Video shows officers use a Taser before shooting Luis Manual Garcia on Aug. 9 after he jumped out of a bush holding a 4-foot wooden pole.
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Despite officers identifying that Garcia was holding a stick and then using a taser to subdue him, they still shot him twice.
Tustin: Family demands justice after homeless father shot and killed by police
Tustin: Family of man shot and killed by police demands justice
Garcia's family said that the father of three was dealing with mental illness at the time.
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"Yes, he was homeless," Christian Garcia said of his uncle in August. "No, he did not bother no one. No, he was not violent. He was not the type to carry weapons or nothing."
The shooting is under investigation by the police department, Orange County District Attorney's Office and the U.S. Department of Justice.
CORRECTION: An earlier version of this story stated that the shooting was under investigation by the Los Angeles Police Department. The correct agency investigating the incident is the Tustin Police Department, as well as the O.C. D.A.'s Office and the Department of Justice.