Attorneys for the city of Leavenworth have filed a written response to a lawsuit that seeks the release of video of a 2017 officer-involved shooting.

Attorneys for the city of Leavenworth have filed a written response to a lawsuit that seeks the release of video of a 2017 officer-involved shooting.

The written response argues that the city’s denial of requests for the video remains in good faith and with a reasonable basis in law. The response also argues there is no public interest in the requested materials.

The response was submitted on behalf of the city by Michael Seck, an attorney with the law firm of Fisher Patterson Sayler & Smith.

The lawsuit was filed last month in Leavenworth County District Court on behalf of family members of Antonio Garcia Jr.

Garcia was killed July 11, 2017, when he was shot by Leavenworth police Officer Matthew Harrington.

Harrington, who was fired from the Police Department in January, recently was indicted on a charge of involuntary manslaughter in connection to the shooting.

The lawsuit argues the city has a legal requirement to make public records related to the shooting including videos available for inspection and copying.

Leavenworth Police Chief Pat Kitchens has confirmed the Police Department has video of the incident from a body camera and in-car camera.

The city’s written response to the lawsuit argues access to the requested video has been denied because of ongoing criminal investigations.

The city’s response also argues that Garcia’s wife previously had access to video evidence that was provided to a criminal defense attorney.

The attorney was representing Garcia’s wife, Heather, after she was charged with a misdemeanor for allegedly tampering with evidence at the scene of the shooting. She has since entered into a diversion agreement to resolve the case.

The city’s response also argues that an attorney for family members of Garcia was allowed to view a video July 23, 2018.

The written response from the city disputes an assertion that Garcia was unarmed at the time of the shooting, which was a claim made in the petition that initiated the lawsuit.

The city’s written response asserts that Garcia “possessed a tactical style knife that was visually displayed and, at times, pointed at Officer Harrington.”

The city’s response to the lawsuit was filed Tuesday in Leavenworth County District Court.

No hearing has been scheduled in the lawsuit.

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