INDEPENDENT POLICE REVIEW AUTHORITY
Log #1020867/U #08-39
INVESTIGATION
NUMBER:
Log #1020867/U#08-39

INVOVLED
OFFICER:

“Officer A” (Chicago Police Officer); Male/White; 30 years old;
On-Duty; In Uniform; Year of Appointment – 2002

OFFICER’S
INJURIES:

None Reported

SUBJECT:

“Subject 1”; Male/Black; 25 years old

SUBJECT’S
INJURIES:

Gunshot wound to left big toe. Treated at Jackson Park Hospital.

DATE/TIME:

15 October 2008; 2012 hours.

LOCATION:

8010 S. Woodlawn Ave.
Beat 411

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Log #1020867/U #08-39
SUMMARY OF INCIDENT:
On 15 October 2008, at approximately 2012, Officers A and B, working Beat 423,
responded to a call of an Attempted Robbery/Man with a Gun call at 8041 S. Dorchester.
While driving to that location the officers heard a radio call of a person wanted for a
robbery near 8100 S. Woodlawn. The description of the wanted offender was that he was
a black male wearing a white hooded sweatshirt. Officers A and B observed a person
matching that description in the alley in the vicinity of 8000 S. Woodlawn. Officers A
and B drove into that alley and approached the, who turned and ran east. Officer A
exited the squad car and chased the black male east through the rear yard at 8022 S.
Woodlawn. The black male ran north on the west sidewalk of Woodlawn. As Officer A
continued to chase the unknown male subject he saw a second male black subject (NKA
Subject 1) standing in the parkway at 8001 S. Woodlawn. Subject 1 fired a handgun at
the male black subject Officer A was chasing. Officer A stopped chasing the unknown
black male and identified himself as a police officer to Subject 1. Officer A ordered
Subject 1 to drop his weapon. Subject 1 did not drop the gun, and instead turned toward
Officer A still holding the gun in his hand. Officer A discharged his firearm four times at
Subject 1. Subject 1 then ran east on 80th St. to the alley between Woodlawn and Avalon.
Subject 1 then ran south through the alley. Officer A radioed dispatch and provided
Subject 1’s description and his direction of flight. Numerous officers responded to the
incident and Subject 1 was located and subsequently arrested in a vacant lot at 8030 S.
Avalon. It was determined that Subject 1 had sustained a gunshot wound to the big toe
on his left foot. An ambulance was requested and Subject 1 was transported to Jackson
Park Hospital. Subject 1’s firearm was found in the rear yard of 8008 S. Avalon. The
black male in the white hooded sweatshirt escaped and was never identified.
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Log #1020867/U #08-39
INVESTIGATION:

In a statement to IPRA on 05 November 2008, Subject 1 stated that on the day of
the incident he walking home from the store when an unknown black male approached
him and showed him a black semi-automatic handgun. Subject 1 told him he did not
have any money because he had just spent it at the store. The unknown black male had
Subject 1 empty his pockets and then attempted to take Subject 1’s mother’s groceries.
Subject 1 tried to stop him but the unknown black male cocked the gun and held it to
Subject 1’s head. The unknown black male took the groceries and left. Subject 1 went to
his home and retrieved his .32 caliber handgun. Subject 1 then walked to 8000 S.
Woodlawn and saw the known black male running down the street. As the unknown
black male ran north on Woodlawn Ave. past Subject 1, who was standing next to a tree,
Subject 1 fired his handgun at the unknown black male two or three times. Subject 1
heard something hit a gate near him and saw Officer A running north on Woodlawn Ave.
about two houses behind the unknown black male.

Subject 1 stated that he heard

gunshots and realized that Officer A was firing his gun.

Subject 1 stated that he

immediately ran east on 80th St. Subject 1 stated that a bullet ricocheted off the ground
and hit struck him on the big toe of his left foot. Subject 1 stated that he ran south
through the alley and hid in a vacant lot on Avalon. About ten minutes later police
officers found him. Subject 1 stated that he had thrown his gun away but the police
found it as well. An ambulance was called and Subject 1 was transported to Jackson Park
Hospital.

