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Cops Accused Of Brutality In Newark Man's Death

NEWARK (CBS) ― What began with accusations of police brutality being leveled against New Jersey State Police have escalated into threats of a wrongful death lawsuit.

Kenwin Garcia's family blames his death on state troopers using excessive force during an arrest, but police say no one is to blame but Garcia himself.

"He was a very good child, a very good person," Annette Garcia, Kenwin's mother said. "He wasn't supposed to have died, he was just out there walking."

Yesterday Garcia's family watched the 25-year-old Newark resident die in his hospital bed, his death the result of injuries sustained on Tuesday, July 15th while in the custody of the New Jersey State Police on Route 287.

State police officials say Garcia was stopped for walking along the Route 287, which is illegal, and was arrested by two troopers for outstanding warrants. Officials also say that Garcia resisted arrest and kicked in the window of the first patrol car he was placed in.

The troopers then pepper-sprayed Garcia, and claim he continued to resist, even as they placed him in a second patrol car. That's where they say Garcia bashed his own head into the rear side window and collapsed.

"I never knew my brother to have gotten into one fight," Dana Garcia, Kenwin's sister, said. "My brother's not violent."

"Something is not right with their story," Annette said.

"We believe that there's a possibility that his head was bashed into the window by someone else, perhaps one of the troopers," Harvey Rothman, the Garcias' attorney, said.

State Police Union Spokesman David Jones refutes that claim.

"This is a terrible loss of a troubled young man and our sympathies go out to the family," Jones said. "Their attorney's assertion that there was some wrongdoing – without any physical or electronic evidence or eyewitness corroboration – is an injustice to the family."

The family has already notified the state of its intention to file suit. In the meantime, both sides say they are confident the release of the patrol car's audio and video recording of the police stop will clear the air about what happened to Kenwin Garcia.

The New Jersey Attorney General's Office tells CBS 2 the investigation into the traffic stop must be completed before the patrol car's tapes can be released.

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