- On Tuesday, Francisco Joaquin, Anjanette Garcia, and their lawyer spoke out against McFarland Police's actions in the November altercation at a McDonalds' in McFarland.
- Miles A. Harris, Esq. led the press conference on behalf of the two victims and spoke scathingly of the department's actions on November 26, including the department's use of force and evidence gathering, leading to the discovery of a firearm with an extended magazine.
- The video above gives viewers a broader look at the press conference held by the victims and their lawyer.
McFarland Police Chief Brian Knox's Statement to the public from Nov. 27
On 11-26-23 at approximately 3:23 PM, Officers from the McFarland Police Department were dispatched to assist the Kern County Sheriff’s Office and California Highway Patrol for a report of hundreds of vehicles and subjects driving recklessly at Lake Wollomes near Delano. The vehicles and subjects then went to the Walmart in Delano and conducted a street takeover of the Walmart parking lot. The Delano Police Department arrived to disperse the subjects and vehicles. As the vehicles fled the parking lot, some of the attendees began throwing glass bottles and vandalizing several police vehicles. The subjects moved the street takeover to the area of Browning Road and Pond Road, near McFarland. The Kern County Sheriff’s Office Air Unit arrived to assist. It was reported that there were approximately 200 vehicles and 300-400 subjects conducting the street takeover at Pond Road and Browning Road. Officers from the McFarland Police Department arrived to disperse the subjects. The attendees moved the street takeover to the city of McFarland. The street takeover took place at several intersections in the city of McFarland. Police dispatch was receiving numerous calls for service regarding the subjects causing a major peace disturbance and traffic obstructions. The Air Unit reported there was a subject who was pointing a laser from a firearm at the airship during the street takeover. The McFarland Police Department then received a call that there were several subjects in a physical fight at the McDonald’s located in the 100 block of W. Sherwood Avenue. When Officers arrived to investigate the fight, there were over 50 subjects inside the eatery. Officers attempted to detain the subjects who were involved in the fight. There were numerous vehicles and subjects in the parking lot at the time of the fight. Two of the subjects involved in the fight refused to comply with Officers commands to submit to a detention. Officers’ de-escalation techniques were ineffective. Both subjects ran from Officers towards the parking lot. Both subjects were overtaken in the parking lot and both subjects began resisting arrest. An adult female, later identified as 22-year-old Anjanette Garcia, was immediately taken into custody after a short struggle with Officers. Officers used control holds and takedown techniques to take Garcia into custody. Garcia was not injured. Garcia was booked into the Lerdo Justice Facility Center. The male suspect, later identified as 21-year-old Francisco Joaquin, began resisting arrest while Officers struggled to take him into custody on the ground. After a brief struggle and use of less lethal weapons, Officers were able to take Joaquin into custody. During a search of Joaquin, Officers located a loaded semi-automatic firearm with an illegal extended magazine. Officers learned Joaquin is a documented Fresno gang member and convicted felon. Joaquin was charged with numerous felonies including gang charges. Joaquin refused medical aid and was booked into the Lerdo Justice Facility Center. The McFarland Police Department is continuing to investigate the incident.
BROADCAST TRANSCRIPT:
You’ve likely seen the video that went online late last month of Francisco Joaquin and Anjanette Garcia being detained by McFarland police.
Police documents state the two were resisting arrest at this McDonald's right behind me, but in talks with their lawyer who held a press conference right where I'm standing; he tells a different story.
“There was no resisting in any of the video we have, there was no resisting depicted,” said Miles A. Harris, Esq., an attorney representing Joaquin and Garcia.
During the press conference, both Joaquin and Garcia read statements in which they said they were afraid for their lives during the incident that happened on November 26th. During a search of Joaquin after police detained him -- records show officers found a gun with an extended magazine.
The attorney representing Joaquin says police are using the discovery in an attempt to justify their actions that night.
“The Firearm that was recovered was never exhibited and never found until after the beating was imposed on Mr. Joaquin. There was no awareness of it at any time, that’s just bootstrapping and going back as the investigation has continued. Anything to attempt to justify what was depicted in that video but that video is clear, at no time were those officers in threat of harm.”
Following the incident, 23ABC reached out to McFarland Police Chief, Brian Knox for additional comment who said they would not be issuing any other comment on the investigation.
The statement released after the incident by McFarland Police details the officer's description of the incident, the full statement can be found on our website.
During the press conference, the lawyer representing Joaquin and Garcia said their experience could be used as an opportunity to hold law enforcement accountable.
At this point in time, no civil suit has been filed by Joaquin or Garcia against the city of McFarland or its police department but in talks with the lawyer representing the two, they said there's a likelihood that one will be filed.
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