In a statement to the Roundtable Panel on 16 October 2008, CPD Detective 1,

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Log #1020867/U #08-39
related that while conducting a canvass of the location of incident he spoke with Witness
1. CPD Detective 1 stated that Witness 1 told him that she was inside her home when she
heard three gunshots. Witness 1 looked out the small window of her front door and saw
Officer A holding a gun in his hand. Officer A pointed his gun towards the corner and
repeatedly yelled, “Freeze! Get on the ground!” Officer A discharged his firearm four to
six times towards the corner, but Witness 1 could not see what he was shooting at.

In a statement to IPRA on 16 October 2008, the witness, Witness 1, stated that on
the night of the incident she was in her bedroom when she heard a male shouting outside
her house. Witness 1 stated that she heard the male yelling, “Get the fuck down! Get on
the ground!” Witness 1 ran downstairs and looked through the window of her front door.
Witness 1 saw a male white officer (NKA Officer A) standing under a tree. Officer A
held a gun in both hands and pointed it directly in front of him. Witness 1 stated that she
saw approximately five “bright flashes” and heard the gunshots. Witness 1 told her
children to get on the floor and she called “911” from her phone.

The Case, Arrest, and Tactical Response Reports contain accounts of the incident
that were consistent with the accounts provided to the Roundtable panel and in the
Summary of Incident. The reports indicated that on 15 October 2008 an unknown black
male wearing a white hooded sweatshirt used a gun to commit three robberies at three
different times at three different locations. The first robbery occurred at 0930 hours at
8045 S. Kenwood, during which the unknown black male approached and pointed a gun
at Robbery Victim #1, who then ran away.

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Log #1020867/U #08-39
At approximately 1950 hours, at 1536 E. 83rd Pl., the unknown black male
approached Robbery Victim #2 as he was entering his apartment building from the alley
and displayed a black semi-automatic handgun. The unknown black male demanded
money, but Robbery Victim #2 told him he did not have any money. The unknown black
male then fled west on 83rd St.

At approximately 2005 hours at 8011 S. Dorchester, the unknown black male
approached Robbery Victim #3, displayed a blue steel handgun, “racked the slide” with
his left hand, and said to Robbery Victim #3, “Give me your money.” Robbery Victim
#3, who was with his two-year old son, replied that he did not have any money. The
unknown black male then said, “Alright. I’m not going to kill you in front of your
shorty.” The unknown black male then walked west towards Avalon.

At approximately 2020 hours, at 230 E. 81st St., the unknown black male
approached Subject 1, who was sitting on his front porch, and put a gun to Subject 1’s
head. The unknown black male stated, “Give it up.” Subject 1 handed the unknown
black male a bottle of Patron Tequila, a pack of cigarettes, and fifty cents. The unknown
black male then fled.

The reports indicate that Officers A and B responded to the “911” calls of a
robbery when they observed a black male matching the offender’s description in the west
alley of the 8000 block of south Woodlawn Ave. When the officers approached the
unknown black male, he ran. Officer A exited the squad car and chased him east through
the gangway of 8026 S. Woodlawn Ave. Officer A continued to chase the unknown
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black male north on Woodlawn Ave. When Officer A reached 8101 S. Woodlawn he
saw Subject 1, who was standing at 8001 S. Woodlawn Ave., firing a handgun at the
unknown black male Officer A was chasing. After Officer A announced his office and
ordered Subject 1 to drop his weapon. Subject 1 disregarded Officer A’s orders, and
instead of dropping his gun, Subject 1 turned toward Officer A still holding the gun.
Fearing for his safety, Officer A discharged his firearm four times at Subject 1. Subject 1
ran east on 80th St. and assisting officers found him hiding in a vacant lot at 8030 S.
Avalon. Subject 1’s firearm was found in the rear yard at 8008 S. Avalon.

Upon being found in the empty lot Subject 1 told the officers, “I was robbed on
the way back from the store. I ran back to my crib and grabbed my banger. I’m from
around here. I went through the cut, and I saw him running. I upped my gun and I shot,
Bang! Bang! (making a gesture with his right thumb and forefinger). I saw him still
running then fired again, Bang! Bang! Then I saw the police chasing him. I didn’t know
the police was chasing him. I saw the tall white officer who had his pistol out yell,
‘Police!’ I panicked and ran with the gun.” While at Jackson Park Hospital Subject 1
said to Officer C;, “I would have gotten away if that cop didn’t shoot me in the foot.”
And, “You’ll never find that gun.” Officer C asked, “What gun?” and Subject 1 replied,
“A little 32 revolver.”

