The Orange County District Attorney’s Office’s has concluded their investigation into the custodial loss of life of 73-year-old Miguel Chavez, in an incident involving his September 13, 2022, arrest and subsequent loss of life on September 15, 2022.
The OCDA determined that that there isn’t a proof of legal culpability on the a part of any SAPD officer concerned within the arrest of Chavez.
On September 13, 2022, at roughly 1:45 p.m., SAPD Dispatch obtained a name from a citizen and the OCFA, advising of a site visitors collision on the intersection of Broadway Avenue and 19th Street. Parties reported a white van was concerned within the collision and was leaving the scene south on Broadway Avenue. SAPD items had been dispatched to the intersection and advised a white van was leaving the scene.
SAPD Ok-9 Officer Mark Shifflett heard the decision for service as he was touring south on Broadway Avenue close to seventeenth Street. Officer Shifflett noticed a white van touring south on Broadway with entrance finish collision injury. The driver of the van was later recognized as Miguel Chavez. Officer Shifflett noticed Chavez flip west from Broadway Avenue onto Civic Center Drive.
Officer Shifflett was driving a black and white marked SAPD patrol unit with overhead emergency lights. Officer Shifflett was wearing a typical blue SAPD uniform with a physique worn digicam (BWC) connected at chest stage. The BWC was activated on the time of the incident.
At roughly 1:49 p.m., Officer Shifflett tried to conduct a site visitors cease on Chavez by activating his emergency lights. Chavez, nevertheless, didn’t cease. Officer Shifflett was joined by SAPD Officer Alex Gomez as he continued to observe Chavez west on Civic Center Drive. Chavez turned north on Flower Street and pulled to the curb at 1317 North Flower Street.
At roughly 1:51 p.m., Officer Shifflett stopped behind Chavez and gave verbal instructions for him to place his automobile in park and throw the keys out the window. Additional SAPD officers arrived on the scene, and Officer Gomez repeated the instructions to Chavez in Spanish. Chavez appeared again on the officers, then drove off north on Flower Street.
SAPD officers pursued Chavez all through town for greater than ten minutes. Chavez briefly stopped a number of occasions earlier than persevering with to flee. Each time, SAPD officers ordered Chavez in English and Spanish to exit the van. Chavez didn’t comply.
At roughly 1:58 p.m., SAPD Dispatch obtained a name from a citizen stating he noticed Chavez probably armed with a “weapon” or “dark object with a barrel” in his proper hand. SAPD Dispatch broadcast to items that Chavez was probably armed.
At roughly 2:04 p.m., Chavez pulled in and parked in a marked parking stall on the CVS comfort retailer, positioned at 102 North Main Street, Santa Ana.
SAPD Officers blocked Chavez’ automobile and commenced giving Chavez instructions to exit and give up. SAPD Officer Jose Rosales repeated the instructions to Chavez in Spanish. Chavez moved to the passenger aspect of the van, opened the door, and communicated with officers by the open door. Chavez refused to adjust to the officer’s directions to exit the van.
SAPD Sergeant Michael Gonzalez was on the scene and developed a tactical plan to method and apprehend Chavez. Sgt. Gonzalez assembled an arrest group and positioned much less deadly choices, which included a police Ok-9 and two 40mm less-lethal launchers. SAPD officers continued to barter with Chavez, however he refused to exit the van.
At roughly 2:11 p.m., Sgt. Gonzalez ordered SAPD Officer Jonathan Chavez to fireplace one spherical from his 40mm much less deadly launcher at Chavez. Officer Chavez aimed for Chavez’ decrease stomach after which fired one spherical. The spherical hit Chavez within the stomach, nevertheless, he remained within the van and shut the passenger door.
Officer Rosales negotiated with Chavez for a further ten minutes. Chavez briefly opened the passenger door to speak with Officer Rosales. Officer Rosales continued giving Chavez orders to give up, however Chavez refused to conform.
Sgt. Gonzalez instructed Officer Shifflett to organize to deploy Ok-9 “Kuno” in an try to take away Chavez from the van.
At roughly 2:21 p.m., and upon instruction from Sgt. Gonzalez, SAPD Officer Sean Anthis and Officer Chavez every deployed one spherical from their 40mm much less deadly launchers at Chavez, as Ok-9 Officer Kuno was despatched to apprehend him. Chavez was struck by each much less deadly rounds instantly previous to Kuna coming into the van by the open passenger door. During these occasions, SAPD officers continued to order Chavez to give up.
