INDEPENDENT POLICE REVIEW AUTHORITY
PUBLIC REPORT OF INVESTIGATION
INVESTIGATION
NUMBER:
OFFICER(S)
INVOLVED:

Log # 1016616; U#08-12

“Officer A” (Chicago Police Department Officer) —
Male/Black; 36 years old; Off-duty; Year of Appointment
— 1995

OFFICER
INJURIES:

None reported

SUBJECT(S)
INVOLVED:

“Subject 1” — Male/Black; 23 years old

SUBJECT
INJURIES:

Gunshot wound to the right forearm

INITIAL
INCIDENT:

Shots fired

DATE/ TIME:

16 May 2008, 2027 hours

LOCATION:

501 W 127th Street – Alley
Beat 523

Page 1 of 9

 INDEPENDENT POLICE REVIEW AUTHORITY
Log #1016616; U #08-12
SUMMARY OF INCIDENT:
On 16 May 2008, at approximately 2036 hours, off-duty Officer A was
standing outside, talking with people he knew when he heard rapid gunfire in the area.
Everyone on the street gathered the children and left the area. Officer A ran into an alley
behind the location and heard what he believed to be gunfire. Officer A observed two
black males, drew his weapon and announced his office. One of the black males, now
known as Subject 1, was holding a weapon and then turned toward Officer A and fired.
Officer A took cover and returned fire, striking Subject 1. Subject 1 fell on top of the
second black male, the two then got to their feet and fled the area. Officer A called “911”
from his mobile telephone, reported the incident, provided a full description of Subject 1
and requested assistance.

Page 2 of 9

 INDEPENDENT POLICE REVIEW AUTHORITY
Log #1016616; U #08-12
INVESTIGATION:
Witness 1 related to the Roundtable panel that she was outside her
residence talking with Officer A when she heard gunshots in the area. Witness 1 grabbed
her son and went inside her residence. Once inside she heard additional shots. Witness 1
did not observe the shooting.

Attempts to contact Witness 1 by telephone and personal visits were conducted in
an attempt to obtain a comprehensive interview, but all attempts were unsuccessful.

A Chicago Police Department Detective related to the Roundtable panel that he
responded to Roseland Hospital and was informed by hospital staff that Subject 1 arrived
at the hospital with a through and through gunshot wound to the right forearm. The
detective spoke with Subject 1 who related that he was shot in “100’s” (100-110th Streets
in the area) and he did not know who shot him. After several questions, Subject 1
admitted to being shot on 127th Street. Subject 1 was treated and released to the custody
of Chicago Police Detectives. Detectives transported Subject 1 to Area Two Detective
Division for questioning.

Officer A related to the Roundtable panel an account consistent with the facts
submitted in the Departmental reports.

The First Deputy’s Report submitted by a Chicago Police Department Assistant
Deputy Superintendent included an account of the incident that is consistent with the
Summary of Incident.

The General Offense Case Report, Arrest Report and Tactical Response Report
(TRR) and the Officer’s Battery Report provided accounts of the incident that are
consistent with the Summary of Incident. Detectives detained Subject 1 for questioning
and placed him in a police line-up in an attempt to have Officer A positively identify the

Page 3 of 9

 INDEPENDENT POLICE REVIEW AUTHORITY
Log #1016616; U #08-12
INVESTIGATION (Continued):
black male involved in the incident. Officer A positively identified Subject 1 as the black
male who fired a weapon at him.

The Supplementary Case Report includes an account of the incident that is
consistent with the Summary of Incident. The report also includes information that
when Detectives questioned Subject 1 at Roseland Hospital he stated that he was shot in
the vicinity of 100th and 110th Street. Subject 1 also stated that he was alone when the
incident occurred. Subject 1 stated that two friends (no names provided) transported him
to Roseland Hospital. During the questioning Detectives asked Subject 1 if he was shot
near 127th Street because he fit the description of an individual involved in an incident in
the area. Subject 1 then related that he had been shot near 127th Street.

Subject 1 stated to Area Two Detectives that he and a friend (No Further
Information, “NFI”) had been drinking earlier during the day. The two went walking on a
bike path in the vicinity of 127th Place. While walking, Subject 1’s friend pulled out a
handgun and began firing in the air. Subject 1 asked his friend to stop firing, but his
friend did not. Subject 1 reached up, attempted to pull the handgun out of his friend’s
hand, and was subsequently shot in the forearm. Subject 1 ran north on the path and was
taken to Roseland Hospital by a friend (NFI). Subject 1 told officers that his friend shot
him on the path at approximately 8:27 pm (2027 hrs) in the vicinity of 127th Place.

Area Two Detectives conducted a search of the area in an attempt to locate
Subject 1’s weapon, with negative results.

An Assistant State’s Attorney attempted to interview Subject 1, who invoked his
right to legal counsel. The Assistant State’s Attorney terminated the interview and
informed Detectives that there would be no charges lodged until the results of the
Gunshot Residue Test Kit were analyzed. Subject 1 was then released without charges.

