Independent Police Review Authority
Log #1021555 U# 08-44
INVESTIGATION
NUMBER:
Log # 1021555 U # 08-44
OFFICER
INVOLVED #1:

OFFICER’S
INJURIES:
OFFICER
INVOLVED #2:

OFFICER’S
INJURIES:
OFFICER
INVOLVED #3:

OFFICER”S
INJURIES:
OFFICER
INVOLVED #4:

OFFICER’S
INJURIES:
OFFICER
INVOLVED #5

“Officer A” (Chicago Police Sergeant); Male/Hispanic; 42 years
old; On Duty; Civilian Dress; Year of Appointment – 1995

None reported

“Officer B” (Chicago Police Sergeant); Male/White; 35 years old;
On Duty; Civilian Dress; Year of Appointment – 1995

None reported

“Officer C” (Chicago Police Officer); Male/White; 34 years old;
On Duty; Civilian Dress; Year of Appointment – 2001

None reported

“Officer D” (Chicago Police Officer); Male/White; 62 years old;
On Duty; Civilian Dress; Year of Appointment – 1981
(Did not fire a weapon), currently retired

None reported

“Officer E” (Chicago Police Officer); Male/White; 27 years old;
On Duty; Civilian Dress; Year of Appointment – 2004
(Did not fire a weapon)

SUBJECT:

“Subject 1”; Male/Black; 28 years

SUBJECT’S
INJURIES:

Gunshot wounds (DECEASED)

DATE/TIME:

08 November 2008, 2030 hours

LOCATION:

4445 S. Dr Martin Luther King Jr. Dr, Chicago, IL 60653

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Log #1021555 U# 08-44
SUMMARY OF INCIDENT:
CPD Assistant Deputy Superintendent A submitted a report dated 8 November 2008.
The report states that on 08 November 2008, at approximately 2020 hours, Officer A and
Officer B, received information that some robbery offenders and a vehicle used in the
robbery were at 4316 S. King Drive. Officer A and Officer B and other units positioned
themselves in various locations near this location.
Officers A and B observed two male blacks exit 4316 S. King Drive and enter the
vehicle. They followed the vehicle and tried to curb it. Officer D’s squad car was curbed
near 45th St. The driver of the vehicle (later identified as Subject 1) pointed a semiautomatic pistol over the steering wheel and drove the car in reverse. Subject 1 then
drove eastbound on South King Dr. and turned northbound onto a service drive at a high
speed. Subject 1 crashed the vehicle into a fire hydrant. The passenger offender (later
identified as Subject 2) exited the vehicle and fled.
Subject 1 placed the vehicle in reverse and drove northbound on the service drive.
Officers A and B exited their squad car and approached the vehicle driven by Subject 1.
Officer B tapped on the driver’s window with his weapon, stated that he was a police
officer and ordered Subject 1 to stop driving.
Officer A was standing behind the car. He saw Subject 1 raise a semi-automatic gun
toward Officer B. Officer A fired one round into the car. Officer B also saw Subject 1
point a gun at him. Officer B fired his weapon at Subject 1 twice. Subject 1 placed the
car in reverse and began backing up directly toward the area where Officer A and Officer
C were standing. Officer A and Officer C both fired their weapons at Subject 1, fearing
that he would run over them. Subject 1’s car crashed into a tactical vehicle and stopped.
Officer A removed Subject 1, who was fatally injured, from the car. Two semiautomatic guns were discovered on the front seats of the car.
The Roundtable Narrative Report, prepared by CPD Detective 1, states that Officers A
and B and Officers C and D all offered consistent accounts of the incident outlined by
CPD Detective 1.
The Detective Division’s On Scene Contacts report indicated that a witness, Witness
1, was located. Witness 1 stated that she did not see anything. She told the detectives that
she heard gunshots. Another witness, Witness 2, told the Detectives that she heard
gunshots and looked out of her window to observe what was happening.
A canvass was conducted by IPRA personnel, but no additional witnesses were
located.
The event queries indicated that an OEMC call was made by Robbery Victim 1 at
approximately 1534 hours. She reported that she was robbed at 347 E. 47th St. by five
offenders. She stated that they all had chrome handguns and wore ski masks. A second

