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 located Chavez in a backyard and gave him verbal commands to surrender. According to the OCDA report, Chavez ignored the commands and advanced towards one of the officers with a gardening tool, which was mistakenly perceived as a weapon due to its length and shape. In response, an officer released a K-9 named Max to apprehend Chavez. Max bit Chavez, who subsequently suffered severe injuries and later died at a hospital.

The OCDA's investigation revealed that no gun was found on Chavez's person or in the area where the encounter took place. The gardening tool, which measured approximately three feet long, was the only item discovered near him. The investigation also included interviews with witnesses and a review of body camera footage from the officers involved.

The OCDA determined that the officers acted reasonably based on the information they had at the time and the threat they perceived. The decision not to file charges against the officers was made after careful consideration of all available evidence and California law.

It is important to note that the investigation and decision not to file charges do not absolve the officers of any potential civil liability or internal departmental review processes. The family of Jose Chavez has expressed their intention to pursue a civil lawsuit against the Santa Ana Police Department.

The incident has sparked community discussions about use of force policies and the role of K-9 units in law enforcement. The Santa Ana Police Department has stated that they will continue to review their policies and procedures regarding the use of force and K-9 units.