Officer C asked Subject 1 if he understood he had been

Mirandized and Subject 1 replied, “Ya, but I wasn’t firing at the cops.”

Subject 1 sustained a gunshot wound to the big toe on his left foot. Subject 1 was
arrested and subsequently charged with Unlawful Use of a Weapon by a Felon,
Aggravated Assault to a Police Officer, Aggravated Discharge of a Firearm, and Issuance
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of a Warrant. It was also discovered that Subject 1 was on parole from the Illinois
Department of Corrections for Second Degree Murder.

The Detectives Supplemental Report indicated that after Subject 1 was found
hiding in the empty lot at 8030 S. Avalon and taken into custody he was walked to a
police vehicle. When Chicago Fire Department personnel removed his left shoe a fired
bullet fell to the pavement. Both the fired bullet and Subject 1’s left shoe were left at the
scene for processing.

Central Booking photographs of Subject 1 do not depict him to have sustained
obvious injury.

The Office of Emergency Management and Communication PCAD Event Queries
indicated that on 15 October 2008, at 2012 hours, [Male Phone Caller] telephoned “911”
and told the call taker that he had been robbed of ten dollars by a black male,
approximately nineteen to twenty years old, wearing a white hooded sweatshirt with a
gun. [Male Phone Caller] told the call taker that the unknown black male was on 81st St.,
heading west toward Woodlawn Ave. At approximately 2020 hours, several telephone
calls were made to “911” regarding the callers hearing multiple gunshots, and black
males with guns, in the vicinity of 8000 S. Woodlawn. At approximately 2022 hours,
Beat 423 (Officers A and B) notified OEMC that at 9100 S. Woodlawn a black male
wearing a “brown hoodie” (NKA Subject 1) shooting at another black male in a “white
hoodie.” Beat 423 also notified OEMC that shots had been fired. At 2024 hours beat
423 notified OEMC that the black male in the “brown hoodie” was in custody, but that
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the black male in the “white hoodie” was “still out there.”

The Chicago Fire Department’s Ambulance Report stated that on 15 October
2008, at 2022 hours, Ambulance 24 was dispatched to 8000 S. Avalon for regarding a
gunshot victim. At 2027 hours Ambulance 24 arrived at that location and found Subject
1, who was in police custody, with a gunshot wound to his left “big toe.” Subject 1 was
examined and determined to be in stable condition. Subject 1 was transported to Jackson
Park Hospital.

A canvass of the location of incident did not produce any additional witnesses or
information.

Medical Records obtained from Jackson Park Hospital that Subject 1 sustained a
gunshot abrasion to the big toe on his left foot. Subject 1 was treated and released in
good condition.

A report from the Illinois State Police (“ISP”) Division of Forensic Services,
dated 25 February 2009, indicates that Officer A’s firearm was examined and found to be
in working condition. The report also indicates that the recovered fired bullet was
examined and determined to have been fired from Officer A’s firearm.

An ISP report dated 03 June 2009 indicates that Subject 1’s revolver was loaded
with two live cartridges and four discharged cartridge cases in the cylinder. Examination
revealed no latent impressions suitable for comparison.
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An ISP report dated 17 March 2009 indicates that the gunshot reside tests
indicated that Subject 1 discharged a firearm, contacted a PGSR related item, or had his
right hand in the environment of a discharged firearm.

An ISP Report dated 13 August 2010 indicates that Subject 1’s firearm, a
Harrington & Richardson, Model 732 Guardsman, .32 S&W revolver was examined and
found to have been inoperable as received due to a broken hammer mainspring assembly.
A hammer mainspring assembly from spare parts was used to test fire the firearm.
Examination determined that all of the fired cartridges were fired from the revolver.

In a statement to the Roundtable Panel on 16 October 2008, Officer C, related that
he and Officer D responded to a call of shots fired with a foot pursuit. Officers C and D
went to 8100 S. Avalon and found Subject 1 hiding under some bushes in a nearby vacant
lot. Subject 1 told Officer C that he was the victim of a robbery committed by the black
male in the white hooded sweatshirt. Subject 1 told Officer C that he shot at the black
male who robbed him four times before he saw Officer A. Officer C saw that Subject 1
sustained a gunshot wound to his toe and called for an ambulance.