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Log #1021555 U# 08-44
OEMC call was placed by a male caller, at 2016 hours, who reportedly heard six
gunshots near a school (NFI). The final OEMC call was made by Witness 3 at 2102
hours. She stated that officers were searching a building at 4314 S. King Dr. (where she
resides). She requested a supervisor. The Zone Transmission event queries indicated that
shots were fired by police. Beat 268A reported that an offender was in custody behind a
school. An officer also requested that an ambulance be sent to 4445 S. King Dr.
The R/I reviewed the OEMC Event Query and identified the 911 callers, Robbery
Victim, Witness 3, and “Quin.” The R/I attempted to obtain interviews from each of
them. The R/I telephoned Robbery Victim 1and Witness 3 and left them voicemail
messages. The R/I telephoned the caller named “Quin.” He told the R/I that he did not
witness the shooting. He stated that he may have heard gunshots on 08 November 2008.
On 8 November 2008 a witness, Witness 2, was interviewed by IPRA personnel. She
stated that she was watching television in her living room when she heard gunshots. She
stated that when she looked out of her window she observed a police car, with its
emergency lights activated, driving northbound on King Drive. She stated that she saw a
white car and a dark colored car in front of a school. Witness 2 stated that the white car
attempted to back up but could not. She further stated that the dark colored car make a
right turn around the school and she was unable to view it any longer. Witness 2 stated
that she observed several men run behind the school. She reportedly did not know
whether or not those men were police officers.
Subject 2’s Arrest Report indicated that on 8 November 2008, he was charged with
Unlawful Use of a Weapon. The arresting officer, Officer D, reported that Subject 2 was
the front seat passenger of car being driven by Subject 1. Subject 2 fled when the car
came to a stop. He was apprehended later by Officer D. A loaded semi-automatic
handgun was found near the passenger seat, on the floor of the car being driven by
Subject 1.
On 27 June 2009, the R/I visited Subject 2 at Cook County Jail in order to obtain his
statement. He refused to give an interview. He stated that he would contact the R/I at a
later date if he decided to give a statement.
Subject 2 was interviewed at Area One by A/1 detectives. According to the summary
of his statement, Subject 2 reported that on 27 June 2009 he, Subject 1, and two other
individuals (identified only as Subject 3 and Subject 4) robbed a clothing store near 47th
and King Drive. After the commission of the robbery, Subject 2 stated that he attended
his son’s birthday party. At approximately 1800 hours, Subject 1 picked him up and they
went to 4316 S. King Dr. to meet Subject 4.
Once he and Subject 1 left the residence at 4316 S. King Drive Subject 1’s vehicle
was blocked off by a police car. Subject 2 and Subject 1 were armed with handguns.
Subject 2 heard Subject 1 say, “I ain’t going” when he saw the police. Subject 1 reversed
the car, drove through the grass to get to the service drive of King Drive, and slammed
his vehicle into a fire hydrant. Subject 2 dropped his gun in the car and fled. When he

