Family of intoxicated California man killed by police sues
MODESTO, Calif. (AP) — Lawyers filed a wrongful death and excessive force lawsuit against the city of Modesto after police fatally shot an intoxicated man armed with a trailer hitch after his father-in-law called 911 seeking help.
Civil rights attorney John Burris announced the federal lawsuit Tuesday at the Modesto home of David Chavez, 30, who died after police were called there July 14. Burris said police had an opportunity to de-escalate the situation but did not, showing a callous disregard for human life.
“The police were called to protect the family, but because they failed to communicate, lack of patience, or worse yet, lack of respect for lives in this community, they destroyed the lives of the people they were called to protect,” Burris said in a statement.
In response, the Modesto Police Department posted information about the fatal encounter on social media, The Modesto Bee reported. The video montage includes a 911 call made by a man eventually identified as Chavez’s father-in-law, who said that his son-in-law was drunk and at his door, threatening his life and ripping off the screen door.
The caller said Chavez had picked up a tow hitch and called it a weapon.
Responding officers told Chavez repeatedly to drop the hitch, but he didn’t. Police shot twice and used a Taser on him. Chavez later died at a hospital.
In the video, Modesto Police Chief Brandon Gillespie said the California of Department of Justice will not investigate the officer shooting because Chavez was carrying a deadly weapon, the trailer hitch. The department is charged with investigating officer shootings that result in the death of unarmed civilians.
Burris said Chavez was not holding the trailer hitch in a threatening manner. He and the family are calling for the officer who fired to be prosecuted for manslaughter or murder.
The police department is conducting both criminal and administrative investigations, and the district attorney’s office is conducting its own review, Gillespie said.
