Houston Chronicle

Family of man killed by HPD denounces grand jury decision

- By Nicole Hensley STAFF WRITER

Urn in hand, Jessica Chavez quietly denounced the decision of a Harris County grand jury to not charge five police officers in the death of her husband.

The ashes of her husband, Nicolas Chavez, were inside the metal urn, she said.

Chavez, 27, was shot and killed in April 2020 during a mental crisis in east Houston, a deadly encounter that prompted former Police Chief Art Acevedo to fire three officers and a sergeant involved in the death. The grand jury convened a year following the sweeping terminatio­ns and also reviewed possible charges against a fifth officer, whom police brass chose not to fire.

The wife, as well as several League of United Latin American Citizens leaders, returned Tuesday to the Denver Harbor street where Chavez died and pointed to Acevedo’s decision as evidence that the officers were in the wrong to shoot him.

“I am his voice and will continue to be his voice,” she said.

At times, Chavez’s wife spoke so quietly that LULAC leader Venus Rodriguez had to speak for her — all while comforting her as she cried.

“It is painful to get this outcome,” Rodriguez said.

Augie Pinedo, another LULAC leader, said that despite the decision Monday not to charge the officers, improved police training on dealing with mental health crises and transparen­cy in grand juries is a must. Grand jury proceeding­s are secret, and the evidence presented to grand jurors cannot be disclosed. Pinedo believes that should change.

The Houston Police Department did not respond to multiple requests for comment.

Calls to release body-worn camera footage from Chavez’s death prompted police to share video and 911 calls from the 15-minute encounter when the firings were announced. Footage showed several officers confrontin­g Chavez as he huddled under a street light. Several attempts to de-escalate the situation failed.

The officers opened fire as Chavez grabbed a spent Taser, which was effective

ly useless because it was missing both cartridges.

Sgt. Benjamin Leblanc believed Chavez grabbed it with a “shooting grip” and that he feared for his life.

Chavez was rushed to a hospital but did not survive. A toxicology report later found traces of methamphet­amine and alcohol in Chavez’s body at the time of his death.

The fired four have since appealed their terminatio­ns, and Houston Police Officers Union officials said arbitratio­n is the next step to return the officers to their jobs.

“It would be a serious mistake to bring the officers back,” Pinedo said.

Relatives of Chavez earlier lodged a federal lawsuit against the city, contending that police guidelines permitted its officers to strike Chavez with two dozen gunshots, killing him.

U.S. District Court Judge Lee Rosenthal dismissed the case in July but allowed lawyers to re-file weeks later.

Chavez’s wife said plans to refile the lawsuit are in the works.

 ?? Godofredo A. Vásquez / Staff photograph­er ?? Jessica Chavez holds an urn containing the ashes of her husband, Nicolas, during a news conference Tuesday in which she expressed outrage at a grand jury’s decision not to bring charges against five HPD officers connected to Nicolas’ killing.
Godofredo A. Vásquez / Staff photograph­er Jessica Chavez holds an urn containing the ashes of her husband, Nicolas, during a news conference Tuesday in which she expressed outrage at a grand jury’s decision not to bring charges against five HPD officers connected to Nicolas’ killing.
 ?? Godofredo A. Vásquez / Staff photograph­er ?? Jessica Chavez said plans are in the works to refile a federal lawsuit against the city in connection with her husband Nicolas’ death at the hands of HPD officers.
Godofredo A. Vásquez / Staff photograph­er Jessica Chavez said plans are in the works to refile a federal lawsuit against the city in connection with her husband Nicolas’ death at the hands of HPD officers.

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