INDEPENDENT POLICE REVIEW AUTHORITY Log #1017636/U#08-22 INVESTIGATION NUMBER: U#08-22, Log #1017636 OFFICER INVOLVED #1: “Officer A” (Chicago Police Officer); Male/Hispanic; 30 years old; On Duty; In Civilian Dress; Year of Appointment – 2001 OFFICER INJURIES: None Reported SUBJECT: “Subject 1”; Male/Hispanic; 18 years old SUBJECT INJURIES: Gunshot wound to the center of his back, deceased. INITIAL INCIDENT: Officers were attempting to conduct a field interview. DATE/TIME: 24 June 2008, at 1704 hours LOCATION: 2721 North Kilbourn Avenue – in the street adjacent to Kelvyn Park Beat 2521 Page 1 of 10 INDEPENDENT POLICE REVIEW AUTHORITY Log #1017636/U#08-22 SUMMARY OF INCIDENT: On 24 June 08, at approximately 1704 hours, Officer A and Officer B were assigned to Beat 2561B. Officer A and Officer B were in civilian dress. Officer A and Officer B rode in their unmarked squad car on routine patrol. Officer A drove the squad car south on Kilbourn near Parker, at the north end of Kelvyn Park. The officers observed a light-colored SUV double-parked on Kilbourn, south of Parker. A male, later identified as the subject Subject 1, stood on the driver’s side of the SUV and talked with the driver. The SUV faced south and obstructed traffic. When the squad car approached the SUV and was approximately two carlengths away, Subject 1 looked at the officers and mouthed the words, “Oh, shit.” Subject 1 stepped away from the SUV. The SUV pulled away and continued southbound on Kilbourn. Subject 1 walked to the east sidewalk of Kilbourn and grabbed the hand of a female, later identified as Witness 1, Subject 1’s girlfriend. Subject 1 and Witness 1 walked south. Officer A ordered Subject 1 and Witness 1 to come to the squad car. Officer A intended to conduct a field interview. Subject 1 ran north on Kilbourn. Officer A exited the squad car and said, “Stop, police.” Subject 1 continued to flee on foot and began to remove a weapon from his pants. Subject 1 raised his weapon. Officer A observed Subject 1’s weapon and drew his own weapon. Officer A ordered Subject 1 to drop his weapon. Officer B at first remained in the squad car, but then exited the car and also ran north on Kilbourn to parallel Subject 1 and Officer A. Officer B observed Subject 1 remove a gun from his waistband and yelled, “He’s got a gun!” Subject 1 turned and pointed his gun at Officer A. Officer A fired six rounds at Subject 1, who was struck once. Subject 1 fell down with his gun still in his hand. The gun then slid to the curb. The officers secured the gun and called for an ambulance. Subject 1’s weapon, a .357 largeframe Ruger Security 6 revolver, had a six-round capacity, with four live weapons in the cylinder and two empty chambers. Page 2 of 10 INDEPENDENT POLICE REVIEW AUTHORITY Log #1017636/U#08-22 INVESTIGATION: Witness 1 related to the Roundtable Panel that she was with Subject 1 at a residence prior to going to Kelvyn Park. As Subject 1 and Witness 1 left the residence, Subject 1 pulled up his pants. Subject 1 wore a t-shirt, “untucked,” over the waist bands of his pants. When Subject 1 and Witness 1 walked to Kelvyn Park, Subject 1 met his cousin, “[Name Withheld],” and two unknown males and an unknown female. The group walked into an alley west of Kilbourn and south of Parker. Subject 1 asked one of the unknown males, who was Hispanic, if he (the unknown male Hispanic) had set up Subject 1 to be killed. The unknown Hispanic subject told Subject 1 that if that had happened, Subject 1 would be dead already. Subject 1 and Witness 1 then walked from the alley east to Kilbourn. Subject 1 spoke with the driver of a SUV that was double-parked on Kilbourn. Subject 1 then walked to the east sidewalk where Witness 1 was standing. Subject 1 took Witness 1’s right hand with his left hand. Subject 1 and Witness 1 walked south three or four steps and an unmarked squad car stopped them on Kilbourn. The driver officer 1 said, “You two, come here.” Subject 1 ran away on Kilbourn. Witness 1 looked at the officers and saw one officer shoot at Subject 1. Witness 1 did not see Subject 1’s hands before he was shot. Witness 1 did not see Subject 1 in possession of a gun during the day and had not seen him with a gun in the past. Witness 2 stated 2 to the Roundtable Panel that she was walking south on Kilbourn from Diversey on the west sidewalk. She crossed from the northwest corner of Kilbourn and Parker to the southwest corner of that intersection. As Witness 2 was walking she saw a police car have an “interaction 3 ” with