Independent Police Review Authority
Log #1031066 / U #09-43
INVESTIGATION
NUMBER:
Log #1031066/ U #09-43
OFFICER
INVOLVED:

“Officer A” (Chicago Police Officer); Male/Black; 36 years old;
On-Duty; Plain Clothes; Year of Appointment – 1997

OFFICER’S
INJURIES:

None

SUBJECT:

“Subject 1”; Male/Black; 18 years old

SUBJECT’S
INJURIES:

GSW through and through upper right hip and right buttocks

INITIAL
INCIDENT:

Aggravated Assault / Person with a Gun

DATE/TIME:

16 October 2009, 2251 hours

LOCATION:

6340 S. Martin Luther King Drive

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 Independent Police Review Authority
Log #1031066 / U #09-43
SUMMARY OF INCIDENT:
On 16 October 2009, at approximately 2251 hours, Officer A working
with Officer B, CPD Sergeant A, Officer C, and Officer D, were in the rear of a
building in the vicinity of 6400 S. Martin Luther King Jr Drive conducting a
narcotics arrest of [Arrestee]. The officers heard multiple gunshots in the area just
north of their location, which is now identified as 6340 S. Martin Luther King Jr
Drive, service road. Officer A, Officer B and CPD Sergeant A entered their
unmarked vehicle, as Officer C entered the vehicle belonging to Mr. Strong and
the four drove toward the gunfire. Officer D transported [Arrestee] to the 003rd
District for processing.
The officers drove north within the complex toward 63rd Street. Upon their
arrival in the vicinity 6340 S. Martin Luther King Jr Drive, the officers observed
the subject, now known as Subject 1, in front of them on the service road firing a
weapon into a crowd of people standing just north of 6340 S. Martin Luther King
Jr Drive. Officer A, who was the driver of the unmarked vehicle, stopped and as
he exited, he yelled, “Police.” Subject 1 turned with his weapon raised toward
Officer A. Officer A discharged his weapon. Subject 1 fled west approximately
50 feet, fell to the ground, and dropped a revolver. The officers handcuffed
Subject 1 and secured the weapon. Chicago Fire Personnel EMS ambulance #55
transported Subject 1 to Stroger Hospital where he was treated for a through and
through gunshot wound (hip, buttock).
Upon his release, Subject 1 was charged with Aggravated Assault to a
Police Officer (4 counts), and Reckless Discharge of a Firearm (1 count).

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 Independent Police Review Authority
Log #1031066 / U #09-43
INVESTIGATION:
CPD Sergeant A, Beat 306, Unit 003 related to the Roundtable Panel an
account of this event that is consistent with the Summary of Incident.
CPD Sergeant A related that as he exited the vehicle, he heard Officer A yell,
“Police.” CPD Sergeant A looked to see Subject 1 pointing a weapon at Officer A.
Officer A then fired several shots from his weapon at Subject 1. Subject 1 turned and fled
approximately 50 feet before falling to the ground.
CPD Sergeant A would later provide a consistent account of this event in a
statement to IPRA. In said statement, CPD Sergeant A articulated that Subject 1 was
pointing a firearm at Officer A, and that Officer A fired his weapon in defense of his life,
and the life of the other officers present.

Officer B, Beat 362, Unit 003 related to the Roundtable Panel an account of
this event that is consistent with the Summary of Incident.
Officer B related that he observed Subject 1 holding a silver handgun and firing at a
crowd of people. Officer B heard Officer A announce his office. Officer B then observed
Subject 1 turn and raise the weapon in the direction of Officer A. Officer A discharged
his weapon (several shots in succession). Subject 1 fled a short distance and fell to the
ground.
Officer B would later provide a consistent account of this event in a statement to
IPRA. In said statement, Officer B articulated that Subject 1 was pointing a firearm at
Officer A, and that Officer A fired his weapon in defense of his life, and the life of the
other officers present.

Officer C, Beat 306A, Unit 003 related to the Roundtable Panel an account of
this event that is consistent with the Summary of Incident.
Officer C related that he observed Subject 1 fire a weapon into a crowd of people.
Officer A stopped his vehicle at an angle, opened his door, drew his weapon, and
announced his office. As Officer A announced his office, Subject 1 turned toward Officer
A with his arm in a raised position and pointed his firearm toward him. Officer A
discharged his weapon several times. Subject 1 turned west and fled several feet on foot.
Subject 1 fell to the ground and the weapon flew out of his hands onto the ground a few
feet in front of him.
Officer C would later provide a consistent account of this event in a statement to
IPRA. In said statement, Officer C articulated that Subject 1 was pointing a firearm at
Officer A, and that Officer A fired his weapon in defense of his life, and the life of the
other officers present.

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 Independent Police Review Authority
Log #1031066 / U #09-43

Officer A, Beat 306A, Unit 003 related to the Roundtable Panel an account of
this event that is consistent with the Summary of Incident.
Officer A related that he was working with CPD Sergeant A and Officer B when
he heard 3-4 gunshots in the area. The officers entered their vehicle and he drove
eastbound and then turned northbound onto a service drive at 64th and Martin Luther King
Drive. As he approached the area, Officer A observed Subject 1 and a large group of
people. He then observed Subject 1 fire into the large crowd. Officer A stopped his
vehicle at an angle, opened the driver’s side door, drew his weapon, stood up with one
foot out of the vehicle, placed his weapon over the frame of the door and announced his
office. Subject 1 turned with his arm raised and pointed a weapon at Officer A. Officer A
discharged his weapon seven (7) times. Subject 1 fled approximately 50 feet and fell to
the ground.
Officer A would later provide a consistent account of this event in a
statement to IPRA. In said statement, Officer A articulated that Subject 1 was pointing a
firearm at him. Officer A related that he was “in fear that (Subject 1) was either going to
shoot me and/or my two partners that were in the car with me” 1 at the time he discharged
his service weapon.

