INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1020388/U# 08-37

INVESTIGATION
NUMBER:
Log # 1020388, /U # 8-37, Officer Involved Shooting
OFFICER
INVOLVED #1:

OFFICER
INJURIES:

SUBJECT:
SUBJECT
INJURIES:

INITIAL
INCIDENT:

“Officer A” (Chicago Police Officer); Male/Black; 36 years old;
On Duty; Civilian Dress; Year of Appointment – 1999

“Officer B” (Chicago Police Officer); Male/Black; 39 years old;
On Duty; Civilian Dress; Year of Appointment – 1994
One Gunshot wound to head, One Gunshot wound to Right
Shoulder, Two Gunshot Wounds to Right Front Forearm.

“Offender 1” – Male/Black; 37 years old

Six Gunshot wounds to Abdomen Chest, Seven Gunshot wounds
to the arms/legs-Per Dr A.

Officers were conducting surveillance prior to executing a search
warrant.

DATE/TIME:

28 Sept 2008, at 0550 hours

LOCATION:

7900 block of South Clyde Avenue, On the street
Beat 414

Page 1 of 12

 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1020388/U# 08-37
INVESTIGATION:

On 28 September 2008, Assistant Deputy Superintendent A submitted his
Weapon Discharge Incident Involving a Sworn Member Shots Fired at/by The Police
With Hits Report. He reported that on 28 September 2008, members of Unit 189 from
CPD Sgt. A’s 6220 team were scheduled to execute a search warrant on the 7900 block
of South Clyde. Officer B and Officer A were assigned to conduct surveillance on the
target of the warrant, Subject 1, and his residence. During the surveillance, Officer B and
Officer A were in separate covert vehicles and remained in contact with CPD Sgt. A and
the rest of the team via Nextel Radios. CPD Sgt. A was in another vehicle with the other
team members. The team members present for that day’s assignment were Officer B,
Officer A, Officer C, Officer D, Officer E, and CPD Sgt. A.
The target of the warrant Subject 1 arrived home during the course of
Officer B’s and Officer A’s surveillance. Officer A informed CPD Sgt. A that the
suspect, Subject 1, pulled up and parked the car he was driving in front of the residence
on the 7900 block of South Clyde. Officer A asked CPD Sgt. A if Subject 1 should be
taken into custody or permitted to enter the residence. CPD Sgt. A authorized the officers
to take Subject 1 into custody if it could be done safely. Officer B approached Subject 1’s
vehicle from the rear. When Officer B exited his vehicle, he announced his office and
instructed Subject 1 to raise his hands as he walked toward the front of his covert vehicle.
When Officer B reached the front of his vehicle, Subject 1 opened the driver’s side door
and began firing at Officer B who fell to the street wounded with one gunshot wound to
the head, one gunshot wound to the right shoulder, and two gunshot wounds to the right
front forearm.
Officer A approached Subject 1’s car from the front, as he was
approaching he heard the gunshots and observed muzzle flashes toward Officer B.
Officer A then discharged his weapon ten times at Subject 1 through the vehicle’s
windshield. Officer A then attempted to assist Officer B and requested help over his
Nextel Radio.
CPD Sgt. B of Beat 430 was at the intersection of 79th and Clyde when he
heard gunshots being fired. He turned south and arrived at Officer B’s vehicle where he

Page 2 of 12

 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1020388/U# 08-37
announced over the zone radio that an officer had been shot. Upon approaching Subject
1’s vehicle, CPD Sgt. B observed him in a prone position on the floor of his vehicle with
a revolver partially visible in his hand. CPD Sgt. B removed the revolver from Subject
1’s hands and placed it on the parkway adjacent to the vehicle where it was later
recovered by the assigned mobile unit. Officer B was transported to Christ Hospital and
Subject 1 was transported to Stroger Hospital.

