San Jose man lunged at officers with 12-inch knife before he was shot to death by Pleasanton police

2 years ago
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Cody Chavez, 33, a domestic violence suspect who refused to leave his girlfriend’s apartment on Feb. 17 after allegedly assaulting her, came within about four to six feet of police officers who were trying to get him to surrender, police said.

“We had made numerous attempts to contact him,” Pleasanton police Lt. Erik Silacci said in an interview. “We did actually speak with him on two separate occasions … At one point, he stopped talking to us.”

Although Pleasanton police and the Alameda County District Attorney’s Office continue to investigate the shooting, Pleasanton police took the unusual step of quickly releasing the videos from different angles to show what happened. Technicians spent several days editing the drone and four officers’ body-cam videos together with Chavez’s victim’s 9-1-1 call to create an 8-minute release on YouTube.

“We wanted to provide some context behind the incident and allow the public to see what happened,” Silacci said.

The standoff with Chavez at an apartment complex at Willow Road and Owens Drive began around noon, minutes after Chavez’s girlfriend called police to report that he had assaulted her about 2 or 3 a.m. and was still inside her residence. The unidentified woman told the 9-1-1 dispatcher that Chavez had covered her face with a pillow, pushed her, pulled her hair and wouldn’t let her leave the room.

Silacci described it as a “very violent struggle” and said the victim was unable to leave the apartment until hours later. She called police from a safer location in the complex, telling officers she believed he was still there. The woman told the dispatcher Chavez had threatened to jump out a side window, so they should approach the front door.

According to the video, officers spoke with the victim at the safe location and went to the apartment. Although unsuccessful in their attempts to talk to him, the officers could see Chavez inside, looking out a window. He ignored their efforts over a public address system to surrender. Detectives then sought an arrest warrant signed by a judge.

Silacci said police had come in contact with Chavez in January, when the victim reported a previous domestic violence incident. She sought an emergency protective order to keep him away from her, but it had expired. Silacci said officers knew Chavez had a criminal record in Santa Clara County.

In her 9-1-1 call, the victim called Chavez a “smooth operator” who “got me back in.”

Police body camera video shows the officers outside the apartment making efforts to talk to Chavez over a loudspeaker.

“Cody Chavez, it’s the Pleasanton Police Department. We know you are inside,” an officer said. “You need to come outside. Open the door with nothing in your hands. Hands up and you will not be harmed.

In the meantime, according to police, more officers and detectives, including crisis negotiators, arrived at the scene. Chavez, police said, did not respond to the negotiators.

After 40 minutes, police decided to send a robot into the apartment to try to resume contact. The video shows officers approaching the front door, carrying “less lethal” weapons and a shield. Using a battering ram, they broke the door open to enable the robot to be able to move inside as officers retreated.

Police, however, said Chavez opened and closed the door multiple times. Officers could see a knife in his hand. As the robot tried to ram the door open, officers devised a plan to break a window around the corner from the door to allow a drone a path to observe inside.

Those officers smashed the window, while other officers kept watch. Two officers, one in an armored vehicle parked across from the front door, and another adjacent to him, acted as protection.

Chavez then opened the door and walked out. He had the knife in his hand. As he turned the corner, he appeared to rush at the officers who had broken the window. The two officers out front opened fire with rifles and real ammunition to protect the others. A tree obscures a full view.

Police identified the officer on the armored vehicle as Brian Jewell, on the force for four years; and 7-year-veteran Mario Guillermo.

Chavez got within feet of the officers who broke the window. One of those officers fired a less-lethal round at Chavez, but another officer did not know Chavez was behind him, Silacci said.

Another officer with less-lethal rounds near the armored vehicle also fired his gun. Less-lethal rounds are either plastic balls or bean bags.

Paramedics who were waiting nearby were called to treat Chavez. Chavez was pronounced dead at the scene.
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