INDEPENDENT POLICE REVIEW AUTHORITY
Log #1026755/ U# 09-16
INVESTIGATION
NUMBER:
Log #1026755, U #09-16
INVOLVED
OFFICER:

“Officer A” (Chicago Police Officer); Male/White; 30 years old;
On-Duty; In Full Uniform; Year of Appointment – 2006

INVOLVED
OFFICER’S
INJURIES:

Fractured left thumb, sprained right knee, bruises and abrasion to
both knees and hands. Treated and released from UIC Hospital.

INVOLVED
SUBJECT:

“Subject 1”; Male/Black; 43 years old

SUBJECT’S
INJURIES:

Multiple gunshot wounds, fatal. Subject pronounced at the scene at
2004 hours, by Medical Examiner Robinson, #68.

DATE/TIME
OF INCIDENT:

27 May 2009, 1856 hours

LOCATION
OF INCIDENT:

4332 W. Washington Boulevard, in the rear.
Beat 1114

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SUMMARY OF INCIDENT:

On 27 May 2009 at approximately 1846 hours, Officer A and his partner, Officer
B, were on patrol and assigned to Beat 1533. The officers monitored a radio transmission
from Beat 1595 regarding the description of a stolen

vehicle (Honda Accord) and the

license plate number. Officers A and B then observed the vehicle in traffic near
Washington Boulevard. and Laramie Avenue. Officer A activated his emergency
equipment in an attempt to stop the vehicle, but the vehicle did not stop. Officers A and B
notified the Office of Emergency Communication (“OEMC”) via their radio of the
vehicle’s location while pursuing the stolen vehicle. The pursuit ended when the vehicle
crashed into an abandoned building located at 4357-59 W. West End. The driver of the
vehicle, identified later as Subject 1 and two female passengers, one identified later as
Witness 1, and an unknown black female, exited the stolen vehicle and fled on foot.
Officer A followed Subject 1, on foot and Officer B chased Witness 1, who ran east on
West End, on foot. The unknown female escaped the area.

A short distance away, at the location of 4339 W. West End, Officer B
apprehended Witness 1 and took her into custody. Officer A also apprehended Subject 1
a short distance away in the rear yard of 4332 W. Washington Boulevard. Officer A
attempted to place Subject 1 in to custody, but Subject 1 began to struggle to defeat the
arrest. Subject 1 was face down while Officer A attempted to handcuff him. During the
struggle, while both men were on the ground, Subject 1 grabbed Officer A’s holster and
pulled it off his utility belt. The gun was still in the holster. Officer A flipped Subject 1

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onto his back and the struggle continued. Officer A knew other officers were in the area,
so he began shouting for assistance because he did not want to release the holster to use
his radio. Officer A and Subject 1 continued to struggle and Subject 1 repeatedly
threatened to kill Officer A. Officer A and Subject 1 both got to their feet at which time,
Officer A was able to gain control of his firearm from Subject 1’s grip. Officer A took a
step back to put some distance between them at which point Subject 1 lunged for Officer
A’s firearm. In fear for his life, Officer A fired his firearm approximately seven times
causing Subject 1 fall to the ground. Assisting Officer C, and Officer D, arrived, secured
the area and called for medical assistance for Subject 1. A short time later, paramedics
arrived. Subject 1 was pronounced dead at the scene. Officer A was transported to UIC
Hospital for injuries to his hands and knees. Officer A sustained a fractured left thumb
and bruises and abrasions to his hands and knees. All involved parties relocated to Area
Four Detective Division for further investigation.

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INVESTIGATION:
On 28 May 2009, a Roundtable panel was conducted regarding this officerinvolved shooting. Three involved officers appeared before the Roundtable panel.

