INDEPENDENT POLICE REVIEW AUTHORITY
Log #1014189
U #08-005
SUBJECT:
INVOVLED
OFFICER #1:

Log #1014189/U#08-005

“Officer A” (Chicago Police Officer); Male/White; 46 years old;
On Duty; In Plainclothes; Year of Appointment – 1998

OFFICER’s
INJURIES:

None Reported

SUBJECT:

“Subject 1”; Male/White; 9 years old

SUBJECT:

Possible Gunshot wound to right arm. Treated at Ingalls Hospital.

DATE/TIME:

14 February 2008 / 2147 Hours

LOCATION:

14600 Block of South California
Posen, IL 60469
Beat 3100

SUMMARY OF INCIDENT:
On 14 February 2008, at approximately 2147 hours, the Chicago Police
Department’s Area Two Gun Team executed a search warrant at a residence on the 14600
Block of South California, in Posen IL. The officers announced their office and forcibly
entered the residence. The officers were attacked by two Rottweiler dogs. Officer A
discharged his shotgun at one of the dogs and Officer B discharged his handgun at the
other dog. Officer A followed the dog into an interior hallway. The dog continued to be
aggressive and Officer A discharged his shotgun a second time. The target of the search
warrant, Witness 1, was in an adjacent bedroom with his wife, Witness 2, and their son,
Subject 1. Witness 1 and his family were removed from the bedroom. Officer B saw a
wound to Subject 1’s right arm and Subject 1 told him that the Rottweiler bit or scratched
him on his arm. Subject 1 was transported by ambulance to Ingalls Hospital where he

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was treated for two puncture wounds to his right arm.

INVESTIGATION:
In a statement to IPRA on 15 February 2008, the, Witness 1 stated he and his
family went to sleep in the same bedroom at approximately 2030 hours.

At

approximately 2230 hours Witness 1 heard a “boom” that he believed was the front door
being “kicked in.” Witness 1 then heard a gunshot coming from the living room area of
his residence. Witness 1 got out of bed and began walking toward the bedroom door
when he saw his dog come into the room and lie down on the floor. A police officer with
a flashlight entered the bedroom and told Witness 1 to put his hands up. The officer then
fired his shotgun at Witness 1’s dog, which was on the floor next to his son. Subject 1
yelled, “I’m bleeding!” Witness 1 was taken into the living and his wife and son were
taken into the kitchen. Witness 1 stated that he did not hear any other gunshots. (Att. 6)

In a statement to IPRA on 04 September 2008, Witness 2 stated that on the night
of the incident she was asleep in her bedroom with her husband, Witness 1, and her son,
Subject 1. Witness 2 stated that she was awakened by the sound of the front door being
“plowed in.” Witness 2 stated that one of her two dogs ran out of the bedroom barking.
Witness 2 heard a gunshot and then heard her dog whimper and fall to the floor. Witness
2 saw flashlights in the living room and she and Witness 1 got out of bed. Witness 2
heard people in the living room yelling, “Chicago Police!” Witness 2 stated that her
other dog, a 120lb. Rottweiler, was lying on top of her son, who was asleep on the floor.
A male police officer holding a shotgun entered the bedroom and fired one shot at the

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Rottweiler. Witness 2 pulled her son out from under the Rottweiler and saw that he had
blood on him. Officers took Witness 1 into the living room while other officers took
Witness 2 and her son into the kitchen. Witness 2 told the officers that her son was
bleeding and the officers said that the Rottweiler must have bitten him. The officers
called for an ambulance. Witness 2 stated that her son sustained two “holes” near his
right elbow and an abrasion on the right side of his stomach. Witness 2 also stated that
later she found two shotgun pellets in her son’s blanket that matched the size of the
“holes.” (Att. 21)

In a statement to IPRA on 04 September 2009, the victim, Subject 1, stated that
on the night of the incident he was asleep in his parent’s bedroom when the police
entered his house. Subject 1 stated that his mother woke him and brought him into their
kitchen. Subject 1 stated that he was asleep during the shooting, and did not hear any
gunshots. Subject 1 stated that an ambulance took him to the hospital. Subject 1 stated
that he sustained “two holes” on his right arm and a “cut” on his stomach. (Att. 23)