In a Summary of the Roundtable Panel Interviews dated 28 September 2008,
Investigator A reported that Officer B died from the wounds inflicted by Subject 1. At
the time of the summary, Subject 1 was in extremely critical condition. The summary
related information not inconsistent with the information provided by Assistant Deputy
Superintendent A. Specifically, according to the report, Officer A stated that he and
Officer B were performing surveillance in the preparation for execution of a narcotics
warrant for Subject 1 at his residence. Officer A stated that he was parked three doors
south of the residence on the 7900 block of South Clyde, when Officer B radioed from
north of 79th Street on Clyde to say that he saw Subject 1 driving toward his home and
that Subject 1 was on the block. Officer A stated that the two informed their sergeant that
Subject 1 was on the block and asked if he should be detained. According to Officer A,
the two officers were told to “go ahead if it’s safe.” At which point Officer B said he was
ready and drove south on Clyde. When Officer B arrived at Subject 1’s vehicle, Officer
A said Officer B approached the driver’s side of Subject 1’s car and stated, “I am a police
officer, show me your hands.” Officer A further stated that while he never saw Subject
1’s gun, he did see “muzzle flashes” from Subject 1’s car at which point he began firing
his weapon through the windshield at Subject 1.

CPD Sgt. B provided a statement to the Roundtable Panel. His statement was in
line with the statement as reported by Assistant Deputy Superintendent A.

CPD Detective A, provided a statement to the Roundtable Panel. CPD Detective
A stated that he went to Stroger Hospital at approximately 0640 hours to check on the
status of Subject 1 and was informed that his condition was “extremely critical.” CPD

Page 3 of 12

 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1020388/U# 08-37
Detective A also stated that CFD paramedics recovered two small bags suspected to be
rock cocaine from Subject 1’s mouth which they turned over to CPD Detective A. (Att.
6).

The Search Warrant permitted the search of Subject 1 and the premises located
on the 7900 block of South Clyde to seize cocaine, any documents showing residency,
any paraphernalia used in the weighing, cutting or mixing of illegal drugs and any
money, or records detailing illegal drug transactions and proof of residence. (Att. 80).

The Tactical Response Report for Officer B indicated that Officer B produced
his service weapon when Subject 1 did not follow verbal direction, opened his door to
display a weapon and used force against Officer B likely to cause death or great bodily
harm. Assistant Deputy Superintendent A determined that Officer B’s actions were in
compliance with Department policy relative to use of force. (Att. 7).

The Injury on Duty Report stated that Officer B received gun shot wounds to
the head and chest while on a narcotics investigation working in civilian dress. (Att. 8).

The Officer’s Battery Report stated that Officer B was on duty in citizen’s dress
when he was shot. (Att. 9).

The Tactical Response Report for Officer A stated that he discharged his
service weapon at Subject 1 after Subject 1 placed him in imminent threat of battery
when he opened the door and produced a weapon. The report indicated that he shot 10
times while standing 10-15 feet from Subject 1. Assistant Deputy Superintendent A
determined that Officer B’s actions were in compliance with Department policy relative
to the use of force. (Att. 10).

In the Witness of Battery To/From he drafted, Officer A stated that he was
working in civilian dress conducting surveillance for a search warrant at a residence on
the 7900 block of South Clyde with Officer B when Officer B approached the offender

Page 4 of 12

 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1020388/U# 08-37
and the offender fired, striking Officer B. Officer A stated that Officer B was taken to
Christ Hospital. (Att. 11).

The Case Report indicated that an Aggravated Battery to a Police Officer
occurred when Subject 1 opened the door to his vehicle and fired shots at Officer B who
was approaching Subject 1’s vehicle and who had announced his office. (Att.12).

Subject 1’s Arrest Report indicated that he was charged with Murder in the First
Degree, three counts of being an Armed Habitual Criminal and with possession of
cocaine. (Att. 13).

The Case Supplementary Report indicated that an observation of the home
located on the 7900 block of South Clyde revealed the existence of eight mounted
security cameras. Three cameras were facing eastbound toward Clyde Avenue (appearing
to record the front porch/ sidewalk/street), two on the north pointed toward Clyde and
one pointed toward the rear of the home, there were two at the rear of the home one
pointed north and one pointed south, and one on the south side of the home pointed
toward Clyde. It is reported by CPD Detective B that subsequent to obtaining a warrant
(08SW6840) for the video equipment recovered at Subject 1’s home it was learned from
CPD Sgt. C that the last available recording found was dated October 2006.
According to the Case Supplementary Report, Officer A stated that during
surveillance Officer B observed Subject 1 arrive on the scene. Officer B radioed CPD
Sgt. A and asked her what they should do upon his arrival. Officer A stated that CPD
Sgt. A responded that Officer A and Officer B could stop Subject 1 before he entered his
residence if they felt they could do it safely.
The Case Supplementary Report also included a summary of a statement obtained
from Witness 1, Subject 1’s wife. Witness 1 stated that she has lived at the home with
Subject 1 for six years and the couple has been married for two years. Witness 1 further
stated that when she went to sleep in the early morning hours of 28 September 2008, her
husband Subject 1 was in the bed with her. Witness 1 stated she awoke from her sleep

