Woman falsely accused of hit-and-run in Arizona receives $200K settlement

SCOTTSDALE, Ariz. — An Arizona woman falsely accused in a hit-and-run incident nearly three years ago received a $200,000 settlement from officials in Scottsdale.

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Yessenia Garcia, who was arrested on May 24, 2020, filed a federal lawsuit for civil rights violations and alleged mistreatment by the Scottsdale Police Department, KSAZ-TV reported. Her attorney, Benjamin Taylor, announced the settlement on Thursday, according to The Associated Press.

In a resolution, the Scottsdale City Council unanimously approved the settlement. The resolution stated that while the city continued to dispute any liability, it acknowledged that it was in the best interest to settle the lawsuit, the AP reported.

“(Garcia) has suffered tremendously from this wrongful arrest,” Taylor said in an emailed statement. “Our legal team was able to get past governmental immunity that allows police officers to have a case thrown out and do justice for Yesse.”

On the night in question, Garcia was arrested on suspicion of DUI, KPHO-TV reported. According to Scottsdale police, officers responded to a fight near a nightclub around 10:45 p.m. Witnesses told police a man had assaulted another man and fled the scene, the television station reported.

Moments later, the suspect was hit by a vehicle.

According to surveillance video, a man had jumped on the hood of Garcia’s parked vehicle and smashed the windshield with his feet, KNXV-TV reported. Garcia was inside a bar in the area, and her boyfriend at the time flagged down a bicycle officer when the couple encountered the damaged vehicle, according to the television station.

The couple did not know that police had responded to a call about a hit-and-run accident about 30 minutes earlier, a short distance away from Garcia’s vehicle.

In body camera video, a Scottsdale Police officer was seen reading Garcia her Miranda rights within 60 seconds, according to KSAZ. She was also not allowed to speak to an attorney, according to the television station.

Garcia conceded that she did not believe the case would be settled in her favor.

“I remember sitting (for an interview) getting ready to give up on the case,” Garcia told KNXV after the settlement.

Garcia filed a lawsuit against the Scottsdale Police Department in 2021, KSAZ reported. In January 2022, officials with the police department announced disciplinary action against some of the officers after conducting an internal investigation, according to the television station.

One employee received a 40-hour unpaid suspension and another was suspended without pay for 20 hours.

“We made some mistakes, plain and simple, and the involved employees have been disciplined for those mistakes,” Scottsdale police Chief Jeff Walther said at the time.

The names of the police officers involved in the arrest have not been revealed, KSAZ reported.

“I was arrested, forced to strip, humiliated, and my photo put all over the news because the police chose to ignore the evidence. Still, I am one of the lucky ones,” Garcia said in a statement on Thursday. “We shouldn’t have to fear false arrest, humiliation, or even death for simply seeking help from the police.”