Subject 1 on Kilbourn. Witness 2 observed officers chasing Subject 1. Subject 1 ran north on the east side of Kilbourn. Witness 2 was on the southwest corner when she saw Subject 1 pull out a gun from his waistband. Subject 1 had the gun in his right hand. Witness 2 described the gun as a “long, big gun” that was black and brown. Subject 1 began to turn around, making a “half-turn” to his left, toward the police officers. Witness 2 did not hear anyone say, “He’s got a gun,” at any time. Witness 2 stated that it was “quiet” before the shots were fired. The officers used their radios, but she was not sure whom the officers were contacting via radio. Officer B stated to the Roundtable Panel that he and Officer A were on routine patrol on Kilbourn. Officer B saw a white SUV, which was facing south and blocking traffic on Kilbourn. A male Hispanic, now known to be the subject, Subject 1, was outside the SUV talking to the SUV’s driver. The squad car was close to the SUV when Officer B saw Subject 1 mouth the words, “Oh, shit.” Subject 1 then walked to the east sidewalk on Kilbourn to a female, Witness 1, who was standing there. The SUV drove away southbound on Kilbourn. Subject 1 grabbed one of Witness 1’s hands and started walking south with her. Officer A called out to Subject 1 and Witness 1 and told them to come to the squad car. Officer A opened the driver’s side door of the squad car. Subject 1 ran north on Kilbourn to the sidewalk, toward Parker Street. Officer A ran after Subject 1. 1 Now known as Officer A in his statement to the Roundtable Panel. CPD Detective B, served as an interpreter for Witness 2. 3 This term was used by CPD Detective B. 2 Page 3 of 10 INDEPENDENT POLICE REVIEW AUTHORITY Log #1017636/U#08-22 Officer B moved to the driver’s side of the squad car, but then exited the car and ran north on the west side of Kilbourn to parallel the foot chase. Officer B said he was “quite a few” steps behind Officer A. Officer B heard Officer A state, “Stop, police. Halt, police.” Subject 1 ran on a line toward the southwest corner of Kilbourn and Parker. Officer B saw Subject 1 use his right hand to pull something out his waistband. Officer B then observed that Subject 1 had pulled out a blue-steel revolver. Officer B yelled, “Gun!” Officer B did not know if Officer A heard him. Officer B observed Subject 1 point his gun at Officer A. Officer A fired several times at Subject 1. Subject 1 took two steps and fell to the ground. Subject 1’s gun hit the ground while it was still in Subject 1’s hand. The gun then slid to the west curb. Officer B used his radio to report the shooting and requested an ambulance. Officer B stated that he did not know Subject 1 from any previous incidents. Officer B did not hear Subject 1 say anything during the incident. Officer B stated that he withdrew his weapon when he saw Subject 1’s gun. Officer B did not fire his weapon. Officer A stated to the Roundtable Panel that he and Officer B were on routine patrol when they observed a SUV double-parked on Kilbourn south of Parker. A male, Subject 1, was leaning into the driver’s side of the SUV, talking to the SUV’s driver. As Officer A drove the squad car south on Kilbourn, he observed a female, Witness 1, on the east sidewalk. As the squad car approached, Subject 1 looked in the officers’ direction and mouthed the words, “Oh, shit.” Subject 1 quickly walked away from the SUV and went to the east sidewalk. The SUV drove south on Kilbourn, Subject 1 forcefully grabbed one of Witness 1’s hands and walked with her south toward Wrightwood. Officer A asked Subject 1 and Witness 1 to come to the squad car. Officer A began exiting the squad car. Subject 1 looked at Officer A and fled on foot north on Kilbourn. Officer A ran after Subject 1. Officer A observed Subject 1 reaching into his waistband and saw that he had a gun. Officer A withdrew his weapon and stated, “Stop, police. Let me see hands, Drop the gun.” Subject 1 pointed his gun at Officer A, who in fear of his life, fired six shots at Subject 1, who fell to the ground. When Subject 1 fell, Subject 1’s gun slid toward the west curb. Officer A and Officer B reported the incident on the radio and requested an ambulance. Officer A stated that he did not know if he had contact with Subject 1 in the past because he (Officer A) patrols the Kelvyn Park vicinity. Officer A stated that he wanted to conduct a field interview with Subject 1 and Witness 1 because he did not know what Subject 1 was doing while leaning into the SUV. Subject 