be capable to execute an assault.”
Underneath a state legislation often known as the Claire Davis College Security Act, districts will be held chargeable for acts of violence at college in the event that they fail to train “cheap care” to guard college students and workers.
However in 2025, a Denver District Courtroom decide dominated that DPS was not chargeable for Luis’ demise as a result of his automotive was parked on a public road when he was shot.
Luis’ automotive was parked “the place Metropolis Park Esplanade intersects East seventeenth Avenue, the place each roads are used for the aim of public transportation,” Choose Kandace C. Gerdes wrote. “The Courtroom will not be persuaded that these roads are ‘inside the college services’ of East’s Property.”
Luis’ household appealed the ruling however has now agreed to dismiss that attraction.
DPS returned college useful resource officers to its faculties in 2023 after Luis’ demise and a separate taking pictures inside East Excessive a month later. Two former East deans who have been injured in that taking pictures are suing DPS as effectively. These lawsuits are ongoing.
Melanie Asmar is the bureau chief for Chalkbeat Colorado. Contact Melanie at masmar@chalkbeat.org.
