Pleasanton Police Justified In February 2022 Fatal Shooting: DA

PLEASANTON, CA — Two Pleasanton officers were justified in fatally shooting a knife-wielding man last February, the Alameda County District Attorney concluded in a report released Friday. No criminal charges will be filed against PPD Officers Brian Jewell and Mario Guillermo, who opened fire on a domestic violence suspect who came at them with a long knife following a prolonged standoff.

“The available evidence indicates Pleasanton Police Officers were justified in believing that Cody Chavez posed a significant threat of death or serious physical injury to himself and others,” the report concluded.

The incident took place on Feb. 17, 2022, when officers responded to a 911 call from a woman that her boyfriend, Cody Chavez, had assaulted her and smothered her with a pillow, and was attempting to re-enter her apartment despite a restraining order.

When officers arrived on the scene at The Galloways apartment complex on 4899 Willow Road, the anonymous witness told officers that that Chavez had beaten her, smothered her with a pillow, took away her phone when she said she was going to call the police, and threatened to kill her if she called the police. The witness reported that Chavez allowed her to leave the following morning.

Officers attempted to enter the ground-floor apartment around 1 p.m. through a variety of methods, including knocking on the door, making announcements through their car’s PA system. Officers attempted to contact Chavez through the PA system for roughly three hours, according to the report. Officers attempted to enter the apartment using a code, but Chavez continually relocked the door.

At 1:40 p.m., a SWAT and Armored Response Vehicle arrived on scene. At 2:10, a crisis negotiating team arrived. Crisis negotiators attempted to negotiate with Chavez through numerous calls and texts, but he either did not answer or hung up. Officers also attempted to deploy a robot to enter the door, but Chavez blocked the door, and eventually threw the robot out.

During that time, officers obtained a warrant signed by a judge for Chavez’s arrest in response to his assault and imprisonment of the witness. Officers were also advised that Chavez had previous arrests on charges of resisting arrest, assault on officers, assault with a deadly weapon and domestic violence.

Officers eventually determined they would break the front living room window and insert a drone in the apartment. SWAT Officer Brian Jewell was located in the turret on top of the ARV with a department-issued rifle, while SWAT Officer Mario Guillermo was located near the front passenger side wheel of the ARV with a department-issued rifle.

Chavez eventually exited, carrying a knife, which drone video footage shows. Officers commanded Chavez to drop the knife, which he ignored. He walked out toward the ARV in front of the apartment, facing the officers. Eventually, Chavez turned his body in the direction of the officers. At that point, Repetto fired two bean bag rounds at Chavez from the front of the ARV.

After that, Chavez “leaned his upper torso forward in an athletic stance and took a large, fast step” toward the officers. He then began to run toward them. Another officer fired at him, to no effect. Officer Jewell then fired five rounds, and Officer Guillermo fired two rounds. Chavez fell forward and was pronounced dead by ambulance personnel.

California law holds that homicide is justifiable and lawful when it is committed by a person who reasonably believes that they are in imminent danger or being killed, reasonably believe the use of deadly force is necessary to defend themselves, and use no more force than reasonably necessary to defend against that danger.

The 10-month investigation said that it found “overwhelming, credible, and admissible evidence that Officer Jewell and Officer Guillermo acted lawfully and in defense of others.” Investigators pointed to evidence that:

• Officers tried many other ways of contacting Chavez before resorting to force.
• Chavez continually resisted arrest.
• Available evidence indicates Chavez “posed a significant threat of death or serious physical injury to himself and others” based on prior arrests and other information available to the officers.

The PPD released this edited video on YouTube in February that provides footage and information regarding the incident.