By Naya Wiezel and Citlalli Florez
SACRAMENTO, CA – A report released this week by the California Department of Justice cleared two Los Angeles Police Dept. officers in the 2021 shooting death of unarmed Matthew James Sova, finding there was insufficient evidence to file criminal charges against the officers because they “reasonably” believed a man holding a lighter could hurt them.
The AG report is at: https://oag.ca.gov/system/files/attachments/press-docs/2022.11_SovaMatthew_AB1506_Report.pdf
The DOJ said it conducted an in-depth investigation into his death, including interviews from seven firefighters/emergency personnel and 13 civilian witnesses. Hundreds of hours were spent, said the DOJ, conducting the investigation by the DOJ and the LAPD.
The two officers, Christopher Tabela and Isaiah Galvez, had received a call the night of the incident. They were informed that a man was allegedly carrying a gun on Hollywood Boulevard in Los Angeles.
Sova had allegedly pointed what had looked to be a “small” pistol at the officers before he was fatally shot. The supposed firearm was actually a lighter, not a pistol.
“Officers could also reasonably believe that lethal force was necessary given the immediate lethal threat that Sova appeared to present…officers initially planned for Officer Galvez to deploy non-lethal force (however) there were no recorded statements explaining why Officer Galvez did not follow that plan,” the report noted.
The report concluded, “The evidence does not show, beyond a reasonable doubt, that Officers Galvez or Tabela acted without the intent to defend themselves and others from what they reasonably believed to be imminent death or serious bodily injury…officers reasonably believed that the use of deadly force was necessary. Because the shooting was justified by self-defense and defense of others, criminal charges are unwarranted, and no further action will be taken.”
The report released by the DOJ was meant to determine whether charges would be brought against the police officers and possible policy and practice recommendations for the police department. The report does not address potential administrative or civil actions.
The investigation included the analysis of body-worn camera footage, police reports, surveillance footage, witness statements, medical records, the autopsy report, and photographs.
The Attorney General was required by Assembly Bill 1506 to issue policy and practice recommendations. AB 1506 requires the AG to conduct independent investigations in officer-involved shootings. It went into effect in July of last year.
According to AG Rob Bonta, who co-authored the measure, “It is essential for the people of California to have a fair, thorough, and transparent process in place.”
The report concluded, said Bonta, there was substantial evidence to prove both officers acted in self-defense and the defense of others.
AG Bonta continued, “Make no mistake: There is no scenario where the loss of someone’s life is something we should accept as the normal course of things.”
Although the officers were cleared, Bonta’ office released recommendations to the LAPD on what steps they should further take to prevent similar incidents from occurring. There were 11 recommendations given.
The first and fourth policy recommendation suggests personnel are trained properly to handle individuals experiencing a potential mental health crisis, as well as procedures related to LAPD’s Mental Evaluation Unit.
The second policy recommendation involves reviewing the 911 call to see if any of the events leading to Sova’s death could have been avoided.
The third policy recommendation is to ensure that all steps are taken to de-escalate a mental health crisis.
The fifth and sixth policy recommendations reference officers properly avoid the use of deadly force, which was used almost immediately by the two officers upon arriving at the scene in the case at hand.
The seventh and eighth policy recommendations create a plan for officers to ensure minimal risk or harm to themselves and bystanders in potentially crowded environments, when deadly force is deemed necessary.
Policy recommendations nine through 11 suggest reinstating the LAPD’s use of force policy, which states deadly force should only be used by officers “when they reasonably believe, based on the totality of circumstances, that such force is necessary in defense of human life.”
As of July 1, 2021, AB 1506 has been instituted in California, requiring that the DOJ must investigate any incident involving the death of an unarmed civilian in an officer shooting. This is new to California, as these cases were typically handled by state district attorneys or local law enforcement. 