Page 5 of 12

 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1020388/U# 08-37
after hearing gunfire and eventually saw her husband outside, seated in his vehicle,
slumped over to the side. (Att. 79).

Event Query Reports created during the incident indicate that on 28 September
2008, at 0534 hours, a call was logged stating that a plainclothes officer had been shot in
the head. Units 6220, 323, 321, 320, 311 and 313 were dispatched and the fire department
was informed. Other callers called the Chicago Police Department and reported hearing
multiple shots fired. (Atts. 37-52).

Obtained medical records relating to Subject 1’s injuries. Subject 1 sustained
multiple gun shot wounds to the chest and abdomen. On 28 September 2008, IPRA
Investigator B responded to Stroger Hospital for the purpose of obtaining information
about Subject 1. Upon arrival, she was informed that Subject 1 was in surgery being
treated for multiple gunshot wounds to his chest and stomach area. (Att. 14).

The Chicago Fire Department Incident Detail Report stated that Subject 1 was
found bent over in the passenger seat of a vehicle on 79th Street and Clyde Avenue with
gunshot wounds to the chest and abdomen. The report further noted that 2-4 small bags
of hard substance were noted in Subject 1’s mouth. Finally, multiple bullet holes were
noted in the windshield of the car that Subject 1 was found in. (Att. 31).

Attempts to reach Offender Subject 1 for a statement were unsuccessful. On 28
September 2008, IPRA Investigator B responded to Stroger Hospital for the purpose of
obtaining information about Subject 1. Upon arrival, she was informed that Subject 1
was in surgery being treated for multiple gunshot wounds to his chest and stomach area.
Subject 1 later informed IPRA that on the advice of counsel, he would not provide a
statement. (Atts. 27, 57, 62-67).

Attempts to contact Subject 1’s wife, Witness 1, for a statement were similarly
unsuccessful. (Atts. 26, 36).

Page 6 of 12

 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1020388/U# 08-37
A Canvass of the area was conducted, but no additional witnesses were
identified. (Att. 16).

The Case Supplementary Reports provided the following information: An
autopsy performed on Officer B on 29 September 2008 determined the cause and manner
of death to be Multiple Gunshot Wounds/Homicide. Officer B’s injuries were listed as
one gunshot wound lodged in his upper right chest, one lodged at the top of his head and
one wound that displayed an entry in his outer right forearm and an exit in his inner right
forearm. (Att. 133)

The gun used in the shooting of Officer B belonged to [Unnamed Male].
[Unnamed Male] retired from the Chicago Police Department in 1993. [Unnamed Male]
was interviewed by CPD Detective C and CPD Detective D on 15 October 2008, where
he stated that he believed the weapon had been reported lost or stolen. (Atts. 134).

The Office of the Medical Examiner Report of Postmortem Examination
indicates that Medical Doctor A conducted the autopsy of Officer B. The visual post
mortem examination of Officer B revealed a gun shot wound to the top of his head, right
arm and right torso area. During the post mortem examination, a deformed lead bullet,
copper jacket and a lead fragment was recovered from the right side of Officer B’s brain.
A medium caliber, copper jacketed bullet was recovered from the right lung. The cause
of death was determined to be multiple gun shot wounds with the manner of death being
Homicide. (Att. 54)

In a Statement to the Independent Police Review Authority on 09 July 2009,
Chicago Fire Paramedic (CFP) A stated that on 28 September 2008, he and his partner
received a call of “person shot.” CFP A stated that while en route, the two learned that
the person shot was a police officer. When they arrived at the scene, CFP A recalled that
they pulled the ambulance up from the north end of 79th Street and Officer B was lying in
the street on the south end of 79th Street. Upon arrival, the paramedics were directed to
Officer B who they immediately collected and returned to the ambulance. CFP A stated

Page 7 of 12

 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1020388/U# 08-37
that they were on the scene a total of six minutes. CFP A stated that he did not recall
when the second ambulance arrived and did not recall if he or his partner had called for it.
(Att. 108).