Officer C related to the Roundtable panel that while on-duty, he monitored a call
of a vehicle pursuit in the vicinity of Kilbourn and West End. At that point, Officer C
went to the location of the pursuit. Upon his arrival, Officer C exited his vehicle on West
End between Kostner and Kildare and observed Officer B taking a female, identified as
Witness 1, into custody. Officer C realized that there was another offender who ran
southbound, so Officer C ran in this direction. Officer C ran east on West End then south
through the gangway of a vacant building into the alley. As he approached 4332 W.
Washington Boulevard, Officer C heard a commotion and observed Officer A struggling
with a black male, later identified as Subject 1, near a house. Officer C ran toward
Officer A and Subject 1. According to Officer C, Officer A and Subject 1 were facing
each other. As Officer C ran around a car parked at the rear of 4332 W. Washington
Boulevard. he heard approximately five gunshots in rapid succession. Officer C stated
that Officer A’s back was to him, thus blocking Officer C’s view of the firearm, but
Officer C could see that Subject 1 was standing in front of Officer A. Officer C did not
know who fired the weapon or who was shot at that point. Officer C ran toward Officer A
who turned toward him. Officer A was exhausted from the struggle and Officer C
assisted him to the ground. Officer C placed Officer A’s gun on the ground and checked
Officer A for gunshot wounds.

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Officer D related to the Roundtable panel that he monitored a call from Beat 1595
that they had a positive hit on a stolen Honda Accord. Beat 1533, Officers A and B,
responded over the radio that they observed the Honda Accord and were in pursuit
eastbound on West End. Officer D then headed eastbound. Officer D arrived at the
location where the Accord had crashed and started running south through a gangway into
an alley. According to Officer D, Officer C was running southbound one house east of
where Officer D was located. Officer C was approximately 15 feet in front of Officer D
when they got to the alley behind 4332 W. Washington Boulevard. Officer D stated that
he observed Officer A struggling with a black male, identified later as Subject 1, over an
unidentified object. Officer D saw that they both had their hands on the object. According
to Officer D, Officer A and Subject 1 were facing each other. As Officer D got closer to
the rear of a parked car at the entryway to the back yard, Officer D saw Officer A pull the
object from Subject 1. Officer D then heard five or six gunshots in rapid succession and
saw Subject 1 fall to the ground. Officer D then provided Officer A with assistance.
Officer A appeared physically exhausted. Officer D observed that Subject 1 had a
handcuff on his left wrist.

Officer A related to the Roundtable panel that he was in full uniform and driving
a marked squad car. Beat 1595 reported over the police radio that they had a positive hit
for a stolen Honda Accord on their license plate reader. Officer A, the driver of the squad
car, drove to the intersection of Fulton and Lockwood Avenue. to meet Beat 1595 to
obtain the license plate number and description of the stolen vehicle. Officers A and B
then started touring the area and observed the stolen Honda Accord getting ready to make

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a turn on to Laramie Avenue. Officer B reported over the radio that they had found the
Accord as they followed it northbound on Laramie Avenue. Officer A followed the
Honda Accord to the southeast corner of Kostner and West End, where the Honda
Accord crashed into a building after attempting to make a right turn onto Kostner. The
driver, later identified as Subject 1, and two black female passengers, one later identified
as Witness 1, and an unknown female, began running. Officer A parked the squad car and
ran after Subject 1, repeatedly announcing that he was a Chicago Police officer and
ordering Subject 1 to stop running. Officer A followed Subject 1 approximately 15 feet
behind him to the rear yard located at 4332 W. Washington Boulevard. Upon reaching
the backyard, Subject 1 attempted to lock the gate preventing Officer A from entering the
backyard. Officer A entered the backyard and he and Subject 1 began to fight. Officer A
successfully placed Subject 1 on the ground, on his chest, but Officer A could not
handcuff Subject 1 because he would not get his hands from under his body. Officer A
successfully placed one handcuff on Subject 1’s left hand. At this time, Subject 1 reached
for Officer A’s holstered gun and ripped it off of Officer A’s utility belt. Officer A
released the handcuff to regain his gun. Subject 1 was holding Officer A’s holstered gun
as he turned on his back and pointed the gun at Officer A. Subject 1 had the gun pointed
at Officer A’s head. Officer A and Subject 1 began to struggle and Subject 1 repeatedly
threatened to kill Officer A. During the struggle, Officer A gained control of his gun and
he and Subject 1 got to their feet. At this time, Officer A got both of his hands on his gun,
removed the holster and threw it to the ground. Officer A was approximately one foot
away from Subject 1, when Subject 1 attempted to reach for Officer A’s gun. Officer A
fired his gun seven times and Subject 1 fell to the ground. Other officers arrived and

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called for an ambulance. Officer C took Officer A’s gun and Officer A fell to the ground
in exhaustion. Officer A later went to UIC Hospital where he was diagnosed with a
fractured left thumb and bruising to his right knee.

