Lawsuit filed in case of man fatally shot by Stanislaus sheriff’s deputies
The family of a man fatally shot by Stanislaus County sheriff’s deputies at a Modesto industrial complex last year has filed a lawsuit in federal court.
Eloy Mares Gonzalez Jr., 41, was wielding a hatchet and refusing orders to surrender when he was shot around 5 a.m. Sept. 27, the Stanislaus County Sheriff’s Department said. Body camera footage of the incident was released in October.
Deputies responding to a burglary alarm call in the Beard Industrial District came upon Gonzalez, an unhoused man who stood behind a hedge next to an outside wall of a building. The deputies ordered Gonzalez to cooperate and raise his hands or he would be arrested, but he refused..
At one point, deputies realized that Gonzalez had a hatchet, authorities said. One deputy fired a “less-than-lethal” round from a beanbag shotgun. When that did not appear to seriously affect Gonzalez, another deputy sent his dog to bite Gonzalez and try to bring him out from behind the hedge.
Gonzalez attempted to choke or fight the dog with his hands before grabbing the hatchet to swing at the dog and deputies, authorities said.
The lawsuit was filed on behalf of Gonzalez’ mother, Maria Teresa Gonzalez, and his 17-year-old daughter, Heaven. Attorney John Burris said during a press conference held Thursday at the scene of the incident that there’s no justification for how the deputies reacted. “It wasn’t like he was trying to look through windows… it was his home,” he said.
Burris said that it was clear that Gonzalez was living in the area, given his makeshift home nearby. He added that deputies weren’t even sure that Gonzalez was connected to the burglar alarm, but that law enforcement should have had a conversation with him like a human being.
Burris said having dogs on the scene barking is one of the worst things law enforcement can do when responding to mental health situations because it escalates them.
“You can’t kill a mentally ill person and expect us to just accept it,” he said.
The lawsuit, filed Wednesday, names as defendants the county and Sheriff Jeff Dirkse, as well as nine individual deputies involved in the incident, including Chad Lewis and Brandon Silva, who fired the fatal shots. It claims it was clear Gonzalez, who had a history of severe mental illness, “did not understand the full reality of what was happening,” including telling deputies that his father owned the building.
Another family attorney, Ben Nisenbaum, said during the press conference that deputies should have realized Gonzalez was mentally ill, given the way he was speaking.
“Mr. Gonzalez posed no significant threat of imminent harm to anyone when defendants killed him,” the lawsuit claims. “This complaint seeks redress for the malicious killing of Mr. Gonzalez by defendants, punitive damages against defendants Lewis and Silva, and retraining and policy change by defendant County of Stanislaus to ensure that its police officers properly use the weapons deescalation training it provides them to handle people like Mr. Gonzalez in a reasonable and safe manner, instead of simply killing them.”
The Sheriff’s Department issued a statement in response to the lawsuit Thursday, saying in part, “Any loss of life, regardless of the circumstances, is always tragic. Law enforcement officers are often confronted with difficult situations. They must make split-second decisions based on multiple factors present in that very instant. This incident has been thoroughly investigated, and the Sheriff’s Office looks forward to full examination of the facts of this case. “
“Due to the pending civil litigation, the Sheriff’s Office will make no specific statement regarding the facts of this case other than what has been previously released.”
Paolo Gonzalez described his brother Eloy after the press conference as someone who thought big ideas. He said Eloy, the oldest sibling, was originally from Hollister and moved to the area in 1999.
He added that his family never just left Eloy. Relatives would continue to bring hms clothes and food after he refused to get mental help. “Yeah, he was homeless but … everyone has their issues,” Paolo said.
Paolo said the family is still devastated. “It’s unfair how people get treated,” he said. “We just want justice.”
Last month, the Stanislaus County District Attorney’s Office announced it would not file any charges against the deputies involved in the shooting.
In a report sent to Dirkse, the DA’s Office said, “Gonzalez left the involved deputies with no choice but to respond to his use of force with their own.”
Bee staff writer Kevin Valine contributed to this report.
This story was originally published July 15, 2021 at 3:26 PM.