The Case, Arrest, and Tactical Response Reports provided accounts that were
consistent with the Summary of Incident. The reports indicated that officers from the
Area Two Gun Team executed a forced-entry search warrant at a residence on the 14600
Block of South California, in Posen IL. The officers knocked and announced their office,
but did not receive a timely response. The officers forcefully entered the residence and
were confronted by a large Rottweiler dog. The dog charged at the lead officer, Officer
A, who discharged his shotgun, striking the dog. A second dog also charged at the

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officers and Officer B discharged his firearm at it. Officer A advanced into the hallway
to clear the rest of the houses and the Rottweiler lunged at him aggressively, at which
time Officer A fired an additional round at the attacking dog. All occupants of the house
were then brought to the kitchen area. While they were in the kitchen it was observed
Subject 1 was bleeding from his right arm and EMS was immediately requested. When
asked how he sustained his injury, Subject 1 stated that the dog scratched and bit him.
Subject 1 was transported by ambulance to Ingalls Hospital where he was treated for two
linear puncture wounds on his right arm. A systematic search of the residence revealed
approximately $2,228 in narcotics (cannabis). (Att’s 10-13, 31, 33)

The Posen Police Department’s Case Report stated that on 14 February 2008, at
approximately 2145 hours, Posen Police Officer A was dispatched to the area of 145th
Street and Harrison Ave. to meet with Chicago Police Department officers regarding a
search warrant.

Upon arrival, Posen Police Officer A spoke with Chicago Police

Department Lt. A, whose unit was about to serve a search warrant on the 146th block of
California Ave. and requested that Posen Police Officers assist. Posen Police Officers A,
B, C and Posen Police Cpl. A followed the Chicago Police Officers to the residence on
the 14600 Block of South California Ave. Posen Police Officers established a perimeter
while the Chicago Police Officers entered the residence. Posen Police Officer A reported
that he heard several loud reports from inside the residence. Chicago Police Department
Lt. A requested that an ambulance respond to the location.

The report indicated that Chicago Police Department Lt. A related to Posen Police

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Officer A that two of his officers had fired at two aggressive dogs, a large brown
Rottweiler and a medium-sized black and white dog. Chicago Police Department Lt. A
added that Subject 1 may have been injured by one of the dogs.

The Posen Police Department’s Supplemental Report stated that at 2200 hours,
Posen Police Sergeant A was notified by Posen Police Cpl. A that Chicago Police
Officers assigned to the Area Two Gun unit executed a search warrant at a residence on
the 14600 Block of South California. During the execution of the warrant CPD Officers
had been forced to shoot two threatening and aggressive dogs in the house. A nine-yearold male juvenile was in the home at the time of entry and was asleep on the bedroom
floor located in the northwest corner of the first floor. He was transported by the Posen
Fire Department to Ingalls memorial Hospital for treatment of either a dog bite or a bullet
fragment injury to the area near his right elbow. The cause of the injury was unknown.
(Att. 18)

The Office of Emergency Management PCAD Event Query stated that on 14
February 2008, at 2147 hours, the Area Two Gun Team executed a search warrant at a
residence on the 14600 Block of South California. At 2217 hours it was reported that
two shots were fired, and two dogs had been destroyed. (Att. 15)

The Illinois State Police (“ISP”) Division of Forensic Services Crime Scene
Report stated that ISP Crime Scene Investigator A was requested by the Posen Police
Department to process an officer-involved shooting scene located at a residence on

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the14600 Block of South California, Posen IL. Crime Scene Investigator A arrived at
that locations and met with Posen Police Detective A, who told Crime Scene Investigator
A that a task force from the Chicago Police Department was executing a warrant at
Witness 1 residence. When the officers entered the residence they encountered two dogs.
The officers reported that the dogs came around a corner and toward Officers A and B.
Officer A discharged two rounds from his assigned shotgun at one of the dogs and
Officer B discharged two rounds from his .45 caliber pistol at the second dog. Both dogs
were killed and were subsequently removed by Posen Public Works. Subject 1 sustained
an unknown injury during the execution of the warrant. Paramedics were summoned and
it could not be determined at the scene if the injury was from a projectile traveling
through one of the dogs and striking, Subject 1’s hand, or if it was a dog bite. Subject 1
was subsequently transported to a hospital.

Supervisors from the Chicago Police Department and from the Posen Police
Department arrived at the residence. CPD Sgt. A entered the residence and recovered
two red plastic shotgun shells and two .45 caliber “Winchester” shell casings. CPD Sgt.
A placed all four shells in an envelope. The scene was secured until Crime Scene
Investigator A arrived.

