OCDA clears Santa Ana officers of wrongdoing in 2022 death of 73-year-old man bitten by K-9 dog

The Orange County District Attorney (OCDA) announced on March 15, 2023, that no charges would be filed against the Santa Ana Police Department officers involved in the 2022 fatal encounter with a 73-year-old man named Jose Chavez. The incident occurred on January 15, 2022, when police responded to reports of a man with a gun in a residential area of Santa Ana, California.

Upon arrival, officers encountered Chavez in his backyard and gave him verbal commands to surrender. According to the OCDA report, Chavez ignored the commands and advanced towards the officers with a garden tool, which was mistakenly perceived as a weapon due to its length and shape. In response, one of the officers released their K-9 partner to apprehend Chavez. The K-9 bit Chavez multiple times, resulting in severe injuries.

Chavez was transported to a local hospital where he later succumbed to his injuries on January 16, 2022. The OCDA's investigation revealed that no firearm was found at the scene or on Chavez's person during or after the incident. The garden tool, which was later identified as a long-handled pruning shear, was the only item discovered near him.

The OCDA's investigation included interviews with witnesses, review of body camera footage, and an autopsy report. The autopsy confirmed that Chavez's cause of death was from injuries sustained during the encounter with the K-9. The report also noted that Chavez had a history of mental health issues and had previously made threats to harm himself and others.

The OCDA determined that the officers involved acted reasonably based on the information they had at the time and the threat they perceived. The report stated that the officers believed they were dealing with an armed and potentially dangerous suspect and were following established protocols for handling such situations. The decision not to file charges against the officers was made after careful consideration of all available evidence and applicable laws.

The incident sparked protests and calls for accountability from community members and advocacy groups, who questioned the use of force and the lack of a clear justification for the deployment of the K-9. The OCDA's decision not to file charges did not sit well with some, who continue to call for transparency and reforms in policing practices. The case remains a subject of ongoing debate and discussion within the community and beyond.