At roughly, 2:23 p.m., SAPD officers made bodily contact with Chavez, and Officer Shifflett referred to as Kuno off the chew. Chavez was then faraway from the van and handcuffed. SAPD officers instantly started treating Chavez for canine chew accidents to each his proper arm and decrease proper leg. A request was broadcast to have Orange County Fire Authority (OCFA) paramedics reply to the scene.
At roughly 2:29 p.m., OCFA Engine 75 arrived on the scene. An OCFA paramedic noticed Chavez being handled by SAPD officers as he was seated handcuffed close to a automobile. The paramedic was knowledgeable Chavez was struck by a number of much less deadly munitions and had a number of canine bites from the police Ok-9.
OCFA assumed care of Chavez and located him awake and alert. Upon evaluation, his very important indicators had been discovered to be secure. Tourniquets and bandaging had been utilized to Chavez’ proper arm and proper leg. The paramedic additionally seen Chavez had bruising to his proper higher torso and proper thigh. Chavez appeared confused and reported having diabetes and hypertension. The paramedic stabilized Chavez and rode with him to Orange County Global Medical Center (OCGMC). Chavez remained in secure situation whereas in transport.
At roughly 3:00 p.m., Chavez arrived on the hospital and his care was relinquished to OCGMC medical workers.
At roughly 3:04 p.m., Chavez was admitted to OCGMC for a canine chew to his proper decrease arm and a canine chew to his proper decrease leg. Chavez was oriented, coherent. and had regular temperature and pores and skin shade. In addition to the canine bites, Chavez was discovered to have sustained a spherical two inch wound to his stomach, and a hematoma to each his proper leg and internal proper thigh. Chavez reported a historical past of stroke, diabetes, and hypertension. Chavez additionally had bruising to his proper rear flank, which he claimed occurred 4 days prior when he fell off a ladder or stool.
Chavez was taken to an working room the place an OCGMC surgeon handled his canine chew wounds by eradicating useless tissue and suturing the injuries.
In addition to treating the canine chew wounds, medical workers carried out a number of further evaluations on Chavez. This included an ultrasound examination of his chest, a handbook and visible examination of his stomach, chest, and backbone, and a computed axial tomography (CAT) scan of his mind. Apart from quite a few calcified gallstones, no abnormalities or additional accidents had been recognized. As a end result, Chavez was moved to the 4th ground of OCGMC, room #418, to recuperate.
On September 14, 2022, the OCGMC surgeon contacted Chavez to examine on his situation. Chavez complained of decreased movement to his proper foot, proper knee, proper hand, and proper arm. The Doctor indicated Chavez’ complaints had been anticipated primarily based on the accidents he sustained.
Chavez was to stay hospitalized and a proper arm pores and skin graft surgical procedure was scheduled for September 16, 2022. Additionally, Chavez was prescribed treatment to manage blood sugar, ulcers, diabetes, anxiousness, bacterial infections, constipation, low potassium, and ache.
Chavez’ medical data point out that after being handled, he was consuming nicely and urinating usually. Chavez additionally slept, appeared comfy, and confirmed no indicators of misery. He spoke lucidly with medical workers and recalled particulars of the incident involving the police. Chavez indicated to medical workers that he was confused on the time he was contacted by police and expressed regrets for not obeying their instructions.
At roughly 8:00 p.m., an OCGMC Registered Nurse (RN) contacted Chavez originally of her shift. The RN famous that Chavez was alert, oriented, and communicated clearly. Since Chavez sustained what had been believed to be non-life-threatening accidents, he was not linked to an electrocardiogram monitor.
At roughly 10:22 p.m., Chavez was administered 3.375 grams of Zosyn by way of intravenous line. Zosyn is used to deal with bacterial infections.
In an interview with OCDA investigators, the RN said she contacted Chavez quite a few occasions all through her shift that night. Chavez as soon as talked about having weak point in his proper arm and reported having a earlier stroke. He didn’t report another misery.
On September 15, 2022, at roughly 12:30 a.m., the RN contacted Chavez to reposition him in his mattress. She didn’t discover Chavez to be in misery.
At roughly 2:16 a.m., the RN returned to Chavez’ room to additional study a wound on Chavez’ left foot. When she entered the room, she famous that Chavez seemed to be asleep. She tried to wake him, however discovered him unresponsive and pale. Upon additional analysis, she decided he was pulseless and never respiration. The RN instantly referred to as for help and began cardiopulmonary resuscitation.
