The brother of Gabriel Garza is leveling harsh criticism at the San Diego County district attorney. The DA’s office determined arresting officers were not to blame for his brother’s in-custody death. The video of Gabriel Garza’s arrest was captured on the security camera outside the Star Bar in the Gaslamp where it happened. Garza was first subdued by bar patrons and held outside on the sidewalk till police came. Witnesses say Gabriel Garza was acting strangely, speaking incoherently, even bit one of them. SDPD Officer Jacob Phipps put his knee on him while Officer Noah McClemore controlled his feet and legs. Related stories Gaslamp Quarter Dec 8, 2025 Security video shows death of man restrained by police after removal from Gaslamp bar Gaslamp Quarter Dec 8, 2025 Security video shows death of man restrained by police after removal from Gaslamp bar Gabriel Garza asked Phipps why he was being restrained this way.     “I don’t know, I just showed up and you were on the ground,” Phipps said. Minutes later, Gabriel Garza was unresponsive. He was taken to a hospital where he later died.    “Horrible, disgusting, no accountability,” Gabriel’s brother, Carlos Garza said. In late January, the San Diego County District Attorney’s Special Operations Division determined, “Officers Phipps and McLemore bear no state criminal liability for their actions.” “The medical examiner ruled it a homicide. How is there a homicide with no one to blame?“ Carlos asked. According to the DA’s findings, Gabriel Garza died from a combination of alcohol and cocaine in his system, plus  “significant cardiovascular disease which could lead to sudden death at any time.” While the DA’s investigation determined the officers used, “the minimal amount of force necessary in the situation,” both officers are named in this civil rights lawsuit that alleges the use of excessive force causing Gabriel Garza’s death. “The video speaks for itself. I don’t think this will have any impact on the civil case,” attorney Lauren Mellano. Mellano represents the family. She says Garza was not a threat to police, he was fighting to breathe.   “If someone is holding someone underwater, you would expect that person to be fighting for their life,” Mellano said. Carlos Garza, while frustrated with the DA’s decision, is not discouraged. “It compels me. It puts fire in my heart to get justice for my brother Gabriel,” Carlos Garza said. The civil case continues to move forward in federal court. Carlos Garza’s attorney says they could get a trial date before the end of the year.       ...read more read less