Civil Rights Attorney John Gomez Secures Justice for the family of Anthony McGaff

Attorney John Gomez joined by members of the McGaff family and other trial Lawyers from the Gomez law firm speaks at a press conference following the verdict. (Raymond Williams)

By San Diego Monitor News Staff

San Diego civil rights attorney John Gomez has secured an 8.5-million-dollar judgment for the family of Anthony McGaff, marking one of the most closely watched transit-safety cases in recent local memory. The verdict, delivered after days of jury deliberation, speaks not only to the tragedy of McGaff’s death but also to wider questions about how public agencies respond when danger unfolds in real time.

The case stems from an incident aboard MTS Bus 235 on April 30, 2022. What began as a dispute over a passenger recording McGaff on her phone escalated into a physical struggle involving multiple riders. Video from the bus, played repeatedly during trial, shows one passenger restraining McGaff in a chokehold while others held his legs. As McGaff lost consciousness, the bus continued traveling down the freeway without stopping for several minutes. By the time first responders reached him, McGaff could not be revived.

Gomez, who represented the McGaff family alongside his trial team, argued that the bus operator’s inaction was a critical failure that allowed the situation to turn fatal. In doing so, he framed the case as not only about accountability but about the unseen expectations placed on public-transit riders who rely on operators to intervene when moments turn perilous.

Following the verdict, Gomez spoke during a press conference and reflected on the stakes behind the lawsuit. “Anthony didn’t get the basic protections every passenger deserves,” he said. “When someone’s life is visibly in danger, a driver can’t simply keep going as though nothing is happening.”

The jury ultimately found MTS partially responsible, assigning 40 percent of the fault to the agency. The remaining fault was placed on the passengers who physically restrained McGaff. While those individuals were not on trial, the apportionment helped define the broader picture of how responsibility is distributed in chaotic moments. For McGaff’s family, the verdict represents a form of recognition that has felt overdue. His mother, Angela, said outside the courthouse that the decision gives her “a small piece of justice for what Anthony went through,” adding that the hardest part has been “knowing he asked for help in his final moments and didn’t get it.”

MTS issued a statement acknowledging the jury’s decision and insisting that safety remains a primary focus for the agency. Yet the verdict is likely to intensify pressure on transit systems to revisit how operators are trained to handle crises as they unfold in moving vehicles—a circumstance where decisions must be made instantly and under stress. While public commentary around the case has often zeroed in on the surveillance footage, Gomez urged viewers during the press conference at the Hall of Justice to see beyond the clips. He described McGaff as a young man whose life “should not be reduced to a few minutes of video,” and emphasized that the family’s pursuit of the lawsuit was as much about remembering who he was as it was about confronting what happened on the bus.

McGaff’s father, James Smith, echoed the sentiment. He said the verdict helps ensure his son’s story will not simply be absorbed into the noise of everyday tragedies. “Anthony had a sharp mind and a drive to build a future,” Smith said. “He deserved a chance to grow into the life he wanted.” Although the monetary award brings the legal chapter to a close, the implications of the case will likely linger. It raises questions about how transit agencies can better respond to violent or escalating encounters, whether operators should be given clearer instruction to stop immediately when a restraint is occurring, and how the public perceives safety on buses that are increasingly viewed as extensions of the city’s streets.

Gomez, known for his work in civil rights and high-stakes litigation, noted that cases like this carry broader lessons for public institutions. “Change doesn’t come from looking away,” he said during the livestream. “It comes from confronting the hard truths of what went wrong.”

For the McGaff family, the verdict is not an ending but a marker—a public acknowledgement of a life lost, and a reminder of the responsibilities borne by systems meant to serve and protect the community.