1’s hands were moving back and forth while he talked with the SUV driver. Officer A was also concerned because Subject 1 moved away from the SUV and mouthed, “Oh, shit,” when he saw the officers. Officer A did not hear Subject 1 say anything during the incident. CPD Detective A related to the Roundtable Panel that he and CPD Detective B and CPD Detective C went to the Medical Examiner’s Office and observed Subject 1’s body. Subject 1 had one gunshot wound to the center of his back, with the bullet lodged. Subject 1 had abrasions to his left upper shoulder and over his left eye. There were also bruises to Subject 1’s neck which were believed to be “hickies.” Holes in Subject 1’s shirt were consistent with the location of his wound. Subject 1 wore a home-monitoring bracelet. Subject 1 had been convicted of aggravated UUW and was on probation for that offense. (Att. 4,5) Page 4 of 10 INDEPENDENT POLICE REVIEW AUTHORITY Log #1017636/U#08-22 The Weapon Discharge Report from Assistant Deputy Superintendent A included an account of the incident that is consistent with the Summary of Incident. Assistant Deputy Superintendent A added that Subject 1’s weapon was knocked out of his hand by the action of striking the street causing the weapon to slide to the curb. (Att. 3) The Tactical Response Report (TRR) completed by Officer A indicated that he fired his weapon six times at Subject 1. The TRR described Subject 1 as an Assailant: Deadly Force, in that his actions were likely to cause death or great bodily harm. The TRR indicated that Officer A discharged his weapon from a distance of approximately 10 to 15 feet. (Att. 15) Officer A’s Battery Report indicates that he did not sustain any apparent injuries. (Att. 16) The related Department Reports, including the Arrest Report and Original Case Incident Report, included an account of the incident that is consistent with the Summary of Incident. (Att. 6, 52, 53) In a statement with IPRA dated 24 June 2008, Witness 1 stated that she knew Subject 1 for the past four years and dated him during that time. Witness 1 was with Subject 1 on the date of the incident at Subject 1’s aunt’s, “[Name Withheld]” (also called “[Name Withheld]”), apartment located on the 2500 block of N. Kilbourn. Just before the incident, Subject 1 asked Witness 1 if she wanted to go to Kelvyn Park and Witness 1 agreed. As Subject 1 and Witness 1 exited the residence on the 2500 block of N. Kilbourn, Witness 1 observed Subject 1 pull up his pants briefly. Witness 1 did not see a gun on Subject 1 at that time, including his waistband. Subject 1’s white “dago-tee” was worn over his jean shorts, down to the middle of his thighs. Subject 1 saw his friend, “[Name Withheld],” sitting on a bench. “[Name Withheld]” got off the bench and walked towards Subject 1. Subject 1 and “[Name Withheld]” spoke to each other for “two seconds” and then Subject 1 continued walking with Witness 1. Witness 1 and Subject 1 walked north on Kilbourn toward Kelvyn Park. They walked to the tennis court area near Kilbourn where Subject 1 talked to his cousin, “[Name Withheld].” Witness 1, Subject 1, “[Name Withheld],” “[Name Withheld],” and a third unknown male Hispanic and an unknown female Hispanic walked into the alley just west of the park between Parker and Schubert. Witness 1 heard Subject 1 state, “So I heard you want to set me up to be murdered?” to the male Hispanic. The male Hispanic said that if he wanted to do that, he would have killed Subject 1 already. Witness 1 then left the alley. About ten seconds later, Witness 1 told Subject 1, “Let’s go.” Witness 1 and Subject 1 walked across Kilbourn to the sidewalk next to Kelvyn Park, near the tennis court. An unknown male, whom Witness 1 does not know, drove south on Kilbourn in a tan or brown SUV. The male driver appeared to be Hispanic and alone in the SUV. Subject 1 walked over to the SUV and the driver stated, “Hey, what’s up?” Witness 1 stayed by the gate to the park. Subject 1 talked to the SUV driver for less than two minutes. Subject 1 came back to the sidewalk and grabbed Witness 1’s hand and the two of them walked approximately three steps south on the sidewalk. An unmarked police car drove south on Kilbourn and stopped near Witness 1 and Subject 1. The driver officer, Officer A, stated to Witness 1 and Subject 1, “Hey you two, come Page 5 of 10 INDEPENDENT POLICE REVIEW AUTHORITY Log #1017636/U#08-22 here.” Witness 1 stepped toward the car but remained on the sidewalk. Subject 1, who was closest to the curb with Witness 