Page 4 of 9

 INDEPENDENT POLICE REVIEW AUTHORITY
Log #1016616; U #08-12
INVESTIGATION (Continued):
An Arrest Report for Subject 1, dated 13 September 2008, indicates that he was
arrested in relation to the 16 May 2008 police involved shooting. Officers assigned to
Beat 5642 had knowledge of Subject 1 being a subject of an Investigative Alert with
cause to arrest. Officers located Subject 1 at his residence, placed him into custody and
transported him to Area Two for processing. It was further determined that Subject 1 had
a non-serviceable warrant issued by the Rock Island County Illinois Sheriff’s Office. The
State’s Attorney denied filing felony charges related to the shooting due to an
inconsistent identification. CPD decided not to file misdemeanor charges.

A Canvass of the area conducted by IPRA investigators produced no additional
witnesses or information.

Attempts by detectives and officers from the Gang Intelligence Unit to locate
Subject 1’s friend at his last known address were unsuccessful. The reporting investigator
attempted to locate Subject 1’s friend via a personal visit to his last known address, but
was unsuccessful. Detectives from CPD also attempted to locate Subject 1’s friend but
were unsuccessful. Detectives then issued a Wanted Offender Investigative Alert for
Subject 1’s friend.

Personal visits by IPRA investigators to the hospital and last known address of
Subject 1 were conducted in an effort to obtain an interview; these personal visits were
unsuccessful.

Medical records obtained from Roseland Hospital reflect that on 16 May 2008, at
2055 hours, the hospital staff received a 23 YOA black male (Subject 1) who complained
of a gunshot wound to the right forearm. Subject 1 informed the staff that 30 minutes
prior to his arrival at the hospital someone shot him. Radiology reports reflect that
Subject 1 presented with a gunshot wound to the right forearm. There appeared to be no

Page 5 of 9

 INDEPENDENT POLICE REVIEW AUTHORITY
Log #1016616; U #08-12
INVESTIGATION (Continued):
fracture and no foreign bodies in the wound (through and though). Hospital staff notified
the Chicago Police Department of Subject 1’s presence in the Emergency Room.

The OEMC event query printouts of the incident indicated that on 16 May 2008
between 2027 and 2034 hours, several people in the area where this incident occurred
contacted “911” and reported shots fired. At approximately 2036 hours Officer A
contacted “911,” provided his name, star number and reported “shots at and by the
police.” Officer A also provided a description of the offenders’ clothing and race. Officer
A described the first offender as a black male, approximately 5’7”, 145lbs., dark skin,
short hair, wearing a black T-shirt, hat, black pants, and carrying a handgun. The second
offender was described as a black male, approximately 5’9”, 150 lbs., medium
complexion, wearing a white t-shirt, blue jeans, white baseball cap and white gym shoes.
OEMC broadcast descriptions of the offenders as provided by Officer A.

Crime Scene Processing Reports reflect that two officers assigned to Beat 9603
recovered and inventoried Officer A’s weapon. The officers photographed and taped the
scene of the incident. A third officer administered a Gunshot Residue Test to the back of
Subject 1’s left and right hands. Photographs of Subject 1 participating in a line-up were
taken.

Reports from the Illinois State Police Division of Forensic Services (ISP) reflect
that the officer’s weapon was found to be in good firing condition. The Gunshot Residue
Test conducted on Subject 1 indicated that Subject 1 discharged a firearm, had contact
with a PGSR (Primer Gunshot Residue) related item, or had his left hand in the
environment of a discharged firearm.

In a formal statement taken at the Independent Police Review Authority, Officer
A in essence related that which was reported at the Roundtable and in Department

Page 6 of 9

 INDEPENDENT POLICE REVIEW AUTHORITY
Log #1016616; U #08-12
INVESTIGATION (Continued):
reports. Officer A related that he heard rapid gunshots in the area. He then ran into an
alley behind the location, heard what he believed to be gunfire, and observed two
unknown black males. Officer A drew his weapon and announced his office. Subject 1,
who was holding a weapon, turned toward Officer A and fired. Officer A returned fire –
striking Subject 1, whom after being struck got to his feet and he and the other unknown
male fled the area. In addition, Officer A related that he did not know Subject 1 prior to
the incident. Officer A related that during the incident he was able to obtain a good look
at Subject 1’s face. Officer A added he was able to positively identify Subject 1 in a lineup

based

on

his

clothing,

complexion,

Page 7 of 9

hair,

height

and

his

shoes.

 INDEPENDENT POLICE REVIEW AUTHORITY
Log #1016616; U #08-12
CONCLUSION AND FINDING:
This investigation found that the use of Deadly Force by Officer A was in compliance
with Department policy and Illinois State statutes. 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 involves the infliction, threatened infliction, or
threatened use of physical force likely to cause death or
great bodily harm;

b.

is attempting to escape by the 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 while off-duty heard gunfire. Officer A ran toward the sound of gunfire and
observed Subject 1 and a second unknown male firing a weapon. Officer A announced
his office and drew his weapon. Subject 1 turned and fired at Officer A. Officer A
reasonably

believed

“that

deadly

force

Page 8 of 9

was

necessary

to

prevent

 INDEPENDENT POLICE REVIEW AUTHORITY
Log #1016616; U #08-12
CONCLUSION AND FINDING (Continued):
death or great bodily harm to the sworn member or to another person” when he
discharged his weapon, striking Subject 1 in the right forearm.

Page 9 of 9