If you read the recent letter from Sonoma County Sheriff Eddie Engram on “Why He Won’t Compel Deputies to Interview with IOLERO,” it sounds plausible and reasonable. But, after speaking with John Alden (Pictured), director of the Independent Office of Law Enforcement Review and Outreach (IOLERO), I find incorrect and misleading statements in Sheriff Engram’s letter. This letter was written because the long overdue review by IOLERO of the death of David Peláez-Chavez finally took place and raised critical issues.
David Pelaez-Chavez, an agricultural worker who had smashed a home’s window and then stolen a truck, was unarmed when he was shot and killed in 2023 by Sheriff’s deputy Michael Dietrick after an extended foot chase in rugged terrain east of Healdsburg. Dietrick fired three rounds as Palaez-Chavez bent over. The deputy claimed he feared the man was reaching for a rock to throw it. A second deputy had been in the act of firing a Tazer at about the same time.
Sheriff Engram states: This “meet and confer” process is mandatory under the law. I am not a party to these negotiations.
Per Director Alden: “IOLERO welcomes the meet and confer process, but only the Sheriff can start it. We’re ready to work with him once he starts the process.”
Sheriff Engram states that only San Francisco County compels deputies to participate in IOLERO reviews. Several other counties and cities are doing the same thing he has done in the Pelaez-Chavez case.
Per Director Alden: “All the other cities and counties the Sheriff mentions are ones where the Sheriff or Chief of Police gave Lybarger Orders first and then met and conferred.” (Lybarger Orders allow an employer to order employees to answer questions, and for the employee to be immune from prosecution.)
Years ago I worked on Measure P, to give IOLERO the power to investigate in cases like this, where someone is killed by the Sonoma County Sheriff’s deputies. The sheriff and some Sonoma County supervisors state that Measure P is flawed and poorly written. My conversation with Director Alden indicates that this is not true.
Sheriff Engram also states that Measure P has led to five years of costly litigation. Yet, those in the Sheriff’s office themselves are responsible for this cost. Also not mentioned in his letter is that Sonoma County has paid out $12.5 million to settle a half-dozen lawsuits against the Sheriff’s Office over the past eight years.
Sonoma County settled a federal civil rights lawsuit for $612,500 with the family of David Peláez-Chavez. This payout, though small, is just another payment by Sonoma County in a series of Sheriff’s Office use-of-force cases.
Per the judge in this civil case: “There is no clear evidence that Peláez-Chavez threatened Dietrick with the rock. There is a factual dispute whether he made a gesture as if to throw the rock, and whether the rock could reasonably be perceived as a deadly weapon.” The judge further stated, “Dietrick failed to warn that he would shoot, failed to use a Spanish command, and a juror could find that Dietrick easily could have waited one second for (Deputy) Powers to deploy the Taser but failed to do so.”
Money cannot bring the dead back to life. But, allowing IOLERO to do the job that Measure P authorizes them to do, can change how law enforcement deals with cases like those of Andy Lopez, David Ward and David Peláez-Chavez in the future. The Sheriff’s office can change, but only if they are willing to, and if we as community members demand it.
One positive note. I asked Director Alden if he felt that the “law and order” wave taking over the country under the Trump administration was a factor in opinion on law enforcement oversight. He told me that here in Sonoma County he felt the majority of our community supported IOLERO’s work and Measure P.
In my view the following paragraphs say it all:
(Lybarger Orders allow an employer to order employees to answer questions, and for the employee to be immune from prosecution.)
Years ago I worked on Measure P, to give IOLERO the power to investigate in cases like this, where someone is killed by the Sonoma County Sheriff’s deputies. The sheriff and some Sonoma County supervisors state that Measure P is flawed and poorly written. My conversation with Director Alden indicates that this is not true.
Sheriff Engram also states that Measure P has led to five years of costly litigation. Yet, those in the Sheriff’s office themselves are responsible for this cost. Also not mentioned in his letter is that Sonoma County has paid out $12.5 million to settle a half-dozen lawsuits against the Sheriff’s Office over the past eight years.
Sonoma County settled a federal civil rights lawsuit for $612,500 with the family of David Peláez-Chavez. This payout, though small, is just another payment by Sonoma County in a series of Sheriff’s Office use-of-force cases.
Per the judge in this civil case: “There is no clear evidence that Peláez-Chavez threatened Dietrick with the rock. There is a factual dispute whether he made a gesture as if to throw the rock, and whether the rock could reasonably be perceived as a deadly weapon.” The judge further stated, “Dietrick failed to warn that he would shoot, failed to use a Spanish command, and a juror could find that Dietrick easily could have waited one second for (Deputy) Powers to deploy the Taser but failed to do so.”
Sheriff Engram’s statements about the case are disingenuous and misleading. He is clearly under the thumb of the Sheriff’s union that wants no oversight of any of its actions, especially Measure P.