The Colorado Court of Appeals dismissed the lawsuit Friday, a court order shows. DPS and the student’s family agreed to the dismissal, according to court documents. The documents do not give a reason. Each side will pay its own legal fees, the documents say.
An attorney for the family said he could not comment Friday. Denver Public Schools said in a statement that the district remains saddened by the death of the student, Luis Garcia.
“We respect the judicial process and the court’s decision to dismiss the appeal, marking the conclusion of this legal matter,” the school district’s statement said.
No one has been charged in connection with Luis’ death. The Denver Police Department said Friday that there are no updates in the case.
In their lawsuit, Luis’ family alleged that a juvenile male, identified only by a pseudonym, shot and killed Luis. The lawsuit alleged the juvenile male stole a white Kia Sportage, ran a red light near East High, drove the Kia “on a direct path straight to Luis,” and opened fire.
Luis was a junior at East and a talented player on the varsity soccer team when he was shot in February 2023 after dropping his cousin off at the school. Luis died of his injuries about two weeks later. His family sued DPS, East High, and the Denver school board in 2024.
Under a state law known as the Claire Davis School Safety Act, districts can be held liable for acts of violence at school if they fail to exercise “reasonable care” to protect students and staff.
Luis’ car was parked “where City Park Esplanade intersects East 17th Avenue, where both roads are used for the purpose of public transportation,” Judge Kandace C. Gerdes wrote. “The Court is not persuaded that these roads are ‘within the school facilities’ of East’s Property.”
Luis’ family appealed the ruling but has now agreed to dismiss that appeal.
Denver’s Morgaine Wilkins-Dean was one of 10 girls honored by First Lady Jill Biden at the 2nd Girls Leading Change event on Thursday, Oct. 10, 2024. The young women were recognized for the impact they have had in their communities.
Caitlyn Kim/CPR News
After experiencing three school shootings her junior year at East High School, Morgaine Wilkins-Dean said she was scared.
She took that fear and mixed it with another thought she had: “I want to help.”
Wilkins-Dean reached out to Denver School Board member Michelle Quattlebaum and together they worked to enact a policy this year that requires all DPS superintendents to regularly inform the districts’ families about Colorado’s safe storage laws and how to protect children from guns at home.
First Lady Jill Biden honored Wilkins-Dean for her work on Thursday, along with nine other young women, at a “Girls Leading Change” event at the White House to mark International Day of the Girl, on October 11. Honorees were noted for shaping a brighter future in their communities.
“Today we say proudly for all to hear that girls are powerful,” Biden said. “Every time you show up as your true self, with your boldness and your insight, with your questions, you all shape the world, and that’s what this year’s honorees did.”
Biden said these girls didn’t wait for life to happen to them. “They stepped forward, and they spent their weekends and hours after school to make our world kinder and fairer and filled with more possibility.”
Of her White House visit, Wilkins-Dean said, “it’s surreal” and “overwhelming.”
The 18-year-old was nominated for the honor by someone from the local League of Women voters and the Girl Scouts of Colorado. This project earned Wilkins-Dean her Gold award, the highest achievement for a Girl Scout.
“Being here and getting to earn this award really has shown me that if you are scared of something or if you want something to change, you might not believe in yourself. But if you go out and do it, you can do it. And the only voice that you need is your own, really,” she said.
And now that she’s proven to herself she can do something on an issue that matters to her, she hopes other young women will be inspired to do the same, especially when it comes to the male-dominated world of public policy.
“When I was a young girl. I didn’t feel powerful,” she explained. “But it really takes a second to realize I can be powerful if I want to, and I am powerful. I don’t have to prove it to anyone. And I think that’s an important thing to show girls that you can do just as much as the boys next to you. You can be just as loud as them.”
Biden echoed that sentiment to the crowd that included family, friends, young girls from the area and President Joe Biden who popped in to learn about the girls being honored.
“If you ever wonder, can I — one person, one girl — can I make a difference? Standing here among these incredible women and girls, we have an answer, Yes you can!” the First Lady said.
First Lady Jill Biden honors ten young women from across the country, including Denver’s Morgaine Wilkins-Dean, at the 2nd Girls Leading Change event in the East Room of the White House on Thursday, Oct. 10, 2024.Caitlyn Kim/CPR News
The other honorees included Cheyenne Anderson of New Mexico, Sreenidi Bala of Connecticut, Noel Demetrio of Illinois, Serena Griffin of California, Pragathi Kasani-Akula of Georgia, Chili and Dolly Pramoda, sisters from Puerto Rico, Kira Tiller of Virgina, and Emily Austin, a military child who joked she’s “from everywhere.”
Wilkins-Dean said it was great to meet those other young women who are kind and passionate. “It really makes me hopeful for the future of not only government, but the arts.”
Wilkins-Dean, now a freshman at Sacramento State University, added she was thankful to all the people that helped her, because “getting a policy in place is a group effort.” For her, that group included her mom, board member Quattlebaum, and her troop leaders.
Gia Rodriguez holds up her newly attained diploma during East High School’s graduation ceremony at the Denver Coliseum. May 21, 2024.
Kevin J. Beaty/Denverite
It’s been a tough few years for East High’s class of 2024.
