No charges for Stanislaus sheriff’s deputies in fatal Modesto industrial park shooting
Two Stanislaus County Sheriff’s deputies will not face charges for a September fatal shooting in Modesto after an investigation by the District Attorney’s office concluded Tuesday the incident was “justified.”
Deputies Chad Lewis and Brandon Silva shot and killed 41-year-old Eloy Mares Gonzalez Jr. during a burglary alarm call around 5 a.m. on Sept. 27, 2020, in the Beard Industrial District.
The shooting occurred after Gonzalez refused to comply with deputies’ orders, instead attacking deputies and sheriff’s K-9 with a hatchet.
“Gonzalez left the involved deputies with no choice but to respond to his use of force with their own,” the DA’s office said in its report sent to Sheriff Jeff Dirkse.
Body camera footage released from the incident shows two sheriff’s deputies who initially responded to the call confronting Gonzalez as he 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.
Additional deputies, including K-9 deputies Lewis and Silva, arrived on scene. Lewis told Gonzalez to get on his stomach or he would be attacked by a K-9.
Other deputies realized Gonzalez had a knife-like weapon, which would later be identified as a hatchet, on the ground nearby.
Gonzalez still was not complying with orders, so one deputy fired a “less-than-lethal” round from a beanbag shotgun. When the round did not appear to seriously affect Gonzalez, Lewis 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.
Lewis then fired three times at Gonzalez, and Silva fired once, a combination that fatally injured Gonzalez. Another deputy fired more “less-than-lethal” rounds in an attempt to protect the other deputies.
Gonzalez was later pronounced dead at a local hospital.
Lewis sustained a laceration to his shin and broke his finger during the altercation, according to the DA’s office. Silva’s leg was also cut, according to the report.
Deputies Lewis and Silva said in interviews following the shooting that they believed Gonzalez was trying to kill or seriously injure deputies and the K-9, according to the DA’s office.
“(Deputy) Silva said that he was scared and in fear for his life and (Deputy) Lewis’s life at that moment,” the DA’s office said.
The DA’s office said the shooting met the three standards for a justified peace officer shooting under California law because deputies “reasonably believed” there was an “imminent threat” based on the “totality of the circumstances.”
“The fact that two deputies suffered injuries demonstrates that Gonzalez had the present ability, opportunity and apparent intent to immediately cause death or serious bodily injury,” the DA’s office said.
In March, the DA’s office charged Modesto Police Officer Joseph Lamantia with manslaughter after he fatally shot unarmed 29-year-old Trevor Seever in December after his family called 911 for help during a mental health crisis.
Two other shootings by Stanislaus County Sheriff’s deputies are still under active investigation.
One involved Deputy Michael Wilson firing 15 times and injuring 79-year-old Seo Myong Yang last November in Denair. The sheriff’s department said Yang drove a Bobcat tractor in a threatening manner toward the deputy.
In May, sheriff’s deputy Gerardo Zazueta shot and killed 16-year-old Xander Mann after Mann led law enforcement officers on a 20-minute pursuit after he fled an initial traffic stop.
At the end of the pursuit, Zazueta shot Mann after Mann’s vehicle began moving toward the deputy, who had exited his vehicle.
An attorney for Mann’s parents has filed a claim against the county.
This story was originally published June 22, 2021 at 5:35 PM.
