Four Houston officers fired for fatally shooting man in April
Friday, 11th September 2020
The city's police chief announced Thursday that four Houston police officers have been terminated after an internal investigation determined they did not use reasonable force when they fired their weapons 21 times at a man who had been experiencing a mental health crisis, killing him in April after he was already injured and on the ground.
During a press conference, Houston Police Chief Art Acevedo presented video footage from body cameras that showed 27-year-old Nicolas Chavez, who had already been shot and was bleeding, kneeling on the ground and grabbing a stun gun that had been dropped when the four officers shot him.
Acevedo said although Chavez had picked up the stun gun, the officers had plenty of time to back up and take cover. Investigators later determined the stun gun Chavez grabbed was empty as both of its cartridges had been discharged.
The officers indicated they weren’t aware it was empty at the time of the shooting, Acevedo added.
Acevedo also said that Chavez was already injured, having been hit by gunfire earlier in his standoff with police. Officers had also fired bean bag rounds and stun guns at him before he was killed.
Acevedo noted that “Quite frankly, it is inexplicable to me when they had plenty of opportunities to back up and continue to be doing what they were doing for them to stay the line and shoot a man 21 times."
“I cannot defend that,” Acevedo said Chavez was not a threat to the 28 officers who were at the scene.
An autopsy indicated that Chavez had 29 total entry and exit wounds, many the outcome of bullet fragments created when rounds hit the pavement and broke apart. It also showed he had methamphetamine, amphetamine and ethanol in his system.
Leaders with the Houston Police Officers’ Union denounced the firings, saying the officers followed their training and tried to de-escalate the situation but were forced to shoot Chavez when he pointed the stun gun at them.
“It was clear these officers did not want to shoot Mr Chavez and did everything in their power not to,” said union president Joe Gamaldi.
Leantha Chavez, Nicolas Chavez’s mother, said she was pleased that the officers had been fired.
“However, it doesn’t change how my heart feels. It’s very hard to be happy and sad about something so tragic,” she said.
“Now it’s time to move on to the next step, which is charging them, " she added.
Leantha Chavez has been one of many people who attended protests earlier this year calling on authorities to take action in her son’s shooting.
His shooting is still being investigated by the Harris County District Attorney’s Office and was set to later be presented to a grand jury.
Those fired were recognized as:Officer Patrick Rubio, who had been with the department since May 2018; Officer Luis Alvarado, with the department since March 2019; Officer Omar Tapia, with the department since March 2019; and Sgt. Benjamin LeBlanc, with the department since October 2008.
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