INDEPENDENT POLICE REVIEW AUTHORITY
Log #1026454/U#09-14
INVESTIGATION
NUMBER:
U#09-14, Log #1026454
OFFIVER
INVOLVED #1:

OFFICER
INJURIES:
OFFICER I
NVOLVED #2:

“Officer A” (Chicago Police Officer); Male/Black; 54 years old;
On Duty; In Uniform; Year of Appointment – 1995

None Reported

“Officer B” (Chicago Police Officer); Male/Hispanic; 52 years old;
On Duty; In Uniform; Year of Appointment – 2005

OFFICER
INJURIES:

None Reported

SUBJECT:

“Subject 1”; Male/Black; 42 years old

SUBJECT
INJURIES:

INITIAL
INCIDENT:

One gun shot wound through and through to the right thigh.
Treated at Holy Cross Hospital.

Officers observed three vehicles driving at a high rate of speed
with their headlights off.

DATE/TIME:

17 May 2009 at approximately 0220 hours

LOCATION:

5359 S. Homan – outside

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Log #1026454/U#09-14
SUMMARY OF INCIDENT:
On 17 May 2009, at approximately 0220 hours, Officers A and B had completed
an assignment in the vicinity of 5300 S. Sawyer and observed three vehicles, (a green
Taurus, a black Aurora and a blue sedan) with their headlights turned off, traveling
westbound, the wrong way on a one-way street. The officers notified the Zone, turned off
their headlights, then followed the vehicles westbound on 53rd Street as the involved
officers continued to follow them. Two vehicles turned south onto Homan Avenue and
stopped at 5400 S. Homan Avenue. The officers observed the Subject, Subject 1, exit the
passenger front side of the Taurus and walk to the northeast corner of 5400 S. Homan.
Subject 1 began shooting at the sedan that was now traveling westbound on 54th Street.
The sedan left the area. The officers ordered Subject 1 to drop his weapon. Subject 1
turned toward the officers and pointed his weapon in their direction. The officers, in fear
of their safety, discharged their weapons at Subject 1. Subject 1 fell to the ground and
dropped his weapon onto the pavement. Subject 1 was transported to Holy Cross Hospital
after he sustained a single gunshot wound to his right thigh.

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Log #1026454/U#09-14
INVESTIGATION:
At the Roundtable, CPD Detective 1 related an account that was consistent with
the Summary of Incident. CPD Detective 1 added that Officers A and B detained the
driver of the Taurus and the occupants of the Aurora, which was parked behind the
Taurus. The driver of the Taurus and the occupants of the Aurora were transported to
Area One Detective Division as witnesses to be interviewed.
At the Roundtable, Witness 7 stated he observed a male figure jump out of a
vehicle that was stopped at the corner of 54th and Homan. The male figure shot at his
vehicle. Witness 7 then heard a male voice yell, “Drop the weapon!” Witness 7
accelerated and drove out of the intersection. Witness 7 was stopped by the police in the
vicinity of 55th and Central. Witness 7 related that he did not see the police fire their
weapons, but did see flashes as he drove away.
At the Roundtable, Witness 4 related that Witness 7 picked him up in the
vicinity of 55th and Kedzie. As Witness 7 approached the intersection of 54th and Homan,
Witness 4 saw flashing blue lights. He the observed a male police officer in full uniform
behind a black male and heard the officer yell, “Drop the weapon!” At that point Witness
7 took off at a high rate of speed. Witness 7 drove in the vicinity of 55th and Central. Two
officers curbed his vehicle and they were transported to Area One. Witness 4 did not
witness the police fire their weapons.
At the Roundtable, Witness 9 stated that she was a passenger in a vehicle being
driven by her boyfriend, Witness 2. Witness 9 was in the front passenger seat and
Witness 5, Witness 3, Witness 6 and Witness 8 were passengers in the rear of the vehicle.
As Witness 2 drove around the area he came upon a friend, Witness 1, in a green Taurus
with a black male in the passenger seat. Witness 2 and Witness 1 had a brief
conversation. Witness 2 began following Witness 1 in a green Taurus. As the two
vehicles drove around the area they drove down an alley on Kedzie and exited on the
5400 block of Homan. As the vehicles approached the intersection of 54th Street and
Homan, Witness 9 observed a black male 1 exit the green Taurus with a gun in his hand
and fire toward a vehicle traveling westbound on 54th Street. Witness 9 then observed a
black male officer in full uniform approach the passenger side vehicle and yell, “Drop the
weapon!” The officer then fired two times at the black male, who fell to the ground. The
black male officer ordered her, Witness 9 and then the other passengers from the vehicle.
At the Roundtable Witness 5 related that he was a passenger in a vehicle being
driven by Witness 2. They were following a green Taurus around the area. As they exited
an alley onto Homan, he observed a police vehicle behind them with a spotlight on. He
then observed a black male exit the green Taurus and fire at a vehicle that was traveling
westbound on 54th Street. Witness 5 then observed a white male officer yell, “Drop the
weapon!” The black male ran, turned toward the officer with a gun in his hand and the
officer fired. Witness 5 related that the black male did not drop the weapon when he was
ordered to.
1