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Log #1021555 U# 08-44
heard gunshots, he laid on the ground because he did not want to get shot. He was placed
under arrest.
IPRA Investigator A reported that following a canvass she was contacted by a citizen
named [Homeowner]. [Homeowner] told IPRA Investigator A that she had a video
camera in her front window which may have captured video images of the shooting. She
agreed to provide a copy of the video footage. The footage did not reveal any images
which were pertinent to this case.
Video footage from the Collection clothing store pertains to the robbery incident. The
R/I noted that on 8 November 2008, at 1527 hours, the video footage shows four
male/blacks, wearing ski masks, entering the store. Two males, who were near the front
desk of the store, were seen looking towards the front entrance. They were suddenly
grabbed and taken away from a front desk at 1528 hours. Then a female/black was pulled
to the rear of the store by a male/black, who was wearing a mask. The R/I saw three
other male/blacks huddling together and walking towards the rear of the store. The
male/blacks were seen grabbing clothing and exiting the store while carrying large darkcolored bulging bags at 1531 hours.
The General Offense Case Report contains details about the nature of the robbery that
was committed earlier the same day on 08 November 2008 in the clothing store. The
offenders were in possession of leather jackets and Pelle Pelle designer jeans; which were
stolen from the Collection clothing store.
A Supplementary Case Morgue Report dated 13 November 2008, stated that Subject 1
sustained three gunshot wounds. The cause and manner of death was Multiple Gunshot
Wounds. The Report included an inventory of the involved officers’ weapons, the
offender’s vehicle description, and the items found inside of the vehicle.
IPRA Investigator B responded to the Cook County Medical Examiner’s Office to
witness the postmortem examination of Subject 1. According to IPRA Investigator B’s
report, Subject 1 sustained gunshot wounds to his upper right shoulder, to the mid back
region, and to the outer left thigh. IPRA Investigator B reported that Medical Examiner,
Doctor A, removed bullets from Subject 1’s scrotum, left hip and his right upper chest.
A Supplementary Case Cleared Closed Report , dated 13 March 2009, provided
descriptions of Subject 1 and the condition of the car he was driving. This report provided
information on the clothing found on Subject 1 and clothes found inside the vehicle. The
report stated that the clothes found inside the vehicle still had price tags on them from the
clothing store.
The report also stated that two handguns (A Colt government model 45 and a Smith &
Wesson Sigma 9mm) were recovered from the vehicle: The search of the vehicle
uncovered many items that would have been used in the commission of the robbery of the
store. These items were ski masks, duct tape, flex ties, laundry bags, and one pair of

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Smith & Wesson handcuffs. Officers C, D, and Officers A and B were interviewed by
CPD Detective 1 and CPD Detective 2. They all gave consistent versions of the incident.
A Supplementary Case Report, dated 14 November 2008, detailed the armed robbery
that occurred at the clothing store. The report indicated that there were three victims and
one witness. The victims are Robbery Victim 1, Robbery Victim 2, and Robbery Victim
3. They told the detectives that several masked males entered the store, dragged them into
the back storage room, made them lie facedown, and tied their hands. Robbery Victim 3
added that one of the offenders put a gun to his head when he made him lie down. The
witness, Robbery Witness, claimed that he observed two male/blacks leave the store
wearing masks. He watched as they fled southbound down an alley.
The Office of the Medical Examiner’s Report of Postmortem Examination states that
Subject 1 had eight tattoos and a four inch scar on his abdomen. The report indicates that
he sustained three gunshot wounds. One entered in the upper right back and lodged in his
right anterior chest, where it was excavated. Another bullet entered his lower left back,
traveled through the lower part of the left lung, stomach, and heart and lodged in his right
anterior chest. The third bullet entered his upper left leg and lodged in his scrotum.
Doctor A noted that Subject 1 had a 2’x 2’ inch bruise on his right anterior chest. The
Internal Examination revealed that Subject 1 had an oxidized lead bullet lodged in his
right hip. Doctor A reported that Subject 1 died from having sustained multiple gunshot
wounds.
The Illinois State Police Forensic Laboratory Report , dated 6 January 2009, indicates
that a Smith & Wesson M&P9, a Sig Sauer P220, a Sig Sauer P228, and Colt MKIV were
found to be in firing condition. A separate report, dated 05 March 2009, indicates that
one handgun, rounds, and a magazine were submitted for testing and prints on these items
matched the fingerprints obtained from Subject 2.
The report dated 27 March 2009 indicated that a Smith & Wesson SW9VE was
found to be in firing condition. According to the report dated 31 July 2009, the DNA
profiles of Subject 2 and Subject 3 Skipper matched the DNA extracted from two ski
masks that were inside Subject 1’s vehicle.
Officer A’s Battery Report indicates that he was on duty in civilian dress on 08
November 2008, at 2015 hours. He and three other officers were at the scene where an
offender was armed with a gun. He reported that Subject 1 attempted to use his vehicle to
strike the officers. Subject 1 also used a gun to hold the officers at gunpoint. Officer A
reported that he did not sustain injuries in this incident.
Officer B’s Battery Report indicates that he was on duty in civilian dress on 08
November 2008, at 20:15 hours. He and three other officers were at the scene of an
incident which involved an offender with a gun. Officer B reported that Subject 1
attempted to use his vehicle to strike the officers. Subject 1 also used a gun to hold off
the officers. Officer B did not sustain injuries in this incident.

