INDEPENDENT POLICE REVIEW AUTHORITY
Log #1013572/U #08-02
INVESTIGATION
NUMBER:
Log #1013572 / U #08-02
INVOLVED
OFFICER:

“Officer A” (Chicago Police Officer); Male/Black; 30 years old;
Off Duty; Plainclothes; Year of Appointment – 2004

OFFICER’S
INJURIES:

None.

INVOLVED
SUBJECT:

“Subject 1”; Male/Black; 16 years old

INVOLVED
SUBJECT’S
INJURIES:

(1) gunshot wound to right buttocks (lodged); and (1) gunshot
wound to left flank (thru-and-thru). Treated at Illinois Stroger
Hospital.

INITIAL
INCIDENT:

Person with a Gun

DATE/TIME:

22 January 2008 / 0825 hours.

LOCATION:

314 E. 43rd St.
Beat 214

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SUMMARY OF INCIDENT:
On 22 January 2008, at approximately 0825 hours, Subject 1 entered Wendell
Phillips High School located at 244 E. Pershing Rd. Upon entering the school Subject 1
walked through the metal detector and activated the alarm. Security Officer Witness 1
searched Subject 1 and felt “a weapon” (subsequently identified as a gun) near Subject
1’s left hand. Subject 1 ran out of the school. Security Officer Witness 1 and off-duty
Officer A, a part-time security officer at the school, chased Subject 1. Subject 1 fled the
area and Officer A and Security Officer Witness 1 continued to search for him in Security
Officer Witness 1’s personal vehicle. A short while later, Officer A saw Subject 1
standing near the ticket machine inside the Chicago Transit Authority (CTA) station
located at 314 E. 43rd St. Officer A approached Subject 1 from behind and ordered him
to place his hands in the air. Initially, Subject 1 complied by turning around to face
Officer A and raising his hands in the air. Subject 1 then began to walk toward Officer
A, who was standing between Subject 1 and the station’s front exit. Officer A walked
backwards while repeatedly ordering Subject 1 to stop, but Subject 1 failed to comply.
Officer A backed out of the station and onto the sidewalk. Subject 1 then dropped his
hands, pushed his jacket aside, and reached for a gun that was in the waistband on the
right side of his pants. Officer A ordered Subject 1 to drop the gun, but Subject 1 raised
the gun. Officer A then discharged his firearm once at Subject 1, striking him. Subject 1
continued to move toward the exit of the station and Officer A discharged his firearm two
more times, striking Subject 1. Subject 1 fell to the ground and was taken into custody.
Subject 1’s gun was recovered from the sidewalk in front of the CTA Station.

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INVESTIGATION:

Subject 1 refused to cooperate with this investigation. (Att’s 4, 9, 22, 24, 31)

On 22 January 2008, CPD Detective 1, went to Stroger Hospital where he
attempted to interview Subject 1. After being advised of his constitutional rights, Subject
1 invoked his right to remain silent.

Nurse A then told CPD Detective 1 that Subject 1 told her an account of the
incident. Subject 1 told Nurse A that he was at school and the police stopped him. The
police then chased him and he then decided to go home. While at the train station, the
police told him to stop and put his hands up. Subject 1 then turned away from the police
and that is when he was shot. (Att. 41)

In a statement to the Roundtable Panel on 22 January 2008, Security Guard
Witness 1 stated that he was working at Wendell Philips High School when Subject 1
entered the school. Subject 1 “set off” a metal detector and was subsequently searched
by Witness 1. During the search, Witness 1 felt an unidentified object near Subject 1’s
left wrist. Witness 1 stated that the object was covered by the sleeve of Subject 1’s
“hoodie” and jacket. Witness 1 stated that at first he believed the object to be an MP3
Player. Witness 1 felt the object a second time and positively identified it as a gun.
Witness 1 announced that Subject 1 was in possession of a gun and Subject 1 ran away.
Witness 1 and Officer A chased Subject 1 out of the building. Witness 1 ran to his