A black male now known as Subject 1

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 INDEPENDENT POLICE REVIEW AUTHORITY
Log #1026454/U#09-14
At the Roundtable, Officer B stated that he and his partner, Officer A, who was
the driver, were completing a job in the area and began to travel westbound on 53rd Street
when he observed three vehicles traveling the wrong way on a one-way street, with their
lights out. Officer B got on the radio and notified the Zone of the vehicles’ actions and
directions. The officers drove in the direction of the vehicles, but then only observed two
vehicles with their headlights off. The officers followed the two vehicles, but did not
activate their emergency equipment and turned out their headlights. As the officers
continued to follow the vehicles they radioed in and reported the vehicles’ activities and
gave their locations and directions of travel of the vehicles. The two vehicles then
traveled southbound on Homan and stopped at the intersection of 54th Street and Homan.
Subject 1, who was the passenger in the first vehicle, exited with a gun in his hand and
stood on the northeast corner of 54th Street and Homan as the third vehicle came toward
him. Subject 1 fired at the third vehicle. Officer B exited his vehicle with his gun out and
ordered Subject 1 to drop the gun. Subject 1 started to run westbound, then turned and
pointed his weapon at Officer B. Officer B fired at Subject 1, who fell to the ground and
dropped the gun. Officer B stated that he was at the rear of the first vehicle,
approximately fifteen feet away from Subject 1 when he fired. Officer B continued that
the illumination of the street lights allowed him to clearly see a weapon in Subject 1’s
hand.
At the Roundtable, Officer A related that he and his partner were completing a
job in the area of 54th and Sawyer when they observed a blue vehicle and a green vehicle
traveling westbound on 53rd Street with their headlights out. The officers turned off their
headlights and followed the vehicles in order to observe the drivers’ activities. The
vehicles turned onto Homan and Officer A, who was the driver, stopped his vehicle
approximately 20 feet away from the second vehicle, a dark colored Aurora. A male now
known as Subject 1, exited the passenger side of the green Taurus with a weapon in his
hand, ran at an angle in the street, and fired at the vehicle that was traveling westbound
on 54th Street. Officer A exited the squad car, and then crossed over to the rear passenger
side of the Aurora. Officer B exited the police vehicle from the passenger side, crossed in
front and approached the driver’s side of the green Taurus. The officers announced their
office and ordered Subject 1 to drop the gun.
Officer A also stated that Subject 1 failed to comply, turned and started to run.
Subject 1 turned with his weapon in his hand pointed toward Officer B. Officer A fired
approximately three rounds and Subject 1 fell to the ground, dropping the weapon as he
fell. Officer A was standing approximately fifteen to twenty feet away from Subject 1
when he fired his weapon. Officer A clearly observed Subject 1 with a gun in his hand.
The weapon fell under the front bumper of the green Taurus.
At the Roundtable, CPD Detective 2 related that he responded to Holy Cross
Hospital and interviewed Subject 1. Subject 1 provided a statement at the hospital while
being held in Area One Violent Crimes. Subject 1 waived his Miranda Rights Warnings
prior to each statement. Subject 1 related that he was in a vehicle with a friend, Witness
1. They stopped at the corner of 54th and Homan. He exited the vehicle and someone
fired at him and he fired back. Subject 1 heard a voice yell, “Motherfucker, get down to