1 on his left, let go of Witness 1’s hand and ran northbound into the street. Officer A stated, “Don’t think we’re not going to catch you.” Subject 1 ran south toward Fullerton. Subject 1 at this point was north of the squad car. Officer A and the passenger officer, Officer B, were both outside of the squad car. Witness 1 heard three or four gunshots as Officer A fired at Subject 1. Witness 1 was still standing on the sidewalk next to the tennis court when Officer A fired his weapon. Witness 1 was about three car-lengths from Officer A when he fired his weapon. Officer A’s back was facing Witness 1 as he fired his weapon. Witness 1 stated that she did not see Subject 1 reach for or have a gun in his hand, but she said he could have done so and she did not witness that. Witness 1’s view of Subject 1 during the shooting was blocked by the squad car and Officer A and Officer B. After Witness 1 observed Subject 1 lying on the street and saw blood on his shirt, Witness 1 ran south on the sidewalk next to the park and went to “[Name Withheld]” residence. Witness 1 went back to the scene with “[Name Withheld].” Witness 1 stated that the SUV left the scene south on Kilbourn. Witness 1 does not know what happened to “[Name Withheld],” “[Name Withheld],” and the unknown male and female Hispanic when the shooting occurred. Witness 1 stated that Subject 1 never stated that he had a gun on him on the date of the incident and she never saw a gun on him that day. Witness 1 did not hear Officer A say anything just before shooting Subject 1 and Witness 1 did not hear Subject 1 say anything to Officer A at that time. (Att. 11, 42) In a statement with IPRA dated 25 June 2008, Witness 2 stated that she was walking southbound on Kilbourn from Diversey to Parker and upon reaching a stop sign she observed two male Hispanics cross the street from west on Kilbourn to the park. A few seconds before the two Hispanics crossed the street, an unmarked white squad car with two officers approached westbound on Parker and turned left on Kilbourn. At that moment, the two male Hispanics crossed the street from the alley. Witness 2 observed that the squad car stopped right near a yellow brick apartment building. The driver officer, Officer A, exited the squad car at which time one of the male Hispanic’s, Subject 1, began to run northbound on Kilbourn toward Parker. (Att. 12) Officer A ran after Subject 1. Witness 2 could not hear if Officer A said anything to Subject 1 who continued to run away from Officer A. Witness 2 stated that she did not see another officer. Subject 1 then pulled up his shirt and pulled out a black/brown gun with a long barrel from the left front side of his body, waist. Subject 1 pulled the gun out with his left hand but did not point the weapon at the officer or any other person from or near the park. Witness 2 stated that there were a lot of people outside near the park, the corner building, and houses on Parker. Witness 2 stated that it appeared that Subject 1 was going to throw the gun because he kept the weapon pointed down. At that moment, Witness 2 heard more than three gunshots from Officer A who was running behind Subject 1. Witness 2 stated that at no time did she observe Subject 1 raise or point his gun toward Officer A. Witness 2 stated that at no time did she observe any other officer running behind Subject 1 or running with Officer A. Witness 2 immediately remained by the corner of Kilbourn and Parker. Witness 2 felt a bullet come near her, striking a tree located on Page 6 of 10 INDEPENDENT POLICE REVIEW AUTHORITY Log #1017636/U#08-22 the corner and causing damage to one of the branches. Witness 2 remained on the corner. Officer A fired three more shots and Subject 1 fell to the ground. Witness 2 stated that she believed that Subject 1 was struck in his back as he fell forward. Officer A continued running toward Subject 1 as Subject 1 was getting surrounded by people from the park and area. Officer A approached the crowd with his weapon drawn and pointed his weapon at everyone yelling, “Move, move out the way.” Officer A did not want anyone near Subject 1 or the location. Witness 2 remained in the area and was not allowed to leave. Witness 2 stated that she knew Subject 1 from the area and has seen him involved in gang activities. Witness 2 stated that during the chase of Subject 1 she did not hear Officer A yell anything to Subject 1. Witness 2 stated that she was approximately twenty-two to twenty-five feet away from when Subject 1 fell to the ground. In