“Oh, it’s absolutely troubling, but I’m just a lawyer, I’m not the family who lost a loved one,” said Izaak Schwaiger, an attorney representing the family of David Pelaez Chavez in a federal lawsuit against the Sonoma County Sheriff’s Office and the deputy who shot him. “And for those folks out there who are relying on some oversight … to just get turned a cold shoulder like this is indefensible, and it’s a misapplication of the attorney general’s duty under the law.”
In that case, even the Sonoma County district attorney has complained that the state Justice Department needed to be more transparent about its decision to not investigate.
The two authors of the original bill creating the program refused to comment on the way the Justice Department has been handling cases. One is Assemblymember Kevin McCarty, the Sacramento Democrat whose spokesperson said he would soon introduce legislation expanding the Justice Department’s mandate to investigate all deaths at the hands of law enforcement. The other is Attorney General Rob Bonta, a former legislator who now heads the Justice Department.
Other legislators heavily involved with policing also refused to comment. A spokesperson for Assemblymember Reggie Jones-Sawyer, a Los Angeles Democrat and chair of the Assembly Public Safety Committee, said he would issue a statement, then stopped returning calls and text messages.
No one, it seemed, wanted to talk. A number of the groups who were registered supporters of the original legislation creating the Justice Department program didn’t return calls or emails from CalMatters, or declined to comment. One person who wouldn’t be quoted by name said that the groups worried that publicizing each call from a law enforcement agency would make the agencies less likely to report their shootings in the future.
“There should be some record, a digital record, that a telephone call was made,” said David Loy, legal director of the First Amendment Coalition. “Incoming and outgoing calls, even if it’s only to record … the fact that a call was made should be [available]. I mean, my cellphone bill has a record. Every call that came in and out of my cellphone, that’s a record that exists. I can’t believe that the state doesn’t have a similar record.”
Shot shoeless in a creek
One of the calls the Justice Department chose not to investigate came from the Sonoma County Sheriff’s Office.
At about 7:30 a.m. on July 29, 2022, Sonoma County dispatchers took a call about a man breaking a house’s window with a rock. Deputies found 36-year-old David Pelaez Chavez in a hilly area and tried to communicate with him in Spanish, according to body camera footage released by the Sonoma County Sheriff’s Office.
The deputies did not tell Pelaez Chavez in Spanish to drop the hammer and tiller he was holding in one hand, and the rock he held in the other. As he bent over, standing shoeless in a creek, a deputy shot and killed him.