Students who are now seniors graduated middle school at the start of the pandemic in 2020 without any ceremony to mark their transition. They continued to be confronted by COVID’s disruptions to their education for years.
East High School students hug after their graduation ceremony at the Denver Coliseum. May 21, 2024.Kevin J. Beaty/Denverite
But on Tuesday, the scene at Denver Coliseum was one of joy as hundreds of students from one of the city’s flagship public high schools celebrated a key milestone in American life: high school graduation.
East High School’s graduating class goes wild as their end-of-year ceremony concludes at the Denver Coliseum. May 21, 2024.Kevin J. Beaty/Denverite
The speeches were full of reflections on the past few years, imaginings of what the class of 2024 has ahead of them and frequent references to the high school’s fire alarm.
Hundreds of families across several generations packed the stands and brought flowers and gifts to cheer on their graduates.
“You have advocated for legislative change, you continue to be brave and inclusive, embracing all of our differences that make this school so beautiful, and you’ve shown great empathy towards your community in a time where violence has been no stranger throughout the entire world,” principal Terita Walker said. “You have made your mark on his high school, and it’s now time for you to make your mark on the world.”
Here’s what we saw and what students said about the milestone.
East High School’s graduating class goes wild as their end-of-year ceremony concludes at the Denver Coliseum. May 21, 2024.Kevin J. Beaty/Denverite
Onstage and in interviews, first-generation students paid tribute to their parents.
Graduation speaker Isabella Pinedo talked about her parents’ experience immigrating to the U.S. and her identity as an Indigenous and Mexican American student.
“Education did not play a big role for either one of my parents. My father immigrated to the United States alone as a child and his only thought process was to work and to earn the American dream. My mom was unable to finish high school because she became a teen mom,” said Pinedo, who received a full-ride to attend nursing school at Metropolitan State University.
Isabella Pinedo speaks during East High School’s graduation ceremony at the Denver Coliseum. May 21, 2024.Kevin J. Beaty/Denverite
“Although my parents are by no means perfect … they always made everything possible for us,” she said. “Seniors, let’s all make sure we thank the people that got us here today.”
Roland Huerta Caballero is headed to the University of Colorado Denver to study media production. In an interview with Denverite, he praised the teachers and mentors who helped him with college applications as a first-gen student.
“It’s a great accomplishment, my parents’ sacrifices weren’t in vain,” he said. “To me personally, I’m able to make a career, a big name for myself, and make my parents proud of who I’ll be, who I am,” he said.
Roland Huerta Caballero holds his diploma after East High School’s graduation ceremony at the Denver Coliseum. May 21, 2024.Kevin J. Beaty/Denverite
Huerta Caballero said making it to graduation showed how resilient his classmates are.
“While I was in the ceremony I definitely thought of many ups and downs,” he said. “I definitely remember the COVID years and then the shootings last year, but also remember all that goodness we had that helped strengthen our community.”
The people who couldn’t attend the ceremony were on the minds of many seniors at the East High graduation.
“It’s thanks to you mom,” said Noah Vong, one of the student speakers. “I would give anything for you to be here today.”
Another emotional moment came when diplomas were presented to the students and staff read out Luis Garcia’s name. The entire coliseum stood and clapped for a prolonged moment to honor the student who was shot outside the school in 2023.
East High School students stand for Luis Garcia, who was killed near the school in 2023, during what would have been his graduation ceremony. May 21, 2024.Kevin J. Beaty/Denverite
Other students had their minds on other missing loved ones.
“Right now I’m just thinking about my dad. I wish he was here,” said graduating senior Diamond Morgan after the ceremony. “It’s been a tough couple years.”
Diamond Morgan holds her diploma after East High School’s graduation ceremony at the Denver Coliseum. May 21, 2024.Kevin J. Beaty/Denverite
But the overwhelming feeling from the class of 2024 was one of excitement.
“It kind of feels like a pipe dream a little bit, it doesn’t feel real,” said graduate Cian Murphy.
Murphy was a member of Junior Reserve Officers’ Training Corps and plans to join the U.S. Navy and work on submarines.
Cian Murphy holds his diploma after East High School’s graduation ceremony at the Denver Coliseum. May 21, 2024.Kevin J. Beaty/Denverite
His hopes after graduating? “Not drown,” he said.
Draped in cords representing her involvement in Women of East, the Queer Student Alliance and a handful of other student groups, Madelyn Arnold recalled her favorite memory from her time at East High.
“I really loved contributing to the community,” she said. “I painted some murals around the school and just going to all the student activities, it was really amazing.”
Anthony James Cordova’s family goes wild as he accepts his diploma during East High School’s graduation ceremony at the Denver Coliseum. May 21, 2024.Kevin J. Beaty/Denverite
Arnold plans to attend University of California Santa Cruz to study marine biology and art. Reflecting on the difficulties of the past few years, she said graduation made it all worth it.
“This really overshadows it all,” she said. “I’m really excited to go to college.”
Morgan, who plans to start cosmetology school, perhaps put her feelings about graduation best: “I’m excited to be grown.”
Aidan Dunning runs through a tunnel of family and friends after East High School’s graduation ceremony at the Denver Coliseum. May 21, 2024.Kevin J. Beaty/Denverite
