Newsom Commutes Death Sentence of Officer's Killer

Gov. Gavin Newsom changed Tao Rivera's sentence to life in prison without parole, a move Merced County's district attorney condemned.

Updated on Nov. 7, 2026 in Criminal Justice

Newsom Commutes Death Sentence of Officer's Killer

Gov. Gavin Newsom commuted the death sentence of Tao Rivera, convicted of fatally shooting Merced Police Officer Stephan Gray, to life in prison without the possibility of parole. Merced County District Attorney Nicole Silveira called the commutation an unprecedented abuse of power and her office is exploring options to oppose it.

Why it matters

Rivera is among 548 death row inmates whose sentences Newsom changed to life without parole, and Newsom said California's death penalty system is a failure incompatible with state values. The decision affects how the state's capital cases are resolved and sets up a clash between the governor and local prosecutors.

Rivera's death sentence has been changed to life in prison without parole by executive commutation, while Merced County prosecutors are weighing a formal challenge. Separately, the county is seeking the death penalty against Jesus Salgado in the 2022 killings of an 8-month-old girl, her parents and her uncle.

The players

Gavin Newsom

Governor of California who issued the commutation and has long opposed state-sanctioned executions.

Nicole Silveira

Merced County District Attorney whose office prosecuted Rivera and is now working to oppose the commutation.

The details

Newsom issued a letter on Thursday defending the decision and described California's death penalty as a failure. Silveira responded Friday, calling the action an unprecedented abuse of power, while Highway 99 in Merced carries Officer Gray's name.

April 15, 2004: Officer Stephan Gray was fatally shot in Merced.
Thursday, Nov. 5, 2026: Newsom issued a letter defending the commutation.
Friday, Nov. 6, 2026: Silveira condemned the governor's decision.

Legal Context

Governor Newsom's commutation of 548 death sentences uses California's clemency power to remove capital punishment from a broad group of cases. It places the state's executive branch in direct conflict with county prosecutors who seek death sentences in violent cases.

Residents of Merced County may see the case continue through a formal challenge by the district attorney's office. The ongoing capital prosecution of Jesus Salgado will also proceed in the county's courts.

The takeaway

Clemency decisions can change the outcome of a case long after a jury verdict, so readers following capital cases should track both the governor's office and local prosecutors. The dispute shows how state and county authorities can diverge on the same sentence.