An attorney seeking the release of video from an officer-involved shooting last year in Leavenworth has repeated a claim that the victim of the shooting was unarmed. An attorney for the city of Leavenworth disputes this assertion, arguing the shooting victim had a knife.

An attorney seeking the release of video from an officer-involved shooting last year in Leavenworth has repeated a claim that the victim of the shooting was unarmed. An attorney for the city of Leavenworth disputes this assertion, arguing the shooting victim had a knife.

The claims appear in documents filed as part of a lawsuit against the city of Leavenworth. The lawsuit was filed earlier this summer, seeking the release of police video of a July 11, 2017 shooting.

Antonio Garcia Jr. died after being shot by Leavenworth police Officer Matthew Harrington.

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

John Cusick, an attorney representing Garcia’s wife and other family members, initially claimed Garcia had been unarmed in a petition that was filed July 9.

In a response filed Aug. 14, Michael Seck, an attorney for the city, disputed the claim, arguing Garcia “possessed a tactical style knife that was visually displayed and, at times, pointed at Officer Harrington.”

Cusick again referred to Garcia as being unarmed in a court document filed Aug. 22.

In a written reply filed Aug. 28, Seck argues that Garcia’s wife, Heather, was prosecuted because she allegedly took the knife that had been “wielded by her husband and hid it on her person.”

Following the shooting, Heather Garcia was charged with a misdemeanor for allegedly tampering with evidence at the scene. In May, she entered into a diversion agreement to resolve the case.

As part of the diversion agreement, a stipulation of facts was prepared. The written stipulation of facts reviewed what reportedly happened the night of the shooting.

According to the stipulation of facts, Antonio Garcia Jr. had a pocket knife in his hand while speaking to Harrington.

In his Aug. 28 court filing, Seck wrote that perpetuating the statement that Antonio Garcia Jr. was unarmed is “wholly inappropriate.”

Seck has filed a motion seeking to have the judge in the lawsuit review the video in private and rule in favor of the city.

A hearing for oral arguments on this motion is scheduled for Sept. 25.

Harrington was terminated from the Leavenworth Police Department in January following an internal review of the July 11, 2017, incident. Kitchens said Harrington had violated department policy.

Last month, Harrington was indicted on a charge of involuntary manslaughter in connection to the 2017 shooting.

Twitter: @LVTNewsJohnR