A message from Chief Bryan Matthews regarding declination letter from Alameda County District Attorney’s Office

We are aware of and acknowledge Alameda County District Attorney Pamela Price’s decision to decline to file criminal charges against the officers involved in the fatal shooting of Agustin Gonsalez.  This does not come as a surprise as her decision aligns with those reached in multiple previous investigations, including those conducted by former Alameda County District Attorney Nancy O’Malley, former California Attorney General Xavier Becerra, and current California Attorney General Rob Bonta.  Additionally, an administrative investigation conducted by the Hayward Police Department’s Internal Affairs Unit determined the involved officers did not violate any administrative rule or department policy.  In such cases, the Hayward Police Department conducts a comprehensive review in an effort to identify departmental training needs and possible modifications to administrative rules and policies as part of our ongoing efforts to prevent similar tragedies from occurring.   

We are also aware of the independent review and analysis of this case, which was provided by an independent third party from the University of South Carolina and I am always open to meaningful, accurate feedback.  The opinions offered have been taken under advisement.  However, it should be noted that some of the opinions specific to this case and to the Hayward Police Department are inaccurate, lack context, and are not reflective of how we strive to train and respond to in-progress, critical incidents.  In fact, nobody from the Hayward Police Department was contacted, interviewed, or otherwise consulted during this review and analysis.   

The Hayward Police Department prides itself on meeting nationally recognized standards and best practices for policies and training, as evidenced by our ongoing accreditation through the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA).  The accreditation process invites outside scrutiny from subject matter experts and demonstrates our commitment to accountability, transparency, and continual improvement.  As Chief, I am committed to ensuring this continues as we seek to provide the highest levels of service to our community.  

Finally, we recognize this tragedy has and continues to have a profound impact on the family of Mr. Gonsalez, our community, and the members of the Hayward Police Department.  I want to extend my heartfelt sympathy and condolences to the Gonsalez family for their irreplaceable loss and I acknowledge the pain that the reopening of this case must have caused.  My thoughts are with them as they continue to grieve the loss of Mr. Gonsalez, and as they continue their healing journey.   

-Chief Bryan Matthews