FBI to Investigate the Shooting Death of Nicolas Casey Chavez at Hands of Houston Police Department
The Houston Police Department filed a custodial death report with the Attorney General of Texas regarding the death of Nicolas Casey Chavez. Mr. Chavez was only 27 years old at the time of his death. Information in this post was obtained from that report.
The report lists Mr. Chavez’s death as a homicide, which can include a justifiable homicide. The medical cause of death was multiple gunshot wounds. The summary section of the report read:
“On Tuesday, April 21, 2020 at approximately 9:00 p.m., Houston Police Officers assigned to the Northeast Patrol Division responded to a “Suicide in Progress” call at Lockwood Drive and I-10. The responding officers received numerous supplement calls and were informed the suspect was in the 800 block of Gazin and jumping in front of moving vehicles. Officers responded to the location and observed the suspect in a parking lot next to a light pole. As the officers engaged the suspect, he began stabbing himself with a pointed object. A sergeant discharged his bean bag shot gun which had no effect on the suspect. The suspect continued to injure himself and officers discharged their Conducted Energy Devices (CED) which also had no effect on him. The suspect charged at a Sergeant with the pointed object in his hand and the Sergeant fired his pistol at the suspect, striking him at least once. The suspect still refused to drop his pointed weapon and continued to stab himself, while yelling for police to kill him. The suspect attempted to charge officers and an officer discharged his pistol as a second Sergeant discharged his bean bag shotgun at the suspect. The suspect then threw the pointed object at officers and shortly after gained control of a Taser that had been dropped by an officer. The suspect began to raise the Taser in the direction of officers and four officers discharged their weapons, striking the suspect several times. The suspect was pronounced deceased by responding Houston Fire Department EMS personnel.”
However, recent news reporting indicates that Houston police have asked the FBI to review the fatal shooting. Apparently, contrary to information in the report above, Mr. Chavez may have been kneeling at the time he was shot.
If unreasonable force was used against Mr. Chavez, in violation of the Fourth Amendment to the United States Constitution, then certain surviving family members might be able to file suit against one or more officers, and/or their employer, pursuant to 42 U.S.C. § 1983. Such lawsuits are usually filed by Texas civil rights attorneys in federal court. Hopefully, the FBI will conduct a full and complete investigation and determine what actually happened to Mr. Chavez. Body cam will likely be enlightening.
Dean Malone
Dean Malone