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 incident where a 73-year-old man named Manuel Diaz Chavez was bitten by a police K-9 during an arrest. The incident occurred on January 15, 2022.

According to the OCDA's press release, the Santa Ana Police Department had responded to a call regarding a suspicious person near the intersection of McFadden Avenue and Westminster Avenue. The reporting party stated that they saw a man, later identified as Chavez, acting erratically and carrying a gun. The officers arrived at the scene and located Chavez in a nearby park.

Upon approaching Chavez, the officers gave him verbal commands to surrender and drop any weapons he may have been carrying. However, Chavez did not comply and instead advanced towards one of the officers with an unknown object in his hand. Fearing for their safety and believing that Chavez posed an imminent threat, the officers deployed their K-9 partner to apprehend him.

The K-9 bit Chavez during the ensuing struggle, and despite receiving medical attention at the scene, he later succumbed to his injuries at a local hospital. The officers involved in the incident immediately requested a search warrant for the area where Chavez was detained, fearing that a weapon might be hidden nearby.

Upon executing the search warrant, no weapon was found at the scene. The OCDA's investigation, which included interviews with witnesses and a thorough review of all available evidence, corroborated the officers' statements and determined that they acted lawfully and in self-defense during the incident.

The OCDA's press release also noted that Chavez's autopsy report revealed no signs of drug use or alcohol intoxication at the time of his death. The investigation further revealed that Chavez had a history of mental health issues and had been previously detained by law enforcement for similar behaviors.

The Santa Ana Police Department expressed their condolences for Chavez's family and reiterated their commitment to transparency and accountability in their interactions with the community. The department also stated that they would continue to cooperate fully with any ongoing investigations or reviews related to the incident.

The OCDA's decision not to file charges against the officers involved in the incident was based on the facts and evidence presented during their investigation and is in line with California law regarding use of force by law enforcement officers. The case remains under review by the Orange County Human Rights Commission and the Department of Justice's Civil Rights Division.