CA DOJ refuses to charge CHP officer that shot and killed unarmed man in El Sereno

While the California Department of Justice will not press charges on a California Highway Patrol officer that shot and killed an unarmed man in El Sereno, the agency has issued recommendations for law enforcement.

"The loss of life is always a tragedy. We understand that this incident was difficult for everyone involved, including the family of Mr. Chavez, law enforcement, and the community at large," said Attorney General Bonta. "We hope that this report will provide some clarity and help us move forward together towards a safer, more just California."

The deadly shooting happened on Sept. 28, 2021, after Leonel Chavez sideswiped a black Chevrolet Camero at the intersection of Medford and Indiana Streets, near the USC Keck School of Medicine. Chavez tried to drive away but his car was disabled and he only made it 500 feet away from the crash, according to the DOJ. 

After about 30 minutes, Officer Daniel Castanada and his trainee Jennifer Sanchez arrived at the scene. At the time, Castaneda had served five years with the department, while Sanchez had only started three months before. 

The officer encountered Chavez after talking to a witness who described him as "agitated." The witness also claimed that Chavez threatened him by "nudging this hip," the DOJ said. 

Castaneda decided to detain Chavez to investigate the apparent hit-and-run. At first, Chavez seemed to comply. Because of the alleged threat to the witness, the officer decided to frisk the man to ensure he was not armed. Amid the attempted detainment, Chavez spun around and tried to grab Castaneda's gun multiple times, according to the DOJ. 

The two officers drew their firearms after Castanada was able to break free from Chavez's grasp. The suspect raised his hands above his head but continued to walk toward the pair. 

Chavez then clenched his fists and continued to approach the officers. Castanada used his Taser on Chavez but it had no effect on the man. Chavez then charged at Castaneda. While Chavez was unarmed, according to the DOJ, Castanada believed he "would tackle him, take his firearm, and shoot both him ad his partner officer."

While the DOJ declined to prosecute either of the officers involved, they had concerns regarding the shooting, specifically the fact that CHP officers do not wear body cameras.

"Officer Castaneda can be seen pointing and motioning to Officer Sanchez to come toward him; then they move to the side of the patrol car out of view of the camera. At this time, Officer Castaneda can be heard (on Sanchez's audio) forcefully instructing Officer Sanchez," the justice department stated in their report. "'Don't say (expletive) to anybody.' Officer Sanchez then mutes her microphone and then reactivates it later after the conversation with Officer Castaneda is over."

The practice of the officers muting their microphones raised concerns that they could have prevented "the collection of valuable evidence."

To prevent a similar incident the DOJ recommended:

• Law enforcement entities update their training on use of force policies, 
• Increase transparency and accountability in critical incidents involving officers 
• And equip all CHP officers with body-worn cameras 

The Chavez family said they were outraged by the ruling and will continue to fight the case in civil court.