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 INDEPENDENT POLICE REVIEW AUTHORITY
Log #1026454/U#09-14
the ground!” he then heard two shots as he went to the ground, felt a pin in his right leg,
and knew that he had been shot. (Att.4)
The Report of Shots Fired by the Police 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 both officers announced their office and
fearing for their lives and of the occupants in the car, fired their weapons at Subject 1.
Subject 1 ran, pointed his gun at Officer A, and was struck in the leg by a bullet. He fell
to the ground and dropped the gun. He was taken into the custody and the vehicle Subject
1 shot at was located on 55th and Central Park. Subject 1 was taken to Holy Cross for
treatment. (Att.5)
In a statement with IPRA, Subject 1 stated that he and his friend, Witness 1
were driving in the vicinity of 54th and Homan when he became sick and asked Witness 1
to pullover. Subject 1 exited the vehicle and noticed that a dark-colored vehicle had been
following them. Subject 1 walked up to the vehicle to ask why he was being followed.
The driver’s side front window of that car went down and he heard one gun shot. Subject
1 related that he returned fire and shot his weapon two to three times to defend himself.
Subject 1 was on the sidewalk approximately eight feet away from the vehicle. As the
vehicle drove away, Subject 1 heard, “Drop it mother fucker, drop it!” as he turned his
head and observed lights. Subject 1 related that he did not know it was the police because
he did not hear any sirens, nor did he notice the blue lights initially. Subject 1 turned his
body in the officers’ direction while putting his weapon to the ground. Subject 1 stated
that he was shot while putting his weapon on the ground. As he turned, he heard six shots
coming from the officers’ direction. Subject 1 stated that he attempted to lie down on the
ground and felt pain to his right thigh. Subject 1 related that he never shot at the police or
pointed his weapon at them.
Subject 1 related that the officers referred to him as a “motherfucker” and a
“nigger.” Subject 1 stated that while he was asking for medical attention the officers
stated that they hope he dies and to “shut the fuck up.” Subject 1 was unable to provide
any physical descriptions of the officers. Subject 1 went on to state that he was not
intoxicated, and had only consumed a twenty-two ounce beer prior to the incident. (Att.7)
In a statement with IPRA, Witness 1 related that Subject 1 arrived at his
residence and informed him that some rival gang members shot at his brother’s residence.
Subject 1 asked Witness 1 to drive him around the area so that he could look for the gang
members. Subject 1 stated that the gang members were driving a dark-colored Crown
Victoria. Witness 1 and Subject 1 got into Witness 1’s vehicle, drove around, and
searched the area. Witness 1 spotted the Crown Victoria and chased the vehicle to 54th &
Homan. Witness 1 stopped his vehicle. Subject 1 exited and ran at an angle toward the
southwest corner of Homan. Suddenly, Witness 1 heard three gun shots coming from
Subject 1’s direction. Witness 1 remained in the vehicle and heard a loud voice yell
something. Witness 1 observed a Hispanic male officer in full uniform 2 standing in front
of the vehicle by the driver’s fire three shots in the direction Subject 1. Officer B turned
2