At roughly 2:18 a.m., OCGMC Code Team medical workers started arriving at Chavez’ room. An OCGMC medical physician assumed management over Chavez’ airway and intubated him. Despite using a number of superior cardiac life help measures, Chavez failed to reply.
At roughly 2:34 a.m., he was pronounced deceased.
AUTOPSY
On Friday, September 16, 2022, at roughly 8:00 a.m., Forensic Pathologist Doctor Nicole Ellis carried out the postmortem examination of Chavez on the Orange County Sheriff-Coroner Forensic Science Center.
An OCCL Forensic Specialist took 73 shade digital pictures and an OCCL Forensic Scientist collected a blood/muscle commonplace.
Dr. Ellis famous that Chavez suffered from diabetes and seen blockage to the main arteries of his coronary heart. Dr. Ellis indicated that the accidents Chavez sustained didn’t seem life-threatening, however might have brought on an excessive amount of blood loss. Dr. Ellis deferred opining on the trigger and method of loss of life till toxicological and microscopic exams had been accomplished.
On June 8, 2023, Dr. Ellis issued a remaining report. Dr. Ellis recognized Chavez’ explanation for loss of life as “severe ischemic cardiovascular disease complicated by canine injuries” and the way of loss of life as “homicide.”
OFFICER USE OF FORCE
The information on this case are decided by contemplating SAPD officers’ experiences and BWC video,
which had been supplemented by further percipient witness statements and related bodily proof associated to this incident.
The situation is whether or not the conduct of any SAPD officers on September 13, 2022, was criminally culpable and with out justification. As said above, to cost any SAPD officer with a legal violation, it’s required that the prosecution be capable to show past an inexpensive doubt that no authorized justification existed for his or her conduct. Therefore, on this case, the prosecution should show past an inexpensive doubt that they didn’t act in a lawful method whereas effectuating Chavez’ arrest. If any SAPD officers’ actions on September 13, 2022, had been justifiable as lawful self protection or protection of others, or moderately essential to impact the arrest of Chavez, then legal prices is not going to be warranted.
In this case, SAPD officers had been justified in utilizing power to arrest Chavez. This conclusion relies on the totality of the circumstances offered.
Chavez had fled from the scene of an accident. He didn’t cease and exit his automobile as soon as officers positioned him. He repeatedly, for roughly ten minutes, engaged in an on-and-off pursuit by the streets of Santa Ana. Even when he stopped in the course of the pursuit, he refused to exit the van. Ultimately, when he lastly stopped on the CVS, he nonetheless refused to exit the automobile.
SAPD officers had no approach of understanding whether or not Chavez was armed. There was actually info offered to them by dispatch to cause them to consider he was armed. Once cornered, SAPD officers used much less deadly power to arrest him. Under the totality of the circumstances, this power was not extreme.
Based on Chavez’ conduct, his refusal to adjust to lawful instructions to cease, his refusal to exit his automobile, and the data from dispatch of a attainable weapon, it was objectively affordable for SAPD officers to consider the usage of non-lethal power was mandatory. As a end result, SAPD officers’ response and the usage of power was justified and the power used was applicable for the circumstances.
As described above, for any SAPD officer to be justly and lawfully charged and convicted of a criminal offense on this incident, it’s the OCDA’s burden to show past an inexpensive doubt that they did use extreme power on Chavez. The prosecution can be unable to hold this burden on this case. Simply said, SAPD officers carried out their duties as peace officers in an inexpensive and justifiable method.
The SAPD owed Chavez a authorized responsibility of care as soon as he was taken into custody, however the proof doesn’t help a discovering that this responsibility was breached – both deliberately (as required for homicide), or by legal negligence (as required for involuntary manslaughter). California Government Code 854.6 supplies {that a} public worker and the general public entity are liable if the staff is aware of or has cause to know that the prisoner is in want of rapid medical care and fails to take affordable actions to summon such care.
Officers from the SAPD took affordable motion to summon take care of Chavez as soon as he was restrained. This request got here on the similar time that Chavez was taken into custody. OCFA paramedics arrived and made preliminary contact with Chavez six minutes after being referred to as. The proof establishes that officers from SAPD promptly requested medical take care of Chavez.
Furthermore, after Chavez had been restrained and handcuffed, officers instantly started attending to his wounds and requested emergency medical help. Within six minutes, OCFA arrived and commenced therapy and in the end transported him to OCGMC.
In quick, there isn’t a proof that SAPD personnel or anybody beneath their management failed to supply all affordable and mandatory care to Chavez after being restrained.
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