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Officer C’s Battery Report indicates that he was on duty in civilian dress on 08
November 2008, at 20:15 hours. He and three other officers were involved in an incident
involving an offender with a gun. Officer C reported that Subject 1 attempted to use his
vehicle to strike the officers. Subject 1 also used a gun to hold officers at gunpoint.
Officer C did not sustain injuries in this incident.
Officer D’s Battery Report indicates that he was on duty in civilian dress on 08
November 2008, at 20:15 hours. He and three other officers were involved in an incident
involving an offender with a gun. Officer D stated that Subject 1 attempted to use his
vehicle to strike the officers. Subject 1 also used a gun to hold off the officers. Officer D
did not sustain injuries in this incident.
The Tactical Response Report, prepared by Officer A on 8 November 2008, indicates
that Subject 1 posed imminent threat of battery and used force likely to cause death or
great bodily harm The report states that Subject 1 did not follow verbal commands.
Subject 1 pointed a semi-automatic handgun at officers, attempted to flee and he
advanced towards officers with his vehicle. Officer A fired at Subject 1 and the vehicle
he was driving. The Watch Commander concluded that his actions were in compliance
with the Department’s policies.
The Tactical Response Report, prepared by Officer B on 8 November 2008, indicates
that Subject 1 posed imminent threat of battery. The report indicates that he fled and that
he used force likely to cause death or great bodily harm. As a result Officer B fired at
Subject 1 and the vehicle he was driving.
The Tactical Response Report, prepared by Officer C on 8 November 2008, indicates
that Subject 1 posed imminent threat of battery. The report indicates that he fled and that
he used force likely to cause death or great bodily harm. Officer C reported that he fired
at Subject 1 and the vehicle he was driving.
The Tactical Response Report, prepared by Officer D on 8 November 2008, indicates
that Subject 1 posed imminent threat of battery and he fled the police. Officer D reported
that Subject 1 used force likely to cause death or great bodily harm and that Subject 1 did
not follow verbal commands. Officer D did not fire his weapon.
Officer D is currently retired from the Chicago Police Department. He was not
interviewed by IPRA. Documentation of his retirement was obtained from the Chicago
Police Department’s Human Resources Division. A Personnel Action Request report
indicates that Officer D’s retirement was effective 09 January 2009.
Officer A provided an audio interview on 27 June 2011. He stated that on 8 November
2008, he was assigned to the 002nd District’s Gang Crimes Unit, 311, and was working
the second watch. He stated that earlier that day he had received information concerning
a robbery incident. He learned the whereabouts of a white Dodge Journey that had been
used in the commission of a robbery. Officer A set up surveillance of that vehicle at 4316
S. King Drive.

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Officer A saw the Dodge at that location. He waited until two offenders entered and
began driving it away. Officer A and other units followed the Dodge. The Dodge (which
was being driven by Subject 1) drove westbound on King Drive’s service drive. At some
point he observed Subject 1 point a weapon in their direction. Subject 1 continued to
drive over the grassy median and continued northbound and then eastbound. The officers
tried to use their vehicles to block Subject 1’s vehicle in. Subject 1 lost control of the
vehicle and struck a fire hydrant.
The second offender (Subject 2) fled the vehicle on foot. Subject 1 tried to escape by
driving forward Officer B exited his squad car and approached the vehicle where Subject
1 was seated. Officer B tried to open Subject 1’s door. Subject 1 raised a large semiautomatic handgun in Officer B’s direction. The officers ordered him to drop his gun.
Officer A and Officer B fired at Subject 1. Subject 1 placed his vehicle in reverse to
drive toward Officer A and Officer C (who were standing behind the vehicle). Officer A
and Officer C fired into the vehicle being driven by Subject 1.
On 6 July 2011, Officer B provided an audio interview. He stated that on 8 November
2008 he was assigned to the 002nd District’s Gang Crimes Unit, 311, and was working
with Officer A. He stated that earlier that day Officer A had received information
concerning a robbery that occurred earlier. Officer A received information on the
whereabouts of a vehicle that had been used in the robbery. He and Officer A set up
surveillance of the vehicle at that location. The robbery suspects entered the vehicle and
began driving it, Officer B, Officer A and other units followed the vehicle. The vehicle
drove southbound on the service drive of King Drive. At some point he observed Subject
1 point a weapon in their direction. Subject 1 continued to drive the vehicle in reverse to
make good his escape. The officers tried to use their vehicles to block Subject 1’s
vehicle in. Subject 1 crossed the service drive and lost control of the vehicle striking a
fire hydrant. Then Subject 2 exited the vehicle and fled on foot.
Officer A and Officer B exited their squad car and approached Subject 1 while he was
still inside the vehicle. Officer A stood near the rear of the vehicle while Officer B
approached the driver’s side door.
Subject 1 raised a gun in Officer B’s direction. He and Officer A fired at Subject 1.
Subject 1 placed the vehicle in reverse. Officer A and Officer C fired into the vehicle
being driven by Subject 1. Officer B stated that an ambulance was called and the crime
scene was preserved.
On 30 June 2011, the R/I obtained an audio interview from Officer C. He stated that
on 8 November 2008, he was assigned to the Gang Team Unit and was working third
watch with Officer E. He stated that Officer A had learned the whereabouts of a vehicle
that had been used in the commission of a robbery. Officer A set up surveillance of that
vehicle at 4316 S. King Drive. Officer A observed the vehicle and approached it. Officer
A saw that some of the proceeds from the robbery were still inside.