a statement with IPRA dated 16 July 2008, Witness 3 stated that she was on the front porch on the 4400 block of W. Parker with her mother-in-law, [Name Withheld] , [Name Withheld’s] husband, [Name Withheld], and [Name Withheld’s] sister, [name Withheld]. Witness 3 saw a “purplish” unmarked police car drive westbound on Parker and then southbound on Kilbourn. About five minutes later, Witness 3 heard a gunshot. Witness 3 stated that she saw a male Hispanic that she later leaned from television was named Subject 1, running northbound on Kilbourn. Subject 1 tried to keep going but the officer fired at him several times. Witness 3 did not see who fired at Subject 1 but was told afterwards that it was a male Hispanic officer who was the driver of the “purplish” car. Witness 3 stated that the other officer in the “purplish” car was a male white. Witness 3 did not hear the officers say anything before or after they fired. Witness 3 did not know how many shots were fired but stated that the shots stopped when Subject 1 fell to the ground. When Subject 1 fell to the ground, Officer A approached Subject 1 with his weapon pointed at Subject 1. Witness 3 could not say where Officer A was at when he fired his weapon but that Officer A was close to Subject 1. Witness 3 did not see a gun in Subject 1’s possession. Witness 3 stated that Subject 1 did not turn back for the entire time that she watched him run. Witness 3 stated that prior to the gunshots she was talking with other people on the porch and not paying attention to what happened before the gunshots. Witness 3 did not know Subject 1 and had never met him before. (Att. 34) A canvass was conducted of the vicinity of the location of incident which produced a juvenile witness, Witness 4. (Att. 8, 9) Attempts to contact and interview witnesses 5, 6, and Witness 4’s mother, [Name Withheld], via personal visits and certified and first class mail were met with negative results. (Att. 30, 31, 33, 35) The Chicago Fire Department (CFD) EMS incident Report indicates that on 24 June 2008, at 1711 hours, EMT’s responded to the scene and observed CFD Engine 91 with John Doe, now known as Subject 1. Personnel working Engine 91 stated that they found Subject 1 lying on the ground face up. Paramedics stated that Subject 1 was apparently under house arrest because he had a brace on his right leg. No other injuries were found other that a single Page 7 of 10 INDEPENDENT POLICE REVIEW AUTHORITY Log #1017636/U#08-22 entrance wound. Paramedics were released from the scene. Subject 1’s body “stayed on the scene as part of the crime scene.” (Att. 18) Evidence Technician Photographs and Videotape depict the location of incident, Subject 1’s body, and the recovered evidence. (Att. 24-28) The Crime Scene Processing Report indicates that a Ruger, model Security-Six, .357 Magnum Revolver, 6” BBL Blue Finish, serial number 155-13710, was recovered on the scene and inventoried under number 11339568. Officer A’s weapon, a 9mm Semi-Automatic, Sig Sauer, 4” BBL Black, serial number B302376, was inventoried under number 11339580. (Att. 21-23) The Office of the Medical Examiner Report of Postmortem Examination indicates that Doctor A, conducted the autopsy of Subject 1. A medium-caliber copper jacketed lead bullet was recovered from Subject 1’s chest. The entry wound was to Subject 1’s back and the bullet lodged in his chest. The course of the wound involved the aorta, pulmonary trunk, the left main stem bronchus and a lobe of the left lung. The wound caused bleeding around the lung and heart. Doctor A reported that there was no evidence of close-range gunshots on either Subject 1’s body or his clothing. The cause of death was determined to be a gunshot wound to the back with the manner of death being homicide. The toxicology report indicated that Subject 1 tested positive for alcohol with his blood alcohol level testing at 147mg/dL. (Att. 38-40) A Report from the Illinois State Police (ISP), Division of Forensic Services, dated 11 July 2008, indicates that Officer A’s weapon, a 9mm Semi-Automatic, Sig Sauer, 4” BBL Black, serial number B302376, was examined, found to be in firing condition, and test fired. The recovered fired cartridge was fired from Officer A’s weapon. (Att. 37) A Report from the Illinois State Police (ISP), Division of Forensic Services, dated 30 September 2008, indicates that the Ruger, model Security-Six, .357 Magnum Revolver, serial number 155-13710, and four live cartridges were examined and revealed no latent impressions suitable