Rage, frustration, grief expressed at Modesto City Council over fatal police shooting

The Modesto City Council should have a good idea of what to expect Thursday when it talks about police reform.

About a dozen people addressed the council at its Tuesday meeting to express their express anger, disgust, frustration and grief over the July 14 fatal shooting by a police officer of an intoxicated man holding a trailer hitch.

Paul Chavez Jr., 30, was fatally shot by Officer Sam Muncy, a nine-year veteran of the Police Department, in the front yard of a house on the 1400 block of Entrada Way. Chavez’s father-in-law had called 911 to report Chavez was drunk and trying to break into the house. He called again to say Chavez had picked up the trailer hitch, according to police.

Officer Sergio Valencia also responded to the call. Modesto police released body camera footage of the incident. In the video, when the officers encounter Chavez, he is carrying the hitch and they tell him several times to put it down or he will be Tased.

He is Tased by Valencia and immediately pulls out the prongs as the officers continue to tell him to put it down, to which he can be heard replying, “No.” The firing of the Taser comes 15 seconds after Chavez is told to drop the hitch.

The shooting, by Muncy, follows about six seconds later. Chavez remains standing for approximately 15 seconds and takes several steps toward the house before falling into bushes.

Relatives and friends of Paul Chavez Jr. gather in Modesto for a news conference to announce a wrongful death lawsuit for the fatal shooting of Chavez on July 14 by Modesto Police. Photographed on Entrada Way in Modesto, Calif., on Tuesday, July 26, 2022.
Relatives and friends of Paul Chavez Jr. gather in Modesto for a news conference to announce a wrongful death lawsuit for the fatal shooting of Chavez on July 14 by Modesto Police. Photographed on Entrada Way in Modesto, Calif., on Tuesday, July 26, 2022.

Speakers at Tuesday’s council meeting called for the Police Department to fire Muncy and for the Stanislaus County District Attorney’s Office to prosecute him. The speakers included Chavez’s family members. Chavez was the father of three young boys.

“I’m demanding justice for my husband,” said Brittoni Estrella Chavez. “I want to see (Muncy) in jail, and he needs to be fired right now ... because he’s a murderer.”

Civilian oversight board

Another speaker said shooting to kill a nonthreatening drunk should never be an option, but police saw it as the first and only option.

Tuesday’s comments come as the City Council meets Thursday to discuss the recommendations of Forward Together, the committee it put together last year to look at potential reforms of the Police Department.

The recommendations include establishing a civilian oversight board, hiring an independent external auditor and setting up a review team to look at major incidents in effort to improve how officers handle them.

Council members at their Tuesday meeting also recognized the work of the Forward Together committee members. Some of the speakers said the city and council members were more focused on congratulating themselves than on making residents safer.

Speakers also lamented that reform has taken too long and another person had lost his life at the hands of the police.

Council members expressed their condolences to Chavez’s family.

Mayor Sue Zwahlen said the city can and will do better, adding the council and the Police Department are committed to making Modesto better. But she said it will take time to ensure that reform is done right and encouraged residents to stay engaged in the process.

Another police shooting

Chavez was the second man shot by Modesto police in July. Officer Jacob Mertz shot and wounded Dylan Harvey on July 4 after Harvey picked up a knife and made several stabbing motions at Mertz, cutting him once in the hand.

Harvey’s family has said he was in a mental health crisis and needed help. Mertz had spent more than 30 minutes calmly talking with Harvey and convincing him to leave his home. But once outside, Harvey went back inside and into his bedroom, where he had knives. Mertz followed Harvey back into the bedroom, where the shooting then occurred.

The council meets at 5:30 p.m. in the basement chambers of Tenth Street Place, 1010 10th St. The public also can attend by Zoom. Information on how to do that is on the meeting agenda at www.modestogov.com/749/City-Council-Agendas-Minutes.