Family sues Alvin officers over man’s death
The family of an unarmed man shot to death by Alvin police officers is suing over the city’s alleged lack of transparency about his death and its sluggishness to provide materials that would “either exonerate or incriminate” the officer or officers who shot him.
A witness said that Isaac Ovidio Chapa III, 34, was on his knees with his hands up when police officers shot him point blank, according to Randall Kallinen, a lawyer for his family.
“The evidence we have is that an officer called it a rookie mistake,” said Kallinen, who represents Chapa’s parents and sisters in a federal civil rights case filed Oct. 10 in Galveston.
Chapa, a motorcycle-loving father of three nicknamed Chucky, was killed instantly on July 15, 2018, Kallinen said.
The suit names three city police officials as defendants: Capt. Forrest Hill, Officer Margaret Rey and Officer Joey Breaux. Capt. Todd Arendell, of Alvin police, noted in a statement Wednesday that the deadly shooting involved “a suspect who was armed with a handgun,” and the city and police have cooperated with “every aspect of the incident since it occurred.”
“Immediately prior to the deadly encounter, the suspect discharged the handgun during a disturbance at his family’s home at which time the family called 911,” the statement said. “The incident was fully investigated by the Alvin Police Department, Brazoria County Sheriff ’s office, the Brazoria County District Attorney’s office and the Texas Rangers. The investigation was referred to the Brazoria County grand jury and the involved officers were cleared.”
At the time of the shooting, police issued a statement that Chapa “repeatedly screamed at the officers to shoot him as he waved a gun around.”
In their lawsuit, family members say the city of Alvin and police failed to release the police report, autopsy and the officers’ body camera footage and declined to name the officers involved in the shooting. In addition, the family says police raided their home after Chapa’s death and detained his mother and two sisters for hours, in violation of federal law. The officers grabbed the women and told them they could be arrested if they failed to comply with police, according to allegations in the suit.
His sister Monica Gonzalez telephoned 911 out of concern he might hurt himself. She told police Chapa was suicidal and had discharged a gun into the ceiling before he left the family home.
Within minutes, police located Chapa’s motorcycle outside Alvin Missionary Baptist Church in the 2000 block of West Lang and found Chapa emerging from a wooded area with his weapon, the police statement says. Approximately six officers surrounded him, according to court documents.
The officers discharged a Taser several times. Witnesses said that one or more of officers fired a service pistol. One witness said Chapa was not holding or reaching for a weapon at the time of the shooting, according to Kallinen.
The police account says officers gave repeated instructions for him to put the weapon on the ground, but he screamed for officers to shoot him.
“The suspect did finally place the weapon on the ground, but suddenly retrieved the gun and brought it back up as the officers moved in on him. One officer fired on the suspect,” the press release stated.
The official report differs from what the family believes happened in one other way. Police said Chapa was treated at the scene, and then taken to a local hospital where he died. A witness who spoke to Kallinen said he died instantly.
Suzanne Hanneman, the city attorney, denied the family’s request for public documents related to the case, and sought a ruling from the Texas attorney general about a possible exemption — a process that usually takes 45 to 60 days.
Texas law allows police departments to withhold such information under a provision in the state’s public information law known as the “dead suspect loophole.” The law contains an exception for investigative files involving cases that don’t result in a conviction or end in deferred adjudication. The provision was apparently intended to protect living people, but police agencies have used it to deny records requests related to those who die in their custody, reasoning that they were never convicted of anything.
The lawsuit contends police officers violated Chapa’s constitutional rights to privacy and security and equal protection under law. The family says Alvin does not provide proper firearms training to prevent accidental shootings.
The family is also suing over the unlawful arrest and excessive force used in detaining his mother, Edelmira Chapa, and sisters Gonzalez and Monica A. Chapa, all residents of Brazoria County.
Said Kallinen, “What disturbs us on a global level is the complete secrecy that is allowed under the current laws and rules.”