SCOTTSDALE, AZ — The City of Scottsdale has agreed to pay $200,000 to a woman falsely accused of a hit-and-run crash by officers who overlooked clear video evidence of her innocence.
Councilmembers unanimously approved the settlement, ending the federal lawsuit filed by Yessenia Garcia.
“I remember sitting (for an interview with ABC15) and getting ready to give up on the case,” said Garcia in a brief interview after the settlement was approved.
RELATED: Woman speaks out after being falsely accused by Scottsdale police
The case got national attention after an ABC15 investigation showed how officers belittled Garcia, repeatedly called her a liar, and refused to contact a lawyer at the scene.
Garcia was arrested on May 24, 2020, in the downtown area of Scottsdale.
While she was at two bars with friends, a random man jumped on the hood of her parked car and stomped on the windshield and smashed it, according to surveillance video from a nearby building.
Garcia’s then-boyfriend flagged down a bicycle officer when the couple retired to the vehicle. The pair didn’t know that police had responded to a hit-and-run 30 minutes earlier just 0.3 miles away.
Police were certain of Garcia’s guilt almost immediately after seeing the smashed windshield.
The first officer to speak to Garcia read her Miranda rights within 30 seconds. At one point, Garcia asked if she was being detained and if she could speak to a lawyer.
An officer told her, “No, you’re not entitled to one. You’re under investigation."
RELATED: Scottsdale police chief admits 'mistakes'
Garcia’s defense attorney was able to get the charges dropped and filed a federal lawsuit as a placeholder.
Until ABC15’s reporting on her case, Garcia struggled to find a civil lawyer to continue the case because of distinct challenges — like qualified immunity — in suing police departments.
Days after the report, attorneys Ben Taylor and Anthony Ramirez agreed to take on her case.
The renewed scrutiny forced Scottsdale police to open an internal investigation, which resulted in discipline, suspensions, and the chief admitting officers made mistakes.
Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.