CPD Sgt. A gave the expended cartridges to Crime Scene

Investigator A upon her arrival. Crime Scene Investigator A requested that Officers A
and B return to the scene and turn their firearms over to her. Officers A and B returned
and Crime Scene Investigator A inventoried their firearms and magazines.

When Crime Scene Investigator A processed the residence, she observed blood-

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like stains in a drag-like pattern on the carpet in the living-room. A larger pool of a
blood-like stain was also observed in the middle of the living room floor. The furniture
had been overturned and the entire house appeared to have been “ransacked.” Crime
Scene Investigator A was informed that the residence had been searched in accordance
with the warrant prior to her arrival. No expended cartridge casings were recovered in
the living room.

Crime Scene Investigator A recovered a metal fragment with a blood-like stain on
it from the floor just inside the doorway of the northwest bedroom. A large pool of a
blood-like stain was also located just inside the doorway to this bedroom. Drag marks of
the stain led in a pattern out the front door of the residence. The bedroom had been
“completely ransacked” with papers and furniture on the floor.

No other items of

evidentiary value were located in the bedroom.

Crime Scene Investigator A examined the bathroom and the northeast bedroom.
No expended cartridge casings, projectiles, or blood-like stains were observed.

Crime Scene Investigator A examined the kitchen and located a metal fragment
on the floor near the southwest corner of the kitchen.

Crime Scene Investigator A subsequently inventoried two red plastic shotgun
shells, and two .45 caliber expended cartridge casings that were recovered by CPD Sgt. A

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U #08-005
at the scene, Officer A’s Remington 870 Auto Shotgun, and Officer B’s .45 Caliber
firearm with eight live rounds in the magazine and one live round in the firearm’s
chamber. Crime Scene Investigator A also inventoried a second magazine loaded with
six live rounds from Officer B’s duty belt. Crime Scene Investigator A also inventoried
the metal fragments located from the floors in the northwest bedroom and the kitchen.
(Att. 39)

Medical records obtained from Ingalls Memorial Hospital stated nine year old
Subject 1 arrived at the emergency room via ambulance. The paramedics informed
hospital personnel that Witness 1 home was raided by the police and Subject 1 was
possibly bitten by the family dog. Witness 2 informed hospital personnel that the family
pets were shot by the police, and that Subject 1 had a gunshot wound to his right arm.
Subject 1 told hospital personnel that the family pet fell on top of his arm. Subject 1 was
diagnosed with multiple puncture wounds to his right arm and a superficial linear
abrasion to the right abdominal wall. Subject 1 was treated and released. (Att. 19)
An Illinois State Police (“ISP”) Division of Forensic Services Report stated that
Officer A’s shotgun and Officer B’s pistol were examined and found to be in firing
condition. The two recovered expended shotgun shells were examined and determined to
have been fired from Officer A’s shotgun. The two .45 caliber expended cartridge
casings were examined and determined to have been fired from Officer B’s pistol. The
metal fragment, a bullet jacket recovered from the floor of the kitchen was examined and
determined to have been fired from Officer B’s firearm. The metal fragment found on
the floor in the northwest bedroom was examined and determined to be either 00 or 000

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Buckshot Size. (Att. 40)

ISP Division of Forensic Services photographs depict the location of incident.
(Att. 37, 38)

Officer A related to the Roundtable panel an account of the incident that was
consistent with the Summary of Incident. (Att. 5)

In a statement to IPRA on 04 December 2008, Officer A, related that on the night
of the incident he assisted in the execution of a search warrant on a residence in Posen,
Illinois. Officer A was assigned to “shotgun duty,” which he explained meant that he
was given a Department-issued shotgun and that he was the first officer to enter the
residence in order to secure the premises. Officer A stated that when he first entered the
residence he walked into the living room and a large Rottweiler and a smaller black dog
immediately charged at him. Officer A feared for his safety and the safety of his fellow
officers and discharged his shotgun once, striking the Rottweiler. Officer A walked to
the opening for a hallway to secure the area, and saw a room to his left. The Rottweiler
then charged at Officer A again, and Officer A discharged his firearm a second time at it.
Officer A explained that he and the dog were in a hallway between the living room and a
bedroom. After Officer A discharged his firearm a second time he entered the bedroom
and saw Witness 1, Witness 2, and Subject 1. Officer A had them exit the bedroom.
Officer A continued to secure the residence and at one point Subject 1 said that the dog
bit him. Officer A stated that he did not see any injury to Subject 1. An ambulance

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U #08-005
subsequently transported Subject 1 to the hospital. (Att. 26)

Officer B related to the Roundtable Panel an account of the incident that was
consistent with the Summary of Incident. (Att. 5)

In a statement to IPRA on 09 December 2008, Officer B stated that on the night
of the incident was present during the execution of a search warrant at a residence on the
14600 Block of South California, in Posen Illinois.

