‘A coward killed my best friend.’ Loved ones decry lack of charges for Modesto officer

Loved ones of Paul Chavez Jr. vented Tuesday night to the Modesto City Council, a day after learning that a police officer would not be charged with his shooting death.

They said Chavez, 30, was drunk but did not pose a threat to officers during the July 14 encounter just off East Orangeburg Avenue. They called for the termination of Officer Sam Muncy, who fired the fatal shot, and for more oversight of the Police Department.

“A coward killed my best friend,” Patrick Thomas said. “He killed him in cold blood. Nobody cares.”

The decision not to prosecute Muncy was announced by Stanislaus County District Attorney Birgit Fladager. She said Muncy and Officer Sergio Valencia acted properly in dealing with Chavez, who had resisted their efforts to calm the situation.

About a dozen people made often-heated statements during the public comment period at the start of the meeting.

Council members could not respond, but they could get a chance next Tuesday, Dec. 13, to consider the police reforms suggested by the Forward Together committee. They include an independent auditor of internal investigations and more help for mentally ill people encountered by officers.

Patrick Thomas speaks to councilmembers about the decision by the district attorney not to file charges in the police shooting death of Paul Chavez Jr. Photographed during the Modesto City Council meeting in Modesto, Calif., Tuesday, Dec. 6, 2022.
Patrick Thomas speaks to councilmembers about the decision by the district attorney not to file charges in the police shooting death of Paul Chavez Jr. Photographed during the Modesto City Council meeting in Modesto, Calif., Tuesday, Dec. 6, 2022.

Holding a trailer hitch

The shooting happened in the front yard of a house in the 1400 block of Entrada Way. Police said at the time that Chavez’s father-in-law had called 911 to report he was drunk and trying to break into the house.

Body camera footage from police shows Chavez carrying a trailer hitch and the officers telling him several times to put it down or he will be Tased. Chavez was then Tased by Valencia and pulled out the prongs as the officers continued to tell him to put down the hitch. The shooting by Muncy happened about six seconds later.

In a letter to Police Chief Brandon Gillespie, Fladager mentioned other interactions between Chavez and police prior to July 14. They include Chavez’s wife on June 17 reporting to police that he was drinking and threatening their children. This led to him being placed in a padded cell to prevent injury.

On June 26, the DA wrote, Chavez’s wife called police to report that he sent her a video of an attempt to hang himself. “When officers arrived, Chavez held a hatchet to his own neck telling officers to kill him.” He eventually surrendered and was placed under a 5150 hold for psychiatric evaluation.

Family filed civil suit

Chavez’s widow, Brittoni Estrella, and the couple’s three children filed a federal lawsuit later in July alleging wrongful death, excessive force and other civil rights violations.

Speakers told the council Tuesday that it was Chavez, not the officers, who tried to de-escalate the encounter. Estrella also said that contrary to the DA’s claim, police did not immediately render medical aid to her husband.

“My God’s a vengeful God,” she said. “He’s got my back. He ain’t got sinners’ backs.”

Several speakers also mentioned the shooting death of Trevor Seever by Officer Joseph Lamantia nearly two years ago. Lamantia was fired and charged with voluntary manslaughter. He is in the midst of a preliminary hearing to decide whether he should stand trial.

Council member Jeremiah Williams and other members listen to public comment during the Modesto City Council meeting in Modesto, Calif., Tuesday, Dec. 6, 2022.
Council member Jeremiah Williams and other members listen to public comment during the Modesto City Council meeting in Modesto, Calif., Tuesday, Dec. 6, 2022.
Brittoni Estrella speaks to councilmembers about the decision by the district attorney not to file charges in the police shooting death of Estrella’s husband Paul Chavez Jr. Photographed during the Modesto City Council meeting in Modesto, Calif., Tuesday, Dec. 6, 2022.
Brittoni Estrella speaks to councilmembers about the decision by the district attorney not to file charges in the police shooting death of Estrella’s husband Paul Chavez Jr. Photographed during the Modesto City Council meeting in Modesto, Calif., Tuesday, Dec. 6, 2022.