Now know as Officer B

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Log #1026454/U#09-14
toward Witness 1, pointed his weapon at him and ordered him out of the vehicle. Witness
1 exited the vehicle and Officer B instructed him to get out on the ground and lay on his
stomach. Witness 1 stayed on the ground for a while and was handcuffed. Witness 1
stated the Subject 1 never informed that he had a gun but he suggested he had one by
grabbing his shirt. Witness 1 related that he only saw Subject 1’s gun after the initial
incident. He did not see Subject 1 point his weapon at the officer, but knows that he fired
his weapon because he heard three shots coming from that direction. Witness 1 related
that after Subject 1 fired, he saw Officer B fire three shots as Subject 1. Witness 1 stated
that he did not know the individuals in the second vehicle and believes that someone in
the Crown Victoria shot once. (Att.9)
In a statement with IPRA, Witness 2 related that he was driving south on
Kedzie with his girlfriend, Witness 9, who was in the front passenger seat, Witness 3, and
an unknown Hispanic male in the backseat. A blue car with tinted windows in the back
pulled up on his left. Witness 2 stated that he could not identify the driver or the
passenger but saw the passenger point something at Witness 2. Out of fear, Witness 2
made a right turn onto 53rd Street. The blue car followed them until they got to Spaulding.
Witness 2 made a left turn on Homan and saw a marked squad car behind him. At 54th,
Street, Witness 2 saw a car stopped at the stop sign. He was still paying attention to the
squad care. At that moment, he heard three gun shots, saw officers exit their vehicle and
heard three or four more shots. Witness 2 ducked down and then one officer told
everyone to get out of the vehicle and get on the ground, Witness 2 and his passengers
were transported to Area One. (Att.11)
In a statement with IPRA, Witness 3 related that he and his friend, Witness 2,
Witness 5, Witness 9, Witness 6 and an unknown male Hispanic were in a black Aurora.
Witness 2 was driving the wrong way down a one- way street. Witness 3 stated that they
were trying to get away from a black vehicle that was chasing them. When they arrived in
the vicinity of 54th and Homan, a green vehicle was stopped in front of them and a police
vehicle with its flashing lights on was behind them. Witness 3 stated that he turned to
look back at the police and heard several gunshots coming from the front of the vehicle.
Witness 3 saw a vehicle speed away. He then heard several more gunshots come from the
rear of the vehicle (where the police were). Witness 3 saw a black male, who shot his
weapon first, try to run away. He observed the officer shoot his weapon again, and the
black male fell to the ground. Witness 3 stated that the police thought they were with the
black male, pointed their weapons at the vehicle and made everyone get out of the
vehicle. Witness 3 further stated that he observed the unknown vehicle speed away and
the black male shooting at the vehicle. Witness 3 related that the officers placed them on
the ground, handcuffed them and took them to the police station. Salgado stated that he
does not know any of the people involved in the incident. (Att.13)
In a statement with IPRA, Witness 4 related that at the time of the incident he
was a front seat passenger in his friend, Witness 7’s 3 navy blue Crown Victoria and were
heading west on 54th Street. At the stop sign at 54th and Homan, Witness 4 observed a
black Aurora traveling south on Homan that was stopped at the stop sign. Witness 4
3

Now known as Witness 7

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heard one shot, looked through his window to the right and saw a male (unsure of race)
pointing a gun at them. Approximately fifteen feet behind the individual Witness 4
observed a light-complected uniform officer with his gun pointed at the individual.
Witness 4 ducked and heard “Drop the weapon!” followed by two more shots. Witness 7
stepped on the gas and Witness 4 heard a possible two more shots. Witness 4 and Witness
7 picked up two more friends, [Both Friends’ Name Withheld] at Spaulding and 54th
Street. They traveled westbound on 55th Street and at Central Park they saw a marked
squad car with flashers on. They pulled over and two officers ordered them out of the car.
The officers searched the car, handcuffed all four and transported them, to Area One.
(Att.15)
In a statement with IPRA, Witness 5 gave basically the same account of the
incident as that given during the Round Table. Witness 5 added that he heard three to
four shots coming from the two officers and observed a black male fall to the ground.
Both officers came to Witness 2’s car and ordered all occupants out of the car. The
officers searched the car, handcuffed and transported them to Area One. (Att.17)
In a statement with IPRA, Witness 6 related that he was a passenger in the
backseat of Witness 2’s vehicle along with Witness 3, Witness 5, Witness 9 and Witness
8. At 53rd and Kedzie, Witness 2 told them that another car was following them and
Witness 6 saw lights behind them. Witness 2 sped away traveling the wrong way west on
53rd Street. He made a left turn on Homan and realized that the car behind them with its
lights off was a squad car. Witness 2 began to slow down at the stop sign located a 54th
and Pulaski. Witness 6 kept looking back at the squad car and the heard 3-4 shots.
Witness 6 looked ahead and observed someone in a white t-shirt walk in front of the car
that was stopped in front of them. He heard, “Freeze, freeze” and 3-4 shots coming from
behind them. Witness 6 observed the individual in the white t-shirt fall forward. A black
male officer ordered all occupants out of the vehicle and onto the ground. They were
arrested and transported to Area One. (Att.19)
In a statement with IPRA, Witness 7 gave basically the same account of the
incident as that given during the Round Table. In addition, Witness 7 related that he had
no prior relationship with the shooter and if unsure if the shooter was black, white or
Hispanic. (Att.2)
In a statement with IPRA, Witness 8 related that he was a passenger asleep in
the backseat of a vehicle being driven by Witness 2. Witness 8 stated that he was
“buzzed, not intoxicated”. Upon hearing 5-6 shots, Witness 8 sat up and observed lights
behind him. A white male officer jumped out of his vehicle and fired several shots at the
black male. The black male appeared to be standing in front of the vehicle that was
parked in front of Witness 2’s. The white male officer shot again and the black male fell
to the ground. The white male officer instructed Witness 8, Witness 2 and Witness 3 out
of the vehicle. Witness 9 was left in the car. Witness 8 related that he did not see the
black male with a gun nor did he see the black male shoot the weapon. Witness 8 stated
that both of the involved officers were white. (Att.23)