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personal vehicle and called 911 to report the incident. Witness 1 then “picked up”
Officer A and toured the area looking for Subject 1. Witness 1 drove south on Calumet
Ave and then west on 43rd St. Officer A then yelled out, “Stop the car!” Witness 1 then
saw that Subject 1 was standing inside the CTA Train Station. Witness 1 heard Officer A
repeatedly order Subject 1 to drop the gun, but Subject 1 refused to do so. Witness 1
stated that he saw Subject 1 holding a gun at his waist. Witness 1 stated that he then
drove west on 43rd St. when he heard two gunshots. At 43rd and Prairie, Witness 1 made
a u-turn and drove east. As he approached the CTA Station from the west Witness 1 saw
Subject 1 lying on the ground. Subject 1 also saw a gun on the ground near Subject 1’s
head/shoulder area. Witness 1 did not see Officer A fire his gun. (Att. 24)

In a statement to CPD Detective 2 and CPD Detective 3, Witness 1 stated that he
was employed by the Chicago Board of Education as an unarmed civilian security officer
for approximately two years. On the day of the incident he was working at Phillips High
School at Exit Nine.

At approximately 0750 hours, Subject 1 entered the school.

According to Witness 1, Subject 1 was involved in a fight in the school lunchroom a
week prior to this incident. Witness 1 was working with Officer A and two other female
security officers. Witness 1 and Davis were working on the right side of the post and the
females on the left side. Upon encountering Subject 1 he noticed that Subject 1’s jacket
was unzipped and he had an item in his left sleeve. Witness 1 related that at this point he
believed the item could be a PSP game system, because Subject 1 had attempted to enter
the school with one in the past. At this time Witness 1 asked Subject 1 what the item in
his sleeve was. Subject 1 related that it was his game. Witness 1 felt the item with his

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hands and felt the hammer of a firearm. Witness 1 then grabbed Subject 1’s hand with
both of his hands, but Subject 1 yanked away. Witness 1 repeatedly yelled “gun!” to alert
the others in the area. Subject 1 then jumped over the stairs and ran out the Giles
entrance. Witness 1 then called “911” and chased Subject 1 on foot to Pershing Road.
Officer A chased Subject 1 on foot east on Pershing Rd. Witness 1 stated he retrieved his
personal car and picked up Officer A near the alley Pershing and Giles. Witness 1 and
Officer A drove south in the alley between Calumet and King Dr. Officer A called 911
and reported that Subject 1 was running south in the alley. Witness 1 was unable to
continue south because another vehicle blocked him. Officer A exited the car and chased
Subject 1 on foot. Witness 1 stated that he reversed out of the alley and located Officer A
near 4100 S. Calumet. Officer A got back into Witness 1’s vehicle and Witness 1 first
drove south on Calumet and then east on 43rd St. Officer A then saw Subject 1 in the
“EL” station near the fare machine in the northwest corner of the station. Officer A
exited the vehicle and approached Subject 1. Witness 1 heard Officer A repeatedly say,
“Get on the ground! Drop the gun!” Witness 1 related that Subject 1 had his hand on a
gun that was in his waistband. Witness 1 stated that Subject 1 did not drop the gun as
ordered. Witness 1 stated that he then drove west on 43rd St. to avoid being in the line of
fire. Moments later Witness 1 heard two gunshots. Officer A then told Witness 1 to flag
down a marked unit (Beat 275) which was traveling east on 43rd St. Witness 1 saw
Subject 1 lying on the ground. Witness 1 also saw a small, silver automatic pistol on the
sidewalk. Witness 1 heard Subject 1 say, “I can’t feel my legs.” (Att. 41)

In a statement to IPRA on 22 January 2008, Witness 1 stated that on the day of

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the incident he was working as a security officer at Wendell Phillips High School.
Witness 1 explained that he was stationed at the metal detectors located near the main
entrance. Witness 1 stated that Subject 1 entered the school and when he walked through
the metal detectors, he set them off. Witness 1 stated that in accordance with Chicago
Public School (CPS) policy, he searched Subject 1. Witness 1 felt an object near Subject
1’s left wrist, which was covered by the sleeves of Subject 1’s jacket and hoodie. Subject
1 told Witness 1 that the object was a game. Witness 1 stated that he felt what he knew
to be the hammer of a gun and grabbed Subject 1’s wrist tighter and said out loud, “Man,
he’s got a gun.” Subject 1 then broke free from Witness 1 and ran out of the school
through the main entrance. Witness 1 announced that Subject 1 had a gun and he and
Officer A chased Subject 1.