In an interview with IPRA on 28 May 2009, Witness 1 stated that she was
walking on Pine Street when she saw Subject 1 driving a car. Subject 1 stopped the car
and asked where she was going and he offered her a ride, which she accepted. Witness 1
stated that an unknown black female occupied the front passenger seat. Witness 1 stated
that Subject 1 made a quick stop at a store and, as they were driving on Lake Street,
Subject 1 became very paranoid. As Subject 1 turned off Lake Street down an unknown
street, Subject 1 saw a police vehicle driving west on Lake Street. Witness 1 stated that
Subject 1 continued driving on West End and began looking through his rear view mirror,
when he saw a police car was behind them with the “blue light.” Subject 1 began driving
like a “bat out of hell,” and at that time Witness 1 closed her eyes. Subject 1 then crashed
into a fence. Witness 1 stated that after the car crashed, she “flew” to the front portion of
the car striking the dashboard with her body. Witness 1 did not know the black female in
the front seat.

In an interview with IPRA on 27 May 2009, Witness 2 stated that she was at
home in bed when she heard people arguing outside. Witness 2 looked out her bedroom
window and saw a police officer wrestling with someone on the grass near the walkway
behind the building two doors down from her building. Witness 2 stated that she could
not see the person the officer was wrestling with. The officer had a gun on his hip and she

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believed the officer was wearing a vest. The officer appeared to be trying to handcuff the
other person but the other person was trying to get the officer’s gun. Witness 2 called 911
to request assistance for the officer. Witness 2 then looked out her rear patio door to see if
other police officers were coming. Witness 2 was still on the telephone with 911 when
she heard a gunshot, followed by a pause, followed by more gunshots. Witness 2 stated
that she heard a total of 6 gunshots. Witness 2 screamed and threw her phone. Witness 2
did not look out the window again. She called her fiancé and sister, and a short time later
they came over to her house. Witness 2 stated that police officers broke the door down of
the building to enter the building because Witness 2’s sister told the officers that there
might be a hostage in Witness 2’s building. Witness 2 stated that her upstairs neighbor
was taken into custody.

In an interview with IPRA on 27 May 2009, Witness 3 stated that she was at
home watching television when she heard loud voices outside in the front of her home.
Witness 3 saw a black female exiting a vehicle. The female walked into a condo several
houses down. Witness 3 stated that she heard more voices but did not know where the
voices were coming from. According to Witness 3, the yelling persisted and was
followed by several gunshots (approximately 4) in rapid succession. Witness 3 then
walked to her back bedroom window, which was open and she observed a uniformed
officer standing near a black garbage can. The officer was bending over and then fell to
the ground. Witness 3 believed the officer was “shaken up,” might have been shot.
Another police officer arrived and asked the officer who fell if he had been shot. Another
police officer arrived and stood over the individual that was shot.

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In an interview with IPRA on 27 May 2009, Witness 4 stated that he was at home
watching television with his son when he heard approximately 6 gunshots in a rapid
succession. Witness 4 went to the back of his apartment and saw several officers running
toward a police officer who was kneeling on the ground and appeared to be injured. The
officer kneeling stood up while holding his chest. Witness 4 stated that he opened the
front door and allowed the officers inside the apartment.

Attempts to contact Witness 5, via a personal visit to her residence and by United
States Postal Service were unsuccessful.

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

The First Deputy Report submitted by the On Call Incident Commander A, in
essence, related that the same information as contained in the Roundtable Panel Report.

The related Chicago Police Department Reports, including the Original Case
Incident Reports (RD# HR344576, HR344186 and, HR340568), Tactical Response
Report (TRR), Officer’s Battery Report, and the Supplementary Reports (RD#
HR344576, HR344186 and, HR340568), provide accounts of the incident that are
consistent with the Summary of the incident. The Case Incident report and
Supplementary report relative to RD# HR340568 indicated that the vehicle (Honda

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Accord) driven by Subject 1 during the incident belonged to [Car Owner]. [Car Owner]
was the last person driving the vehicle, which was reported stolen on 25 May 2009,
between approximately 1600 to 1920 hours, from X N. Sangamon St., Chicago IL.