Officer B stated that officers

breached then entrance of the residence and Officers A and Wallace entered the house.
As Officer B was about to enter the residence, he heard a “shot from the shotgun.”
Officer B entered the residence and inside the living room he saw a medium-sized dog
approaching him in a very aggressive manner.

Fearing for his safety, Officer B

discharged his firearm twice at the dog. Officer B walked through the living room and
approached a bedroom when he heard another “shot from the shotgun.” Officer B looked
into the bedroom and saw Witness 1 and Witness 2. Officer B also saw Subject 1 and a
large dog in the bedroom. Officer B then backed away from the bedroom did a cursory
check of the rest of the residence. A short time later Officer B saw Subject 1 in the
kitchen and saw some blood on his arm. Officer B stated that an ambulance had already
been requested Officer B recalled that Subject 1 said that the dog bit him. (Att. 27)

Officer C related to the Roundtable Panel an account of the incident that was
consistent with the Summary of Incident. (Att. 5)

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U #08-005
In a statement to IPRA on 10 December 2008, Officer C stated that he was
present during the execution of a search warrant at a residence on the 14600 Block of
South California, in Posen Illinois. Officer C explained that after the entrance to the
residence was breached he and Officer A entered the residence. A large dog approached
Officer A and Officer A shot the dog. Officer C stated that he was standing behind
Officer A when Officer A shot the dog with a shotgun. Officer C then heard another
gunshot behind him and when he turned around he heard a third gunshot and saw Officer
B shoot a second dog. Officer C stated that he believed he proceeded out of the living
and into the hallway that leads to bedrooms when Officer A shot the first dog a second
time in a hallway. As the officers secured the house Officer C saw the Family being
escorted out of a bedroom. Officer C stated that he saw that Subject 1 had what appeared
to be a dog bite on his arm. Officer C explained that when the paramedics arrived at the
house they said that Subject 1’s wound appeared to be a dog bite. Officer C also said that
Subject 1 stated that the dog bit him. Officer C stated that he never entered any of the
bedrooms. (Att. 28)

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CONCLUSION AND FINDING:
This investigation found that Officer A’s and Officer B’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;

b.

attempted 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.”

The officers’ actions met the requirements of the Department’s deadly force
policy. The involved officers provided separate and consistent accounts of the incident;
Officers A and Officer B encountered two aggressive Rottweiler dogs during the
execution of a search warrant. To prevent great bodily harm from the dogs, Officer A
discharged his shotgun and Officer B discharged his pistol at them. Officer A followed
the dog into an interior hallway and in that hallway, near the entrance to a bedroom, the
dog charged at Officer A again. Officer A discharged his firearm a second time at the

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attacking dog. The accounts of Officers A and B are corroborated by Officer C and the
related Chicago Police Department, Posen Police Department, and the Illinois State
Police reports.

Witness 1 and his wife, Witness 2 provided inconsistent statements regarding this
incident. Witness 1 stated that stated that he heard a gunshot and then saw one of his two
dogs, a one-hundred-and-twenty-pound Rottweiler, come into his bedroom and lie down
on the floor. Officer A entered the bedroom and discharged his shotgun at the dog.
Witness 2 stated that the Rottweiler was lying on top of her eleven-year old son, Subject
1, when Officer A discharged his shotgun at the dog. Subject 1 stated that he was asleep
during the incident and never heard any gunshots. The related police reports stated that
Subject 1 immediately said that the dog bit him. The medical records indicated that
paramedics informed hospital personnel that a dog bit Subject 1’s arm. Medical records
indicated that Witness 2 stated that the her son’s injuries were caused by a gunshot, and
Subject 1 told hospital personnel that the dog fell on top of his arm. Subject 1 was
diagnosed with multiple puncture wounds to his right arm and a superficial linear
abrasion to the right abdominal wall.

While the cause of Subject 1’s injuries was

undetermined, the officers discharged their firearms at the dogs to prevent great bodily
harm to themselves and other officers.

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