|
Getting your Trinity Audio player ready...
|
Two Pleasanton Police Department officers will not face criminal charges for fatally shooting a man armed with a knife nearly three years ago, following a second investigation into the case ordered by outgoing Alameda County District Attorney Pamela Price.
In a press release issued less than an hour before her recall was certified by election officials Thursday (Dec. 5), Price confirmed that her Public Accountability Unit cleared officers Brian Jewell and Mario Guillermo of criminal wrongdoing for the death of Cody Chavez outside the Galloway Apartments on Willow Road in February 2022 despite concluding officers engaged in “unnecessary escalation” during their response to a domestic dispute turned standoff.
“While this is certainly a tragic outcome and series of events, the PAU has concluded that Officers Guillermo and Jewell cannot be held criminally liable for the killing of Mr. Chavez,” Price said. “The prosecution cannot prove, beyond a reasonable doubt, that the use of lethal force by Officers Jewell and Guillermo was unjustified.”
She added that the reinvestigation of the case found evidence to “point to an unnecessary escalation of force and multiple violations of Pleasanton Police Department policies for mental-health crisis interventions and de-escalation at minimum, and procedures for determining the appropriate level of force necessary to respond to this type of situation.”
The county prosecutors’ office, under former DA Nancy O’Malley, initially cleared the two officers of criminal liability in December 2022, weeks before Price took the oath of office in January 2023. By the end of that month, the Chavez case was on a list of eight fatal police shootings targeted by Price’s administration for further investigation by her then-new Public Accountability Unit (PAU).
The unit, which Price formed early in 2023, had been tasked with holding law enforcement and public officials accountable for misconduct. Price said the unit had reviewed the prior report from O’Malley, PPD policies and other case file materials such as body-camera footage, witness statements and dispatch recordings.
In a statement on Thursday evening, a PPD spokesperson told the Weekly, “The Pleasanton Police Department remains committed to ensuring the safety of our citizens and community and supports the earlier findings and the secondary review conducted by the Public Accountability Unit. Both reviews found no justification for criminal charges.”
“Unfortunately, we are unable to comment further at this time because of pending civil litigation,” the spokesperson added – likely referring to the wrongful-death lawsuit brought against the city on behalf of Chavez’s daughter.
Pleasanton Police Officers’ Association vice president Chris Lewellyn told the Weekly that the union “stands firmly behind the actions of the officers involved in the tragic incident”.
“From the very beginning, we were confident that a thorough investigation would confirm that the officers acted within the bounds of the law and in accordance with their training, ultimately making the difficult decision to use force in a situation where their lives were at risk,” Lewellyn said Friday morning. “Following the incident, the case was thoroughly reviewed by the appropriate authorities, and it was determined that the officers’ actions were justified.”
“Despite this, when a new District Attorney took office, she made the decision to reopen the case and conduct a fresh review of all available evidence,” Lewellyn added. “After a comprehensive examination of the facts, the District Attorney concluded that there was no wrongdoing on the part of the officers.”
Jewell is the current president of the police union.
“The POA continues to stand by these officers, who are dedicated professionals who serve with honor and integrity. The secondary review and findings of the case by the DA only further validates our belief that the officers acted appropriately under the circumstances,” Lewellyn said. “We are pleased that the legal process has reaffirmed that no criminal conduct occurred, and we continue to support our officers as they carry out their essential work in our communities.”
PPD first responded to a domestic violence call at the Galloway Apartments at 1 p.m. on Feb. 17, 2022, which is where they attempted to contact Chavez. Officers tried to enter the apartment after receiving a report from a woman in a romantic relationship with Chavez who said he had beaten her and attempted to smother her with a pillow the previous night.
Chavez, a 33-year-old San Jose resident, refused to answer the door and locked it after officers attempted to gain access, which led to a three-hour-long standoff, according to investigators.
PPD brought in the SWAT team and armored response vehicle followed by a crisis negotiation team who attempted to speak with Chavez who denied he was in the apartment, despite police having previously seen him peek through the windows and additional evidence, authorities said.
After obtaining a warrant for Chavez’ arrest for assault and imprisonment of the resident of the apartment, officers deployed a wheeled robot after forcing the door open, which was when they identified him and were made aware of the kitchen knife he was holding.
They then deployed a drone and as Chavez exited the front door with the knife, officers attempted to get him to stop with verbal commands and non-lethal bean bag rounds. However, Chavez reportedly moved toward officers near a window, which is when Jewell and Guillermo fired a total of seven rounds at Chavez.
Chavez was pronounced dead at the scene.
Both Jewell and Guillermo told investigators they believed Chavez intended to kill officers.
During her primary election campaign in 2022, Price had been critical of the Chavez shooting in the days after it occurred. And even now, her office said there are lessons to be learned from what happened that day although there was no criminal culpability for the officers involved.
“(PPD) deployed at least 19 police officers from Pleasanton and Livermore Police Departments with militarized equipment (an ARV-armed recovery vehicle) to arrest the suspect of a domestic violence incident that occurred 12 hours earlier, knowing the suspect posed no imminent threat to the victim, was alone, unarmed, likely under the influence of alcohol and experiencing mental health issues,” Price said in Thursday’s press release.
Downtown Livermore restaurant up for sale months after reopening from fire damageMarch 27, 2026 5:26 pm