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In a statement with IPRA, Witness 9 gave essentially the same account of the
incident as that given during the Round Table. In addition, Witness 9 stated that she
clearly saw the black male with a gin in his hand. However, she did not see the black
male turn the gun toward the officers. Furthermore, she is unsure if the black male
dropped the weapon when ordered by the police. (Att.25)
The related Department Reports, including the Arrest Report, General
Offense Case Report, Supplementary Report and Crime Scene Processing Report
included an account of the incident that is consistent with the Summary of Incident.
Subject 1 was arrested for Aggravated Assault with a handgun and Attempted First
Degree Murder. The reports indicate that Subject 1 was transported to Holy Cross
Hospital by Chicago Fire Department Ambulance #8 and was treated at the hospital by
Doctor A . (Att.27, 31, 35, 42, 43, 52)
A Tactical Response Report from Officer A documented that he fired his
weapon at Subject 1 after Subject 1 pointed his weapon at him. (Att.29)
Officer A’s Battery Report documents that he did not sustain any apparent
injuries. (Att.32)
A Tactical Response Report from Officer B documented that he fired his
weapon at Subject 1 because Subject 1 was shooting at victims and then pointed his
weapon at Officer B. (Att.29)
Officer B’s Battery Report documents that he did not sustain any apparent
injuries. (Att.32)
The Crime Scene Processing Report #85368 documents that a Sundance
Industries, BOA, serial number 0938898, .25 Caliber, semi-automatic pistol, 2.5” barrel,
with a nickel finish, that was in Subject 1’s possession was recovered in the vicinity of
the incident and inventoried under number 11672296. Officer B’s weapon, a Sig Sauer,
Model P220, serial number G367403, .45 caliber, semi-automatic 4.5” barrel with a blue
steel finish was inventoried under number 11672307. Officer A’s weapon, a Smith &
Wesson 9mm, Model 5943, serial number VCH6762, 9mm caliber, semi-automatic
pistol, 4” barrel with a blue steel finish was inventoried under number 11672303.
Crime Scene Processing Report #85396 documents that Evidence Technician 1
took photographs of an aggravated assault and a five person line-up. Subject 1 was
identified by a witness.

Crime Scene Processing Report #85366 documented that Evidence Technician 2
responded to Holy Cross Hospital to administrate a gun shot residue kit, obtain
photographs of Subject 1 and collect his clothing. (Att.33)