The Case Incident report and Supplementary report relative to RD# HR344186
indicated that Officer A related to detectives that he learned of a stolen vehicle with
license plate “9XXXXXX”in the vicinity of where he was patrolling. Officer A drove
around and observed the stolen vehicle with three occupants in the vicinity of
Washington Boulevard. and Lockwood Avenue. Officer A activated the emergency lights
and siren and followed the vehicle. The driver lost control of the vehicle and struck a six
foot tall wrought iron fence, then came to a stop at a vacant three story apartment
building located at 4357-59 W. West End. The driver of the vehicle, later identified as
Subject 1, ran eastbound in the front yard of the vacant building, then southbound in a
large side yard east of the vacant building and continued running until he reached the rear
of 4332 W. Washington Boulevard. Officer A followed Subject 1 into the rear yard
behind a two story apartment building at this location where Subject 1 and Officer A
began to struggle. Officer A took Subject 1 to the ground and attempted to handcuff him,
successfully placing one handcuff on Subject 1’s left wrist. With his right hand, Subject 1
reached for Officer A’s handgun, which was in its holster. Officer A released Subject 1’s
left wrist and the two began to struggle over the handgun. They both got on their feet and
Subject 1 repeatedly told Officer A that he was going to kill him. During the struggle the
muzzle of the handgun was pointed at Officer A’s head at which point Officer A believed
he was going to be shot. Officer A shouted for other officers to assist him. Officer A

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eventually gained control of the handgun, which was still in the holster, and Officer A
then drew the handgun from the holster as Subject 1 continued to reach for it. Officer A,
in fear for his life fired his handgun at Subject 1. Officer A fired his handgun until
Subject 1 fell to the ground. 1 A short time later, additional officers responded and came
to Officer A’s aid.

Officer A sustained a fractured thumb and abrasions to his hands and knees for
which he obtained medical care at UIC hospital. Subject 1 sustained several gunshot
wounds to his body and he was pronounced dead at the scene by Medical Examiner Inv.
Robinson, #68 at 2004 hours. On 09 May 2009, Doctor A performed an autopsy on
Subject 1 and determined the cause and manner of death to be Multiple Gunshot Wounds
(MGSW)/Homicide.

Officers C and D gave accounts of the incident to detectives that essentially
reiterated the same accounts of the incident as they related to the roundtable panel.

Officer E related to the detectives that he was on duty, working beat 1533, while
searching the yards for Officer A and Subject 1, when he heard multiple gunshots and
went to the rear yard at 4332 W. Washington Boulevard. Officer E saw Subject 1 lying
on the ground and Officer E handcuffed Subject 1. Officer E stated that Officer A
collapsed to the ground, apparently exhausted.

1

According to the TRR report, Officer A fired his handgun a total of 7 times.

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Officer B related to the detectives that he saw Officer A pursue Subject 1 on foot,
and then saw a black female, later identified as Witness 1, exit the front passenger door of
the stolen vehicle Subject 1 was driving. Officer B pursued Witness 1 on foot and
apprehended her in front of 4339 W. West End.

Officer F related to detectives that he was working beat 1595 and his marked
squad car was equipped with a license plate reader. While on routine patrol, the license
plate reader signaled a stolen vehicle and Officer F made a U-turn in an attempt to locate
the stolen vehicle. Officer F also radioed the stolen vehicle’s information via Zone 12.
Beat 1533 2 reported on Zone 12 that they had located and were following the stolen
vehicle.

Witness 1 related to detectives essentially the same account of the incident as she
related to IPRA Investigator B on 28 May 2009, at Area 4. Witness 2 refused to provide
the detectives with a statement. Witness 2 stated that she provided IPRA Investigator A
with a statement regarding what she observed during the incident. The detectives then
spoke with IPRA Investigator A who related what Witness 2 observed during the
incident.

The Case Incident report and Supplementary report relative to RD#
HR344576 contained the same information as indicated in case report HR-344186

2

Officers A and B were assigned to Beat 1533.