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Officer C and other units watched as two offenders entered the vehicle and drove
away. He and other units followed the vehicle to the service drive of King Drive. Subject
1 displayed a hand gun and drove eastbound over the parkway to the parkway across the
street. Then Subject 1 drove the vehicle northbound until it struck a fire hydrant.
The officers tried to curb Subject 1’s vehicle. Subject 1 continued to attempt to flee.
Officer B approached Subject 1’s driver’s side door and tried to open it. Subject 1
displayed a hand gun. Officer C stated that he did not fire in Subject 1’s direction because
Officer B was standing in between him and Subject 1 and he could not get a clear shot.
Subject 1 tried to place his vehicle in reverse while Officer C and Officer A were still
standing at the rear of Subject 1’s vehicle. Officer C and Officer A fired their weapons in
Subject 1’s direction, into his vehicle because they feared for their lives.
On 12 July 2011, the R/I obtained an audio interview from Officer E. He stated that on
8 November 2008 he was assigned to the 002nd District’s Gang Crimes Unit 311 and was
working third watch with Officer C. He stated that Officer A had received information
concerning a robbery incident. Officer A had learned the whereabouts of a white SUV
that had been used in the robbery. Officer A set up surveillance of that white SUV.
The robbery suspects entered the white SUV and drove away. He and other units
followed this vehicle. The officers attempted to curb white SUV. The white SUV drove
southbound on the service drive of King Drive. Officer E observed Subject 1
point/display a weapon in their direction. Subject 1 continued to drive the vehicle across
King Drive’s service drive and struck a fire hydrant. Then, Subject 1 made a U-turn and
fled north on the King Drive’s service drive.
Officer B exited his squad car and approached the white SUV on foot. Someone yelled
“gun.” Officer B fired his weapon. Officer A and Officer C were standing in between
Officer E’s vehicle and the white SUV. This prevented him from having a clear shot at
Subject 1, who was still seated in the white SUV. He stated that Subject 1 was pulled
from the vehicle and the crime scene was preserved.

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CONCLUSION:
The investigation found that Officers A, B, and C acted in compliance with the Chicago
Police Department’s policy on use of force. According to the Chicago Police
Department’s General Order No. 02-08-3, III. Department Policy:
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 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.

The officer’s actions were in accordance with the requirements spelled out above. By all
accounts, Subject 1 posed great bodily harm when he pointed a semi-automatic handgun
at Officer B and Officer D. It was also established that Subject 1 used his vehicle as a
weapon to cause serious bodily harm and possible death to the officers. All of the officers
and sergeants statements were consistent in their accounts of the incident. The offender,
Subject 2, corroborated the officers’ and sergeants’ statements that Subject 1 pointed his
weapon at the police officers. Thus, Officers A and B and Officer C were acting under
the reasonable belief that Subject 1 was going to shoot and/or try to run them over with
his car; and without other feasible methods of prevention available, they were justified in
using deadly force “to prevent death or great bodily harm to the sworn member of to
another person.

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