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Log #1026454/U#09-14
Evidence Technician Photographs and videotape depict what appears to be the
location of incident and the recovered evidence. Photographs of Subject 1 depict a wound
to the right leg and bloody stained clothing. (Att.43, 46)
The Chicago Fire Department (CFD) EMS incident Report indicated that
Subject 1 was transported to Holy Cross Hospital by CFD Ambulance #8. The report
documented that Subject 1 sustained a single gunshot to his right upper thigh. Subject 1
admitted to alcohol consumption. (Att.66)
Medical Records from Holy Cross Hospital for Subject 1 documented that he
was diagnosed with a gunshot wound to his right thigh. Subject 1 was treated and
released. (Att.41)
A laboratory report from the Illinois State Police (ISP), Division of Forensics
Services dated 10 September 2009, indicated that an Illinois State Police gunshot residue
kit administrated to Subject 1 was tested, and results reveal that he discharged a firearm,
contracted a PGSR 4 – related item, or had his left in the environment if a discharged
firearm.
A laboratory report for the Illinois State Police (ISP), Division of Forensic
Services dated 07 January 2009, document that previously-reported suitable latent
impressions recovered and labeled Exhibit 8 to the inked fingerprint standards labeled as
two inked fingerprint standards marked “Witness 1” (Exhibit 13) did not reveal
identification. (Att.48)
The related O.E.M.C. Event Queries and CD recordings document that on 17
May 2009, several calls were made to report shots fired on or around Homan and 54th
Place. The information provided was essentially the same information as the Roundtable
panel and the Department reports. (Att.45, 51)
In a statement with IPRA, Officer B related in essence the same information he
provided during the Roundtable and as appears in Department reports. Officer B added
that he observed the vehicle that was pursuing Subject 1 traveling westbound at a high
rate of speed, at which point he saw Subject 1 begin shooting at the vehicle. There were
no return shots fired from anyone in the vehicle traveling westbound. Officer B exited his
vehicle and ran toward Subject 1. Officer B told Subject 1 to drop the weapon, at which
time Subject 1 turned in his direction with the gun still in his hand. Officer B stated that
because he was in fear of both his and his partner’s lives, he discharged his weapon.
Although Officer A discharged his weapon, Officer B stated that he did not hear his
partner’s shot. (Att.64)
In a statement with IPRA, Officer A related in essence the same information he
provided during the Roundtable. In addition, Officer A stated that Officer B ordered
Subject 1 to drop the weapon, at which point Subject 1 turned around, pointed the gun at
Officer B and pulled the trigger. Subject 1 started to run in front of the vehicle he
4

Positive Gun Shot Residue

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previously exited from which was the second vehicle, and as he turned to face Officer A,
the gun went, “click.” Officer A fired his weapon and Subject 1 fell down. Subject 1 hit
the ground, the gun dislodged from his hand and went under his vehicle. (Att.65)

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CONCLUSION AND FINDING:
This investigation found that the use of deadly force by Officer B and Officer A
was in compliance with Chicago Police Department Policy and Illinois State statues.
According to the Chicago Police Department’s General order 02-08-03, III:
A. “a sworn member only 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:
a. To prevent death or great bodily harm to sworn members or to another
person, or:
b. To prevent an arrest from being defeated by resistance or escape and the
sworn member reasonably believes that the person to be arrested:
i. Has committed or attempted to commit forcible felony which
involves the infliction, threatened infliction, or threatened use of
physical force likely to cause death or great bodily harm or;
ii. Is attempting to escape by use of a deadly weapon or;
iii. Otherwise indicates that he or she will endanger human life or
inflict great bodily harm unless arrested without delay.”
Subject 1 was in possession of a firearm as the time of the incident, regardless of
his explanation. Subject 1 related that he did not know the police were behind him
because he did not hear any sirens, nor did he notice the blue lights initially. Subject 1’s
weapon was recovered from the scene and tested by ISP. The gunshot residue results
from ISP show scientifically that Subject 1 discharged a firearm, contacted a PGSR
related item, or his left hand in the environment of a discharged firearm. Accounts by the
officers and witnesses describe Subject 1 in possession of a handgun, and firing that
handgun. The weapon was recovered. The officers’ and witness’ accounts also describe
officers telling Subject 1 to drop the weapon. Subject 1 refused to comply with the
officers’ verbal direction to drop the weapon and suddenly pointed it in the direction of
Officer B and Officer A. Therefore, based on the totality of the circumstances, Officer B
and Officer A were reasonably in fear for their life and fired at Subject 1 to prevent death
or great bodily harm.

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