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The Chicago Police Traffic Crash Report recorded under RD# HR344324,
dated 27 May 2009, indicated that the vehicle driven by Subject 1 was traveling
eastbound on West End when he lost control and struck a fence at 4359 W West End. The
vehicle driven by Subject 1 was reported stolen.3

The Chicago Fire Department (CFD) Ambulance Report indicated paramedics
responded to 4332 W. Washington Boulevard. when Chicago Police Officers declared a
crime scene and the paramedics’ services were cancelled by CFD Engine 95.

An Illinois State Police, Division of Forensic Services report, dated 03
September 2009 indicated that Officer A’s weapon (Sig Sauer, model P226, 9 mm Luger
semiautomatic pistol serial #U745921) was examined and found to be in firing condition
and test fired.
An Illinois State Police, Division of Forensic Services report, dated 30 July
2009 indicated that no latent impressions suitable for comparisons were found on Officer
A’s firearm.

An Illinois State Police, Division of Forensic Services report, dated 27 October
2010 indicated that swab samples from Officer A’s weapon and firearm holster were
compared to Subject 1’s DNA. In a separate report dated 14 January 2011 the DNA
profiles identified on Officer A’s firearm and holster were interpreted as a mixture of two
people. Subject 1 could not be excluded from the mixture of DNA profiles.

3

The 2004 Honda Accord, License Plate #9XXXXXX was owned and registered to [Car Owner].

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IPRA Investigator C completed a To/From/Subject Report relative to POD videos
dated 27 May 2009, between 1800 hours and 2030 hours, for multiple locations. POD
video #193, located at 4402 W. Washington Boulevard., depicted two unmarked squad
cars driving westbound on Washington Boulevard with their emergency lights activated.
Three unknown plainclothes officers are running westbound on Washington Boulevard.
at 1902 hours, and approximately a dozen squad cars are seen parked on Washington
Boulevard., and other squad cars are parked at Kostner with their emergency lights
activated. A CFD fire engine is also depicted on scene.

POD #105, located at 4402 W. Washington Boulevard depicted three marked
squad cars driving westbound on Kostner Avenue. with their emergency lights activated.
Two of the three squad cars turn left onto the alley heading eastbound and the third squad
car continues northbound on Kostner Avenue and turns left onto the same alley. The
Honda Accord is stationary in front of the yard at 4357-59 W. West End and a black iron
gate in the front yard is on the ground. Several squad cars are parked nearby, and
bystanders are gathered around the area. Several uniformed officers are walking in the
vicinity. At 1900 hours a CFD fire truck and two ambulances arrived at the scene.

PODS #153, #496, and #196 did not depict relative footage for the incident under
investigation.

The Office of Emergency Management and Communications (OEMC) Event
Query and recording of calls provide information consistent with the Summary of

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Incident. In addition, a caller reported that they heard shots fired in the alley in the
vicinity of 4338 W. Washington Boulevard. Other callers reported that a black male
wearing a black colored jacket, and reportedly a drug dealer, is the shooter.

The Crime Scene Processing Report and Evidence Technician Photographs
and Video Tape depicted the location of the incidents, the locations of the recovered
fired evidence, Officer A’s injuries, and Subject 1’s body at the scene and at the Cook
County Medical Examiner’s Office.
The Report of Postmortem Examination, Office of Medical Examiner,
County of Cook, Illinois, of Subject 1, indicated that Subject 1 had multiple abrasions
about his body, multiple gunshot wounds to his back, chest area and abdomen, sharp
force penetrating injury on the upper right back, and a semi-lunar abraded injury on the
midline of his lower back. Subject 1 also had multiple electrocardiogram leads on his
chest and abdomen, which was evidence of receiving medical care. The report indicated
that there is no evidence that Subject 1 was shot at close-range. The manner of death was
Homicide.

The Toxicologic Analysis report indicated that Subject 1 tested positive for
Carbon Monoxide and Benzoylecgonine, a metabolite of Cocaine.