for comparison. (Att. 43) A Report from the Illinois State Police (ISP), Division of Forensic Services, dated 02 October 2008, indicates that the Ruger, model Security-Six, .357 Magnum Revolver, serial number 155-13710, was examined, found to be in firing condition, and test fired. Four unfired cartridges were also examined for caliber and type. (Att. 44) A Report from the Illinois State Police (ISP), Division of Forensic Services, dated 21 April 2009, indicates that swabs were collected from the Ruger, model Security-Six, .357 Magnum Revolver, serial number 155-13710, and preserved. A blood standard was collected from Subject 1 and also preserved. (Att. 45) Civil Suit, 08 L 7633, filed by [Name Withheld], who is the mother of Subject 1, indicates that on the date and time of the incident, officers discharged a firearm at Subject 1 which resulted in his death. (Att. 51) Page 8 of 10 INDEPENDENT POLICE REVIEW AUTHORITY Log #1017636/U#08-22 Office of Emergency Management and Communication records indicate that on 24 June 2008, at 1704 hours, an unidentified female reported that someone had just been shot by the police. (Att. 7, 54-58) In a statement with IPRA dated 08 March 2011, Officer B stated that on the date of the incident, he was on patrol near Kelvyn Park with his partner, Officer A. Officer B stated that Kelvyn Park is known to him as a high narcotics and gang area. Officer B stated that as they drove southbound on Kilbourn, they observed a double-parked SUV and a male subject standing on the street and leaning into the driver’s side window of the SUV. Officer B stated that the male subject mouthed the words, “oh shit,” as he looked at the officers. The male subject, now known to be Subject 1, walked to the east side of the street, grabbed a female subject, and said, “let’s walk.” Officer A called Subject 1 over to his vehicle. Officer B stated that Officer A called Subject 1 over because of Subject 1’s actions. Officer B stated that Subject 1 appeared to be involved in a narcotics transaction with the driver of the SUV and then acted suspiciously when he saw the police officers behind him. Officer B stated that the officers intended to conduct a field interview with Subject 1 when Officer A called him over. Subject 1 ran from the officers and they exited their vehicle and gave chase. Officer B stated that he and Officer A gained on Subject 1 as they ran because Subject 1 was attempting to remove something from his waistband. Subject 1 did pull out a handgun and Officer B shouted “Gun!” Officer B stated that Subject 1 turned toward Officer A and pointed his gun at him. At that point, Officer A discharged his weapon several times, striking Subject 1. Subject 1 fell into the street and dropped his weapon at the same time. Officer B felt for vital signs from Subject 1 and found no pulse. One of the officers called for an ambulance for Subject 1 and the officers guarded the scene until additional units arrived at the scene. (Att. 65, 68) In a statement with IPRA dated 11 March 2011, Officer A related an account of the events leading up to the shooting that was consistent with the account in the summary of incident and in Officer B’s statement. Officer A stated that he chased Subject 1 northbound on Kilbourn and towards the edge of the park. Officer A stated that Subject 1 began to turn eastbound onto Parker and it was at that time that Subject 1 produced a handgun and pointed it at Officer A. Officer A discharged his weapon six times and Subject 1 fell to the ground. Subject 1’s handgun fell and slid to the curb. Officer A and Officer B guarded the scene to ensure that no one touched Subject 1’s gun. Officer A stated that he summoned an ambulance and made notifications regarding his weapon discharge. Officer A repeatedly yelled “Stop” and “Police” while he chased Subject 1. (Att. 66, 67) Page 9 of 10 INDEPENDENT POLICE REVIEW AUTHORITY Log #1017636/U#08-22 CONCLUSION AND FINDING: This investigation found that the use of deadly force by Officer A was in compliance with Chicago Police 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 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 Chicago Police Department’s deadly force policy. A large handgun was recovered from the scene and both officers stated that Subject 1 had pointed the weapon at Officer A. Subject 1’s actions in fleeing from police and then pointing a weapon in the officers’ direction constituted a reasonable threat to the officers and a large crowd of bystanders in the park. Page 10 of 10