A lawsuit has emerged from the shadows of the Dub Farris Athletic Complex parking lot, where a woman was shot by Northside Independent School District (NISD) police last year. Markay Garcia, who was wounded in the October 2023 incident, claims her rights under the Fourth and Fourteenth Amendments were trampled upon when Officer Kyle Kennedy of the NISD police department resorted to using his firearm, causing her severe injury.
Attempting to park her vehicle at the athletic complex, Garcia was approached by Officers Kennedy and Joseph Garcia, as reported by KENS 5. Mired with controversy, Kennedy previously had "numerous wrongdoings" in his time with the Live Oak Police Department. Her attendance intent at a football game, where her husband coaches, was cut short by the incident which unfolded in an unwarranted stop and escalation, as detailed in the lawsuit.
The events of that day have been contested; Officer Kennedy claimed that Garcia became "aggressive and belligerent" towards them, leading to a series of actions culminating in her being shot through the driver's side window, as detailed by KSAT. However, Garcia's lawsuit presents a different narrative, stating that the officers did not provide instructive guidance which ultimately led her to attempt to move her vehicle slowly forward, after which Kennedy discharged his firearm. This account, she contends, underscores the unreasonable use of deadly force.
Northside ISD, when reached for comment, opted to maintain silence on the lawsuit citing the "ongoing legal matter," as articulated by NISD assistant superintendent of communications Barry Perez, to KSAT. Whereas, the lawsuit lays bare the charge that the district's leadership and its board members, particularly Superintendent Dr. John M. Craft, have enabled such occurrences by hiring Kennedy despite his sullied past.
In the wake of this incident, which left Garcia with severe and permanent injuries, she seeks compensation and a jury trial for damages sustained.
