SAN DIEGO — When San Diego Police officers arrived at the Star Bar in the Gaslamp on January 25, Gabriel Garza was subdued, lying on his back with a security guard making sure he didn't move. The responding officer then flipped Garza over onto his stomach, handcuffed him, and placed his knee on his upper back for nearly eight minutes. By the time firefighters arrived, Garza had no pulse. 

The San Diego Medical Examiner's Office classified Garza's death as a homicide. 

New surveillance video, obtained by CBS 8, captured the moment Garza, a friend and what was later said to be a nearby security guard, took Garza to the ground nearly 25 minutes before police arrived.

The video is now at the center of a wrongful death case that Garza's family filed against the San Diego Police Department and two of its officers, Jacob Phipps and Noah McLemore. The video shows, according to Carlos Garza, Gabriel Garza's older brother, that police officers never had to use force, that his brother was subdued long before officers arrived.

"I want everybody to know what happened to my brother could happen to them, and it's not fair. It's not fair," said Carlos Garza. "There's no reason for him to put his knee on his neck, and for the other guy to hold his feet up in the prone position. It's uncalled for, and just leave him there. It's just uncalled for."

According to the family's federal lawsuit, Gabriel Garza and a friend were drinking inside the Star Bar when Garza suddenly snapped. Garza became erratic. He moved the barstools around, kept losing his balance, and was eventually forced to leave. 

The surveillance video shows Garza's friend and another man take Garza to the ground on the bar's outside patio. His friend repeatedly says how he has never seen Garza behave like this. His friend apologized to the other man, saying this is not how Garza usually behaves. 

At around 8 p.m., a bartender calls 911 for help. A dispatcher sends police to the scene. 

When San Diego Police Officer Phipps arrives, Garza tells Officer Phipps that he "is all good." 

"Where's my chain, first of all?" says Garza.

Officer Phipps then tells Garza that he is going to lay Garza on his stomach.

Within seconds, Officer Phipps rolls Garza over. Garza says, "I guess you're going to roll me anyway."

As Officer Phipps and two other officers handcuff Garza, Garza is heard asking for his jacket.

"Don't worry, they have jackets in jail," the bartender said. 

The video shows Officer Phipps place his knee on Garza's upper back as a second officer holds Garza's legs and pushes them forward. 

Within five minutes, Garza stops moving. 

Despite Garza's stillness, the officers, now numbering four, stand over Garza as Phipps and the second officer hold Garza down on his chest. 

The crowd of officers mull above Garza. 

According to the video, nearly 8 minutes transpire before firefighters arrive on the scene. Within a minute, the video shows them performing chest compressions on Garza. 

Garza was pronounced dead on the scene.

Warning: the following video contains graphic material that may not be suitable for some audiences. Viewer discretion is advised.

In March 2025, Garza's father and brother sued the city of San Diego, its police department, and the officers involved for violating Gabriel Garza's civil rights and for his wrongful death.

In June 2025, the San Diego County Medical Examiner released its findings that Garza died from cardiopulmonary arrest, meaning a sudden stop of heart function and breathing, during physical restraint. The Medical Examiner found Garza suffered from hypertension and had cocaine and ethanol in his system at the time of his death, and was considered obese, all of which factored into his death. 

"The decedent was physically restrained in a prone position prior to going unresponsive. This is not necessarily lethal by itself. However, physical restraint does have effects on the body, including physiologic stress due to not being able to move and fighting the restraint. Restraint in the prone position is not ideal for extended periods of time, as breathing becomes difficult," reads the report. 

For the Garza family, Gabriel's older brother Carlos says it all about accountability.

"My brother's death needs to lead to change," said Carlos Garza. "They pretty much silenced my brother."

Attorney Lauren Mellano, the family's lead attorney from McKenzie Scott, calls Garza's death "shocking."

"What stands out the most is how egregious Officer Phipps and Officer Mclemore's conduct was in holding Gabriel Garza down on his chest, putting pressure on his back with Officer Phipps's knee, just knowing the risks that there are in holding someone down in that position, after George Floyd, after other instances," said Mellano. "I mean, we've known for years how dangerous that is. It's honestly unbelievable to me that it's still happening today."

CBS 8 reached out to the city and the police department for comment and to answer questions about police enforcement in the Gaslamp. 

A spokesperson for the City Attorney's Office could not comment due to pending litigation. The San Diego Police Department did not respond.