Yessenia Garcia and her boyfriend turned to police after a vandal shattered the windshield of her car. Instead of helping, those officers accused Garcia of being involved in a hit-and-run with a pedestrian, arrested her and took her to jail.
On May 24, 2020, Garcia parked her car at a lot in downtown Scottsdale and then walked with her boyfriend to a nightclub to meet friends, her lawsuit says. After partying there for “a significant time,” the group hit up another nightclub nearby.While they were inside, a vandal smashed Garcia’s windshield, according to the suit and surveillance video.
Instead of investigating the vandalism, the officers accused her and her boyfriend of being suspects in a hit-and-run crash that happened about a half-hour earlier, according to the suit and internal affairs report. The couple tried to convince the officers they hadn’t been involved, but the officers allegedly “refused to listen to them and ignored a plethora of … evidence readily available to them at the scene which easily established that [Garcia] and her boyfriend were telling the truth.
The officers also failed to properly conduct an investigation that would have suggested, if not proved, Garcia’s innocence, the suit alleges. Because it had not been driven for hours, the hood of her car was cold to the touch, the car’s bumper and hood were not dented or bent, Garcia didn’t have any broken glass on her clothing, and there was no blood or human tissue on the car, although the officers didn’t test for that, according to the lawsuit.
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