While being

transported to the hospital Subject 1 told Officer C that “he would have got away if the
police wouldn’t have shot him.”

In a statement to IPRA on 26 February 2009, Officer B stated that on the night of
the incident he and his partner, Officer A, responded to a call of an armed robbery
committed by a black male wearing a white hooded sweatshirt. Officers A and B saw a
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male subject matching that description in the alley near 8100 S. Woodlawn. When the
officers approached the black male he ran through a yard. Officer A exited the squad car
and chased the black male through the yard while Officer B drove north through the alley
and then to Woodlawn. Officer B stated that he was attempting to follow the chase as
Officer A called it out over the radio. Officer B drove south on Woodlawn and then
drove east to Avalon Ave. When he reached 8000 S. Avalon Officer B heard several
gunshots. Officer B turned around and drove west on 80th Street. Officer B saw the
black male wearing the white hooded sweatshirt running west and a second black male
(NKA Subject 1) running east. Officer B stated that Subject 1 was wearing a brown
“hoodie” and was holding something in his hand. Subject 1 ran south through an alley.
Officer B drove to Woodlawn Ave and heard Officer A on the radio saying that the black
male in the brown “hoodie” was shooting at the black male wearing the white hooded
sweatshirt. Officer B stated that he did not witness the shooting between Officer A and
Subject 1.

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

In a statement to IPRA on 19 February 2009, Officer A stated that on the night of
the incident he and his partner, Officer B, responded to a call of an armed robbery
committed by a black male wearing a white “hoodie.” Officer A stated that he and
Officer B saw an unknown person that matched the description walking in the alley. As
the officers approached the unknown black male ran away through a gangway. Officer A
exited the squad car and chased the unknown black male. As he chased the unknown
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black male Officer A utilized his radio to update OEMC of the situation. Officer A
chased the unknown black male from the alley to Woodlawn Ave. Officer A stated that
as he chased the unknown black male he heard gunshots nearby. Officer A saw a man
(NKA Subject 1) standing near the northeast corner of 8000 S. Woodlawn Ave. Officer
A saw Subject 1 pointing and shooting a gun at the unknown black male. Officer A
stated he immediately stopped while the unknown black male continued to run away and
Officer A lost sight of the unknown black male after he ran west on 80th St. Officer A
stated that he said to Subject 1, “Police! Drop the gun!” Officer A stated that he pointed
his firearm at Subject 1 at the same time. Subject 1 turned towards Officer A while
stilling holding his gun. Subject 1 did not drop his gun and Officer A discharged his
firearm four times at him. Officer A explained that he fired his weapon because he
feared for the safety of the unknown black male, as well as his own safety. Subject 1
immediately turned and ran away. Officer A stated that he chased Subject 1 and radioed
OEMC of the shots fired. Officer A stated that he lost sight of Subject 1 after Subject 1
ran south through an alley. Officer A stated he searched the area, and a short time later
he heard over the radio that other officers had found Subject 1.

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Log #1020867/U #08-39
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;

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.”

Officer A’s actions met the requirements of the Department’s deadly force policy.
Subject 1 stated that he retrieved a .32 caliber revolver from his home and then went
looking for the unknown black male that had robbed him earlier in front of his home.
Subject 1 stated that he saw the unknown black male running down the street being
chased by Officer A. Subject 1 stated that he aimed and repeatedly discharged his
revolver at the unknown black male. According to Subject 1, he ran away when Officer
A began shooting at him. Subject 1 also stated that he threw his revolver away, taunting
the police officers who took him into custody that they would never find his gun.
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Officer A provided an account that was consistent with Department reports and Subject
1’s account. Officer A stated that as he chased the unknown black male he saw Subject 1
shooting the same unknown black male. Officer A stated that he discharged his firearm
at Subject 1 fearing for his own safety and the safety of the unknown black male.

It was reasonable that Officer A feared his safety, as well as the safety of the
unknown black male, after he witnessed Subject 1 shooting at the unknown black male,
and that Subject 1 did not drop his revolver when so ordered to by Officer A.

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