Witness 1 chased Subject 1 to the corner of Pershing and Giles. Witness 1 saw
Officer A standing on the south side of Pershing Road, looking south in an alley while
talking on his cell phone. Witness 1 ran to the school’s parking lot and retrieved his
personal car. Witness 1 then drove and picked up Officer A. Witness 1 and Officer A
then drove around looking for Subject 1. As Witness 1 drove west on 43rd St. Officer A
said, “Stop the car!” Witness 1 stopped the car and Officer A got out and approached
Subject 1, who was standing inside the “L” station near a vending machine. Witness 1
stated that Officer A and Subject 1 exited the station. Witness 1 drove his car forward
until he was almost parallel with Officer A. Witness 1 then saw Subject 1 reaching for
his left side in an attempt to pull the gun from the left side of his waist. Witness 1 heard
Officer A saying in a loud voice, “Drop the gun!” Witness 1 stated that fearing he may

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be shot he drove towards Prairie Ave. and heard two gunshots. Witness 1 then made a Uturn and drove back to the CTA Station. Witness 1 saw Subject 1 lying on the street with
Officer A standing over him. Witness 1 stated that he did not see Officer A or Subject 1
point their guns at each other and that he did not see Officer A shoot Subject 1. (Att. 12)

In a statement to the Roundtable Panel on 22 January 2008, CTA Customer
Assistant Witness 2 stated that he was standing inside the Employee Booth when he
observed Subject 1 enter the station and walk to the Transit Card Vending Machine.
Witness 2 then saw Officer A enter the station, point a gun at Subject 1, and instruct
Subject 1 to put his hands in the air. Witness 2 stated that he immediately “dropped to
the floor” and locked the door to the booth. Witness 2 stated that he remained on the
floor until squad cars arrived and that he did not see Officer A discharge his firearm.
(Att. 24)

In a statement to Detectives CPD Detective 2, and CPD Detective 3, CTA
Employee Witness 2 stated that he observed Subject 1 walk to the transfer-card machine
located on the west wall of the station. Witness 2 stated he entered the ticket booth
located on the east wall. Witness 2 then heard someone repeatedly yell, “Put your hands
up!” Witness 2 then observed a tall, unknown black male (NKA Officer A) with a gun in
the doorway of the station. Witness 2 dropped to the floor inside the booth. Moments
later Witness 2 heard two gunshots. Witness 2 did not move from his position on the
floor and did not witness the shooting. Witness 2 remained on the floor and used his
CTA Radio to call for police assistance. Witness 2 stated that he remained in the booth

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for approximately five minutes. Witness 2 heard emergency sirens and exited the booth.
Witness 2 then saw Subject 1 handcuffed on the ground. Witness 2 stated that he was
unaware if Subject 1 was shot because he did not observe any blood. (Att. 41)

In a statement to IPRA on 22 January 2008, Witness 2 stated that he was inside
the CTA station, near the employee booth, when he saw Subject 1 enter the station and
walk to the Transit Card Vending Machine. Witness 2 entered the employee booth and
saw Officer A enter the station. Officer A repeatedly said to Subject 1, “Put your hands
up.” Witness 2 saw Officer A pointing a silver semi-automatic pistol at Subject 1.
Witness 2 dropped to the floor and locked the door to the employee booth. Witness 2
stated that he crawled under the desk and radioed the “Control Center.” Witness 2 then
heard two “quick” gunshots. About five or six minutes later Witness 2 heard the sound
of cars arriving at the station. Witness 2 looked above the desk and saw that it was safe
to come out of the employee booth. Witness 2 saw Subject 1 handcuffed and lying on the
floor. A short while later an ambulance arrived at the station. Witness 2 did not witness
the shooting. Witness 2 only heard the gunshots. (Att. 11)

Detectives CPD Detective 4, CPD Detective 5, and CPD Detective 6, went to
Wendell Phillips High School and interviewed Assistant Principal A. Assistant Principal
A stated that on 17 January 2008, Subject 1 was suspended for a period of ten days.
Subject 1 and two other students were suspended and told not to return to the school until
after the Martin Luther King Holiday. Board of Education surveillance cameras recorded
the incident inside the school’s checkpoint. (Att. 41)

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The related Department Reports (Arrest and Case Reports, TRR, Original
Incident Reports) stated that Subject 1 entered Wendell Phillips High School with a
handgun concealed under the sleeve and a belt buckle knife concealed in a normal belt
buckle. When CPS security discovered the handgun in Subject 1’s waist he (Subject 1)
ran out of the school with security personnel and off-duty Chicago Police Officer A
giving chase. At 314 E. 43rd St., Officer A ordered Subject 1 to put up his hands. Subject
1 refused and instead reached for the handgun in his waistband. Fearing for his life,
Officer A discharged his firearm three times, striking Subject 1 twice. Subject 1 was
taken into custody and transported to Stroger Hospital by CFD Ambulance #35. Subject
1’s handgun and knife were recovered and inventoried. The handgun was a Phoenix
Arms, Model #HP22A., .22LR semi-automatic stainless steel handgun.