In an interview with IPRA on 09 June 2009, Witness 6 stated that on 27 May
2009, at approximately 1856 hours, he was the passenger in his girlfriend, Yolanda
Carter’s vehicle, which she was driving. The two were headed westbound in the alley

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between Washington Boulevard. and West End when they encountered a black male
running in the middle of the alley between Kostner and Kildare. Witness 6 stated that the
black male appeared to be holding a handgun. A white male uniformed officer arrived in
the alley and appeared to be chasing the black male. Carter stopped her vehicle and
Witness 6 observed the black male run southbound towards Washington Boulevard. and
then turn into a gangway. Witness 6 saw that the black male threw the gun to the ground
as he was running. The officer who was running after the black male caught up to him
and they both began to struggle and wrestle. Witness 6 observed that the officer grabbed
the black male’s arms from behind and the black male yelled, “help, help, he is going to
try to kill me.” At that point, Carter and Witness 6 exited their vehicle. Witness 6 walked
northbound towards West End and Carter walked westbound in the alley towards
Kostner. When Witness 6 arrived at West End he observed another white male officer
apprehending a young black male. Witness 6 shouted to the officer, “Hey the guy with
the gun is over there!” and pointed to the location where the other officer was
apprehending the black male who had the handgun. Witness 6 stated that at that point he
heard 7 to 9 gunshots in a rapid succession. The officer that was apprehending the young
male ran towards the location of the gunshots. Witness 6 stated that additional officers
arrived and instructed nearby citizens, including Witness 6, to leave the area and Witness
6 complied.

In an interview with IPRA on 29 July 2009, Witness 7 stated that on 27 May
2009, at approximately 1856 hours, she was at home when she heard someone shouting
outside. A moment later Witness 7 heard what sounded like gunshots outside. Witness 7

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got down on the floor and then heard another two or three gunshots. A short time later
Witness 7 stood up, looked out her kitchen window, and observed several police officers
in the rear in the alley. Witness 7 had no knowledge of what had occurred.

The Circuit Court of Cook County, Illinois County Department-Law
Division, Amended Complaint at Law (10 L 6250) alleged that Officer A unlawfully
used deadly force against Subject 1.

In a statement to IPRA on 25 March 2010, Witness Officer E provided an
account consistent with the Summary of Incident, indicated in Department reports.
Officer E related that he was driving a marked squad car when he heard over the police
radio that there was a vehicle pursuit and upon learning the direction of the pursuit he
immediately relocated in that same direction. At some point as he was driving, he
learned that the pursuit had terminated in a crash at West End near Kostner Avenue.
Upon arriving at the scene, Officer E observed Officer B taking one of the occupants of
the vehicle into custody. Officer E learned that the other offender had fled on foot
southbound through the yards and that Officer B’s partner had chased after him. Officer
E began to run southbound through the yards when he heard approximately five shots
fired in rapid succession. Officer E reached the alley after passing through the yard, and
ran in the direction of the fired shots where he saw Officer A bent down with his hands
on his knees as if catching his breath. The offender, now known to be Subject 1, was
lying on the ground. Officer E heard another officer make a radio call of shots fired and
requested an ambulance. Officer E observed Subject 1 momentarily move, but not speak.

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Moments later Subject 1 stopped moving and appeared to have expired. Officer E related
that he was not an eyewitness to the shooting.

In a statement to IPRA on 13 June 2011, Witness Officer G provided an account
consistent with the Summary of Incident, indicated in Department reports. Officer G
added that he and his partner, Officer E, were on patrol when they heard a call over the
police radio about a stolen vehicle that a beat car was pursuing. It then was reported over
the radio that the stolen vehicle had crashed on West End. Officer G and his partner
drove to the crash site and encountered Officer B taking one of the occupants from the
stolen vehicle into custody. Officer B told Officer G that Officer A had given foot chase
to the other offender, southbound toward the alley. Officers E and G, along with other
responding officers, ran through a yard and down a gangway where they reached a dead
end with a locked fence. Officer G heard several shots fired in rapid succession but did
not see the shooting occur due to the garage that was blocking his view east of him in the
gangway. The officers began to jump over the gate as Officer G ran eastbound down the
alley. Officer G reached an open backyard and observed Officer A sitting on the ground
and Subject 1 lying on the ground about twenty feet away from him.