In a Statement to the Independent Police Review Authority on 16 July 2009,
Chicago Fire Paramedic (CFP) B stated that on the date of the incident, he and his
partner responded to a call of a “person down.” CFP B recalled that when he arrived on
the scene there were approximately 20 officers there. CFP B further recounted that
Officer B was lying on the ground and when he approached him he observed brain matter
and a weapon lying on the ground next to his body. CFP B and his partner began treating
Officer B when they heard over the radio that there was a second patient on the scene.
CFP B recalled that one of the officers responded that there was no other patient on the
scene and further recalled that they never saw Subject 1, only learned of him after
arriving at the hospital. CFP B also recalled that at some point during the treatment of
Officer B his shirt was removed. CFP B did not recall seeing a police star on Officer B’s
neck during treatment or in the ambulance. (Att. 113).

In a To/From Report to the Independent Police Review Authority dated 25
January 2011, Area Two CPD Detective E stated that on 28 September 2008 he was on
duty and assigned to investigate the homicide of Officer B. CPD Detective E stated that
he interviewed Officer A and learned that Officer A, Officer B and the team members
communicated that day over Nextel Phones. CPD Detective E further stated that the
summary account of his interview with CPD Sgt. A contained in the Cleared Closed Case
Supplementary Report was accurate. (Att. 140).

In a To/From report to the Independent Police Review Authority dated 20 October
2010, CPD Detective F stated that he was on duty on 28 September 2008 when he was
assigned to the matter in question. CPD Detective F stated that CPD Sgt. A was not
present for the Roundtable Panel discussion held in this matter. CPD Detective F further
answered that during the interview with CPD Sgt. A, CPD Sgt. A related that Officer A
and Officer B were on an early surveillance on the date in question while she and Officer

Page 8 of 12

 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1020388/U# 08-37
D, Officer C and Officer E were in a squad car headed to the location of the surveillance.
CPD Detective F stated that CPD Sgt. A recounted that Officer B informed them through
his Nextel that the target had arrived at the location. CPD Detective F stated that CPD
Sgt. A related that she told Officer B and Officer A they could “scoop up” the target if
they could do it safely. CPD Sgt. A also stated that she told them to make sure they had
on their equipment. (Att. 139).

In a statement to the Independent Police Review Authority on 19 May 2009,
Officer A stated that on 28 September 2008 he was on duty conducting surveillance on
the 7900 block of Clyde. He recalled that on that date he was working in plainclothes,
wearing a vest, raid jacket and star. Officer A was working along with Officer B who had
the same equipment and identifiers on. Officer A was in an unmarked vehicle. Upon
questioning, Officer A stated that he had previously conducted surveillance on that block
and was there on that date with Officer B to execute a search warrant. Officer A
recounted that the day before the surveillance, a planning meeting was held where it was
discussed that the warrant would be executed at about 7:00 am the following day and
Officer B and Officer A were going to conduct surveillance on the home. Officer A
continued, stating that at the planning meeting, which occurred at Unit #189, the team
discussed the position each team members would be in and what each person’s role
would be. Furthermore, the group discussed the location of nearby hospitals to prepare in
case anything happened. Officer A recalled that on the day of the operation, the team had
both a search warrant for the house as well as an arrest warrant for the offender. Officer
A stated that prior to the incident he had no knowledge of the subject’s arrest history and
was not aware that he had previously attempted to shoot a police officer. He did recall
having knowledge of the subject’s drug history and stated that the information was given
to him by CPD Sgt. A.
Officer A stated that he arrived to the 7900 block of S. Clyde at
approximately 5:00 AM. Officer B had arrived prior to Officer A. The team was in
communication that day via Nextel Radios. Officer A stated that the use of Nextel
Radios was typically how the Narcotics Unit communicated. Upon arrival at the scene,