Subject 1’s

handgun was loaded with nine live rounds. Subject 1 was charged with two counts of
Unlawful Use of a Weapon and Aggravated Assault. (Att’s 5, 13, 15-17, 26, 33)

Evidence Technician Photographs depicted the CTA Station, school, and the
neighborhood. (Att. 40)

Evidence Technician Photographs depicted Subject 1 on a bed at Stroger Hospital.
(Att. 46)

The OEMC PCAD Event Queries indicate that on 22 January 2008, at 0822
hours, Officer A called “911” from his cell phone and reported that a black male student

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with a pony tail and hoodie ran out of the school with a gun he tried to sneak in. At 0824
hours, Officer A called “911” again and reported that he was southbound in an alley in
the vicinity of 4100 S. Calumet and that he was still pursuing a man with a gun. At 0833
hours notification was made that shots were fired by the police at the 43rd St. Green Line
Station and an ambulance was requested for the person shot. (Att. 7)

The Chicago Fire Department’s Ambulance Report indicates that Ambulance
#35 was dispatched at 0831 hours and arrived at 314 E. 43rd St. at 0835 hours. The report
indicated that Subject 1 sustained a gunshot wound to his abdomen. Subject 1 was
transported from the scene to Stroger Hospital at 0845 hours. (Att. 21)

Stroger Hospital’s Medical Records indicated that Subject 1 arrived in the
hospital’s emergency room at 0905 hours. Subject 1 sustained gunshot wounds to his
right flank, back, and right buttock. Subject 1 informed hospital personnel that he had
been shot by the police. Subject 1 would not divulge much history regarding his injuries.
X-rays showed that one fired bullet was lodged in the posterior of Subject 1’s right hip.
(Att. 32)

In a report from the Illinois State Police Division of Forensic Services dated 29
July 2008, Officer A’s firearm, a Beretta Model 92D 9mm, was examined and found to
be in firing condition. Subject 1’s firearm, a Phoenix Arms Model HP222 22 Caliber,
was also examined and found to be in firing condition.

Examination of the three

recovered expended casings determined that they had been fired from Officer A’s

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firearm. (Att. 30)

In a report from the Illinois State Police Division of Forensic Services dated 20
June 2008, examination of Subject 1’s firearm, its nine live cartridges, and its magazine,
revealed no latent impressions suitable for comparison. (Att. 29)

In a statement to the Roundtable Panel, Officer A provided an account of the
incident that was consistent with the Summary of Incident. However, Officer A did not
relate that Subject 1 walked toward him. (Att. 24)

In a statement to CPD Detective 2 and CPD Detective 3, Officer A stated that
he worked security for the Board of Education when he is off-duty. Officer A stated that
on the day of the incident he was manning security check point nine inside Phillips High
School with CPS Security Officer Witness 1. Both were conducting searches of male
students who activated the metal detector at the checkpoint. The metal detector was
activated by a student NKA Subject 1. Witness 1 conducted a protective pat-down search
of Subject 1 and shouted “gun!” Subject 1 ran east from the checkpoint, down stairs, and
exited the school through its east door. Officer A and Witness 1 chased Subject 1.
Officer A used his cell phone to notify OEMC of his status and the direction of Subject
1’s flight.

During the chase Officer A lost sight of Subject 1 in the surrounding

neighborhood. Witness 1 and Officer Subject 1 then toured the area in Witness 1’s
vehicle in an attempt to locate Subject 1. Officer A subsequently observed Subject 1 at
the 43rd Street CTA Green Line Station. Officer A exited Witness 1’s vehicle and