In a statement to IPRA on 08 April 2010, Witness Officer D provided an account
consistent with the Summary of Incident, indicated in Department reports, and the
account he provided to the Roundtable panel. Officer D reported that he was working
regular patrol when he heard a call of a police chase involving a stolen vehicle. Officer D
drove to the direction where the pursuit was heading. Upon arriving at the scene, Officer

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D learned that the offenders had fled on foot and that one of the officers had given chase
to one of the offenders eastbound down the alley. Officer D ran through the yards in the
direction where he believed the officer and offender to be. After cutting through the
yards, Officer D reached the alley, ran westbound, and observed Officer A struggling
with the offender, now known to be Subject 1 in a backyard ahead of him. It appeared
that Officer A and Subject 1 were struggling for control of a handgun. Both Officer A
and Subject 1 were each pulling away trying to gain control of the weapon. Officer D
observed Subject 1 fall back and Officer A pull back with control of the gun and then
shoot Subject 1. Subject 1 fell to the ground. Officer D was about fifty feet away from
Officer A and Subject 1 when Officer A fired his weapon at Subject 1. Upon reaching
the scene, Officer D observed that Subject 1 had been struck by the gunfire and Officer D
ran to the front of the house to obtain an address, report the incident, and request an
ambulance.

In a statement to IPRA on 07 June 2011, Witness Officer H provided an account
consistent with the Summary of Incident, indicated in Department reports. Officer H
added that he and his partner, Officer D, were on regular patrol when they heard on the
police radio that beat 1595 was monitoring a stolen vehicle and that the stolen vehicle
drove off which resulted in a vehicle pursuit. The stolen vehicle was reported over the
radio to have crashed on West End. Officers D and H arrived at the crash site and Officer
B, who was apprehending one of the occupants, related that Officer A had given foot
chase to the other offender, now known as Subject 1, southbound toward the alley.
Officer H and several other officers ran through a yard and a gangway which led to a

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locked chain link fence that divided the gangway and the alley.

The fence was

approximately seven feet tall and it was difficult to get over it. Officer H began to give
other officers a boost to jump over the gate and, while doing so, he heard gunfire coming
from the alley. Officer H also crossed over the fence and ran eastbound in the alley in the
direction of the gunfire and observed Officer A lying on the ground while having his
bullet proof vest removed from him by Officer D. Subject 1 was lying on the ground
while Officer E was securing both of his hands with handcuffs. Several officers were
heard over the police radio requesting medical assistance. Officer H was unable to recall
how many shots he heard and did not observe Officer A fire his weapon.

In a statement to IPRA on 27 April 2010, Witness Officer C provided an account
consistent with the Summary of Incident, indicated in Department reports, and the
account he provided to the Roundtable panel. Officer C related that he was working
routine patrol when he heard over the radio that there was a police pursuit of a stolen
vehicle. Officer C immediately relocated himself in the direction of the vehicle pursuit.
While still driving, Officer C heard over the radio that the vehicle pursuit had ended in a
crash. Officer C drove to the scene of the crash where he learned from one of the officers
on the scene, who was apprehending one of the offenders from the stolen vehicle, that the
other officer, now known to be Officer A, had given chase to the offender, now known to
be Subject 1, southbound down the alley. Officer C ran down a yard, through a gangway,
and into an alley where he observed Officer A struggling with Subject 1 over a firearm.
Officer C was about fifty to sixty feet away in the alley when he observed this and
continued running toward Officer A to assist him. As he neared the struggle, Officer C

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heard two or three gun shots in rapid succession and observed Officer A pull back.
Officer C observed Subject 1 fall to the ground and not move. Officer A was observed
catching his breath and Officer C laid him down on the ground to assist him.

In a statement to IPRA on 27 April 2011, Witness Officer I provided an account
consistent with the Summary of Incident, indicated in Department reports. Officer I
added that he and his partner, Officer C, were working regular patrol when he heard a
police radio transmission regarding a stolen vehicle that a squad car had attempted to
stop. The stolen vehicle was reported to have driven away and the officers gave chase to
it. Officer I heard over the radio that the stolen vehicle had crashed and the occupants of
the stolen vehicle had fled on foot. Upon arriving at the crash scene, Officers C and I
were informed by other officers of the direction in which the offender had fled. Officer C
exited the vehicle and ran in that direction. Officer I drove his car eastbound on West
End to go around the block in search of the fleeing offender. Officer I was driving
westbound on Washington when he heard multiple shots fired. Officer I also heard a
radio transmission reporting shots fired. Officer I stopped his vehicle, exited, and ran
through a yard to find Officer C standing in the backyard of 4332 W. Washington. The
offender was lying on the ground in that same yard with a handgun on the ground.
Officer I heard several requests for an ambulance by radio transmission. Officer I did not
witness the shooting occur.