Page 9 of 12

 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1020388/U# 08-37
Officer A observed where Officer B was positioned on the block and Officer A curbed
his vehicle three houses south of the subject’s address. Officer A and Officer B were on
the scene for less than 15 minutes when they observed the subject, Subject 1, arrive.
Officer A recalled that via Nextel, Officer B notified CPD Sgt. A and the rest of the team
that Subject 1 had arrived on the block. Officer A stated that Subject 1 then pulled up in
front of his home. Via Nextel, Officer B next requested permission to take the subject
into custody before he entered his home. Officer A recalled that CPD Sgt. A gave
permission to detain the subject safely at which time Officer A and Officer B decided,
over their Nextel Radios, that Officer B would come down the block in his vehicle and
park behind Subject 1 at which point Officer A would walk toward Subject 1 in the street.
Officer A recalled that Officer B’s weapon and star were clearly displayed as he exited
his vehicle. Officer A heard Officer B announce his office and tell Subject 1 to put his
hands up. Officer A recalled that Subject 1 then looked at Officer B, nodding as if he
heard him and agreed with the request. Officer A stated that upon Subject 1 nodding his
head as if he heard Officer B, Officer B closed his car door which he had been using as a
shield as he exited the car. At that point, Officer B’s car was parked in the middle of the
street behind the rear of Subject 1’s car. Following Officer B shutting his car door, the
next thing Officer A recalled was hearing three shots being fired and he saw muzzle
flashes from Subject 1’s vehicle. Officer A was approximately 10 feet away from
Subject 1 at the time and Officer A shot his weapon through the windshield into Subject
1’s vehicle 10 times. Officer A advanced toward Subject 1 as he shot at him. After the
initial shot, Subject 1 attempted to move to the passenger side of the vehicle. Officer A
stated that he stopped firing when he could not see Subject 1 anymore because he had
fallen between the dashboard and the seats. Officer A recalled that when he moved
around to the driver’s side window, he looked to his right and saw a uniformed officer
approaching in a squad car. Officer A observed Officer B on the ground and held him
while telling the uniformed officer that arrived that there was an officer down. Officer A
reported shots fired over his Nextel Radio to his team who arrived no less than a minute
later. Officer A recalled Subject 1’s wife exiting the home at some point but recalled no
other civilians present in the street at the time. (Att. 94)

Page 10 of 12

 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1020388/U# 08-37
A Report from the Illinois State Police (ISP), Division of Forensics Services,
dated 08 December 2008, indicates that the Smith & Wesson, model 36,38 Special
Revolver, serial number # 491694, was examined, found to be in firing condition and test
fired. Four Winchester 38 Special +P fired cartridge cases were found to have been fired
from the Smith &Wesson Revolver.
The report further indicates that a Smith & Wesson, model 5943, 9mm Luger
semiautomatic pistol, serial number KJF4488, was examined and found to be in firing
condition and test fired. (Att. 91)

A Report from the Illinois State Police (ISP), Division of Forensics Services,
dated 30 October 2008, indicates that the Revolver, four discharged cartridge cases and
one live cartridge were examined and revealed no latent impressions suitable for
comparison. (Att. 92)

A Report from the Illinois State Police (ISP), Division of Forensics Services,
dated 4 November 2008, indicates that blood was indicated on the Smith and Wesson
Revolver. (Att.93)

Page 11 of 12

 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1020388/U# 08-37
CONCLUSION AND FINDING:
The Investigation found that the use of deadly force by Officer A was in
compliance with Department Policy. According to the Chicago Police Department’s
General Order No. 02-08-03, III:
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 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 likely to cause death or great bodily harm;
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 was in compliance with the requirements of the Departments deadly force
policy. Officer A and Officer B were conducting surveillance prior to the execution of a
search warrant at the home of Subject 1. After Officer B approached Subject 1’s vehicle
and identified himself as a police officer, Subject 1 open fired on Officer B striking him
repeatedly. Officer A approached Subject 1 and fired his weapon through the windshield
to stop the threat of death and great bodily harm to his partner Officer B, who lay in the
street after being struck.

Page 12 of 12