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.

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.      

SAN DIEGO (AP) — Miguel Andujar and the San Diego Padres on Wednesday finalized their $4 million, one-year contract, a deal that allows him to earn an additional $2.2 million.

Andujar gets a $1.5 million salary, and the deal includes an $8 million mutual option for 2027 with a $2.5 million buyout.

His buyout can escalate based on plate appearances: $200,000 each for 200 and 250, $250,000 apiece for 300 and 350, $300,000 for 400, and $500,000 each for 500 and 600.

Andujar, who turns 30 on March 2, hit .318 with 10 homers and 44 RBIs last year for the Athletics and Cincinnati, which acquired him on July 31 for minor league right-hander Kenya Huggins. An outfielder and third baseman, he had a $3 million salary.

A nine-year major league veteran, Andujar has a .282 batting average with 53 homers and 223 RBIs for the New York Yankees (2017-22), Pittsburgh (2022-23), the Athletics (2024-25) and Reds.

Andujar hit .297 with 27 homers and 92 RBIs in 2018, finishing second to Shohei Ohtani in AL Rookie of the Year voting.

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AP MLB: https://apnews.com/MLB