In a statement to IPRA on 08 June 2010, Involved Officer A provided an account
of the incident consistent with the Summary of Incident, indicated in the Department

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reports, and the account he provided to the Roundtable panel. Officer A stated that after
Subject 1 struck the fence, he ran after Subject 1 while his partner secured two passengers
in the car that Subject 1 had been driving. Officer A stated that he followed Subject 1 to a
gangway at 4332 W. Washington Boulevard. where Officer A grabbed Subject 1 by the
collar of his shirt and tossed him to the ground, causing Subject 1 to fall on his stomach.
Officer A repeatedly ordered Subject 1 to show his hands as Officer A placed a handcuff
on Subject 1’s left wrist. With his right hand Subject 1 grabbed onto Officer A’s gun and
ripped it off Officer A’s belt while he spun around on his back. Subject 1 then attempted
to shoot Officer A in the head. Officer A stated that Subject 1 had a grip of the handle of
his gun, the gun was partially in its holster, and the other pieces of the holster were on the
ground. Officer A grabbed the muzzle of the gun with both his hands and pushed it away
from his head. Officer A and Subject 1 continued to struggle, pulling and tugging each
other, as Subject 1 told Officer A that he was going to kill him. Officer A regained
control of his gun, and stood up from the ground with Subject 1. Officer A pushed
Subject 1 and pushed Subject 1 away from him. Subject 1 repeated his threat that he was
going to kill Officer A while he lunged at Officer A. In fear for his life, Officer A fired
seven shots in rapid succession and Subject 1 fell to the ground. Officer A then fell to the
ground and Officer C arrived on scene. An ambulance was called a short time later.
Officer A stated that he sustained a fractured left thumb and bruised knees from the
incident, for which he received medical care at UIC hospital.

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CONCLUSION AND FINDING:
This investigation found that the use of deadly force by Officer A 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 involves the infliction, threatened infliction, or
threatened use of physical force likely to cause death or great
bodily harm or;
b. is attempting to escape by use of a deadly weapon or;
c. otherwise indicates that he or she will endanger human
life or inflict great bodily harm unless arrested without
delay.”

Officer A’s actions were in accordance with both conditions of CPD’s deadly
force policy. Officer A observed Subject 1 driving a vehicle that was reported stolen
when he attempted to stop the vehicle. Subject 1, the driver of the stolen vehicle, refused
to pull over for police and instead accelerated in an attempt to escape. Officer A gave
chase of Subject 1. Subject 1 crashed the stolen vehicle into an iron fence on West End
and then fled on foot. Officer A gave chase of Subject 1, pursuing him through a
gangway, over a fence, and down an alley to the backyard of 4332 W. Washington where
he caught up to him. Officer A grabbed Subject 1, threw him to the ground on his
stomach, and placed one handcuff on him. Subject 1 turned around and ripped the holster

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off Officer A’s belt with the gun still partially in the holster. Officer A struggled for
control of the gun with Subject 1 on the ground and at some point the muzzle of the gun
was pointed toward Officer A’s head while Subject 1 threatened that he was going to kill
Officer A. During the struggle, Officer A was able to shout for officers that were in the
area in search of Subject 1 and Officer A. Officer A was able to re-gain control of his
weapon and then they both stood back up. Officer A pushed Subject 1 away from him
and took a few steps back. Subject 1 again stated that he was going to kill Officer A and
lunged at him and Officer A, in fear for his life, fired his weapon seven times in rapid
succession. Subject 1 fell to the ground, then Officer A dropped his gun and fell to the
ground to catch his breath. Several officers arrived on scene shortly after, called for an
ambulance, and assisted Officer A in removing his vest. Therefore, based on the totality
of the circumstances, Officer A was reasonably in fear for his life and fired at Subject 1
to prevent death or great bodily harm.

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