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approached Subject 1 in the CTA Station near the vending machine on the first floor.
Officer A announced his office with his gun drawn. Officer A gave Subject 1 verbal
commands to put his hands up in the air. Subject 1 disregarded the verbal commands and
reached for the right side of his waistband. Officer A saw Subject 1 place his hand on a
chrome handgun in his waistband. According to Officer A, he repeatedly told Subject 1
to drop the gun and put his hands up. Subject 1 then attempted to draw the handgun.
Fearing for his safety, Officer A fired one shot at Subject 1, who walked around a beam
located northwest of the station’s doorway. Subject 1 kept his hand on the gun in his
waistband and Officer A fired two or three additional shots at Subject 1 as Subject 1
continued toward the station’s doorway. Officer A then observed Subject 1 fall to the
ground and his chrome handgun fell to the sidewalk next to him. Officer A stopped
firing his gun and motioned for Witness 1, who pulled in front of the CTA Station.
Officer A then instructed Witness 1 to notify the police. At this time, Witness 1 flagged
down Beat 275. Subject 1 was placed into custody, medical attention was requested, and
Subject 1’s gun was recovered. (Att. 41)

In a statement to IPRA on 17 November 2008, Officer A stated that on the day of
the incident he was off-duty, working as a security supervisor at Wendell Phillips High
School. Officer A was alerted that Subject 1 attempted to enter the school with a firearm
when security officer Witness 1 searched Subject 1 after the metal detector’s alarm went
off. Witness 1 yelled “gun!” and Officer A attempted to grab Subject 1, but Subject 1
ran. Officer A chased Subject 1, and at the same time used his cell phone to call “911.”
Officer A informed the call-taker that he was chasing Subject 1, who had a gun, and

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provided Subject 1’s description. Officer A chased Subject 1 in a south-southwest
direction from the school, through alleys and down several streets. Witness 1 caught up
to Officer A at approximately 40th and Giles in his personal vehicle. Officer A got into
the front passenger seat of Witness 1’s vehicle and they continued to pursue Subject 1
until they eventually found him running south towards 43rd St. Officer A got out of
Witness 1’s car and chased Subject 1 on foot and into the CTA station on 43rd St.

Officer A stated that he entered the station and saw Subject 1 facing a transfer
machine. Officer A ordered Subject 1 to drop his gun, at which point Subject 1 turned
and faced him. Subject 1 attempted to exit the station and Officer A again ordered him to
drop the gun. Subject 1 reached into his waistband and pulled the gun out. Officer A,
fearing that Subject 1 would shoot him, discharged his firearm once at Subject 1, striking
him in the abdomen area. Subject 1 continued to attempt to leave the station and Officer
A repeatedly ordered him to drop the gun, which he held in his right hand. Officer A
backed out of the station as Subject 1 approached the exit. Subject 1 refused to comply
with Officer A’s orders to drop the gun. Subject 1 continued to exit the station while still
holding his gun and Officer A discharged his firearm two more times. Subject 1 fell to
the ground and threw his firearm to the side. Officer A approached Subject 1 and
instructed him not to move. A short while later other security officers from the school
and a squad car arrived. Subject 1 was taken into custody and an ambulance was
requested. (Att. 36)

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CONCLUSION AND FINDING:
This investigation found that Officer A’s use of deadly force was in compliance
with Chicago Police Department policy. According to the Chicago Police Department’s
General Order 02-08-03, III.:

A.

“a sworn member is justified in using force likely to cause death or great
bodily harm only when he or she reasonably believes that such force is
necessary:
1.

to prevent death or great bodily harm to the sworn member or to
another person, or;

2.

to prevent an arrest from being defeated by resistance or escape
and the sworn member reasonably believes that the person to be
arrested:
a.

has committed or has attempted to commit a
forcible felony which involved the infliction,
threatened infliction, or threatened use of physical
force like to cause death or great bodily harm or;

b.

is attempting to escape by use of a deadly weapon
or;

c.

otherwise indicates that he or she will endanger
human life or inflict great bodily harm unless
arrested without delay.”

Officer A’s actions met the requirements of the Department’s deadly force policy.
Officer A and the witness, Security Officer Witness 1, provided separate and consistent
accounts of the incident, that Subject 1 was in possession of a gun and that he failed to
comply with their orders. Officer A stated that inside the CTA Station Subject 1 refused
to drop the gun, and instead, pulled it from his waistband and continued to hold it in his
right hand as he approached Officer A and the exit. Fearing for his safety, Officer A
discharged his firearm at Subject 1. Officer A feared for his safety after Subject 1

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attempted to bring a concealed firearm into the high school, ran when it was discovered
that he had a firearm, and then held it in his hand as he repeatedly failed to comply with
any of Officer A’s commands. Officer A reasonably believed that Subject 1 would
endanger human life or inflict great bodily harm unless arrested without delay.

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