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 16, 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 gardening 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's leg, causing him to fall and strike his head on the ground.

Despite immediate medical attention on scene and later at a hospital, Chavez succumbed to his injuries on January 16, 2022. The OCDA's investigation found no evidence that Chavez was actually armed at the time of his encounter with the police. The only item recovered from the scene was the gardening tool, which was later determined to be a non-threatening garden hoe.

The OCDA's decision not to file charges against the officers involved was based on the belief that they acted in good faith and in accordance with their training and departmental policies. The investigation also revealed that the officers had reason to believe Chavez was armed due to the initial reports they received and their observations during the encounter.

The incident sparked protests and calls for accountability from community members and advocacy groups, who questioned why lethal force was used against an elderly man who was not actually carrying a weapon. The OCDA's decision not to press charges has further fueled the ongoing debate over use of force policies and the role of law enforcement in such situations.

It is important to note that this summary is based on publicly available information and should not be considered an exhaustive account of the incident or the investigation's findings. For a more comprehensive understanding, it is recommended to refer to the official reports and statements from the Orange County District Attorney's Office and the Santa Ana Police Department.