CPD Detective 1, Area Two related to the Roundtable Panel the statement that
had been obtained from Subject 1. CPD Detective 1 related that Subject 1 claimed that he
had been standing in close proximity to a black male known to him only as “[Male Name
#2].” Subject 1 asserted that “[Male Name #2]” was exchanging gunfire with another
black male, known to Subject 1 as “[Male Name].” Subject 1 told CPD Detective 1 that
as the police responded to the gunfire, “[Male Name #2]” threw his firearm to Subject 1.
As Subject 1 was catching the firearm, the police shot him.

In a statement to IPRA, Subject 1 related the following. Subject 1 advised that
he was with (a black male known to him as) “[Male Name #2],” and that the two of them
were walking towards a large party on Martin Luther King Drive. Subject 1 advised that
as they reached the party, they came in contact with another group of black males, one of
whom was “[Male Name].” Subject 1 advised that [Male Name] and “[Male Name #2]”
began shooting at each other.
Subject 1 related that the police then responded to the area, and that “[Male Name
#2]” fled on foot. Subject 1 related that he was running behind “[Male Name #2],” when
“[Male Name #2]” threw his revolver to him. Subject 1 advised that he caught the pistol
in mid-air, and then attempted to throw it on the ground when he was subsequently shot
in the buttocks by the police officer.
1

Attachment #148, Pg 18, Line 1

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 Independent Police Review Authority
Log #1031066 / U #09-43
Subject 1 related that he was laying on the ground, as he informed the arresting
officers that he was not responsible for any shooting. Subject 1 claimed that one of the
officers stated words to the effect of, “Fuck you, you are the shooter.”
Subject 1 further related that the responding police officers likely would not have
seen “[Male Name #2],” as “[Male Name #2]” threw him the gun quickly, and then fled
the area. Subject 1 could not provide any information that would assist in identifying
“[Male Name #2].”
Subject 1 maintained that he was not shooting at anyone, did not point a pistol at
the police, and only briefly possessed the pistol after having it thrown to him by “[Male
Name #2].”

In a statement to IPRA, Witness 1 related the following. Witness 1 advised
that she attended a party at 6356 S. Martin Luther King Jr Dr, and was standing outside
when this event occurred. Witness 1 related that she observed a black male known to her
as “[Male Name #2]” firing a revolver at a passing vehicle. Witness 1 stated that Subject
1 was standing next to “[Male Name #2],” and was also holding a revolver. Witness 1
was uncertain if Subject 1 fired his weapon or not.
Witness 1 then observed at least two police officers running towards “[Male
Name #2]” and Subject 1. Witness 1 related that “[Male Name #2]” fled on foot. Witness
1 advised that one of the officers, whom she believed to be a male Hispanic, fired two
rounds at Subject 1 – at which point Subject 1 fell to the ground. Witness 1 related that
Subject 1 was still holding his revolver when the police officer shot him.
In a statement to IPRA, Witness 2 related the following. Witness 2 advised
that Subject 1 is his older brother, and that the two of them attended a party at 6356 S.
Martin Luther King Drive. Witness 2 was standing outside when this event occurred.
Witness 2 initially related that he saw unknown persons shooting at Subject 1, and
that Subject 1 subsequently returned fire. Witness 2 specifically stated that Subject 1 was
shooting at a green car that was near the Walgreen’s store on the corner.
Witness 2 then related that he was unsure if Subject 1 did have a firearm, as there
was a large group of people standing in his line of sight.
Witness 2 related that the responding police officers approached Subject 1 from
behind, and shot him without announcing their office, or making any other verbal
commands.

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 Independent Police Review Authority
Log #1031066 / U #09-43
Witness 2 confirmed that on 17 October 2009, when asked by IPRA Investigator
A if he had witnessed this event, he advised that he did not. Witness 2 stated that he was
upset at that time, and was not able to assist in this investigation.
Multiple attempts to locate and interview [Male Name] and [Male Name #2]
were made. The attempts met with negative results.
According to Medical Records from Stroger Hospital, Subject 1 was treated for
a single gunshot wound, with a through and through track from right hip to right buttock.
The attending physician notated that the wound track trended to the posterior.
A Canvass of the area of the incident was made in an attempt to locate additional
witnesses and/or evidence. Additional information was not discovered. It is noted that
there is no physical or testimonial evidence that refutes the statements provided by the
involved officers.
The Department Reports, Tactical Response Reports and the Officer’s
Battery Reports all provided information that is consistent with the statements given by
the involved officers, and the independent witnesses.
The OEMC and PCAD reports were collected and made part of this case file.
An analysis of said documents show no information that is inconsistent with the facts as
related by the involved and witness officers. Attempts to locate additional independent
witnesses were made to no avail.
Illinois State Police Forensic Science Laboratory Reports document the
examination of the recovered ballistic evidence, in comparison to the firearm belonging
to Officer A, and the firearm found in the possession of Subject 1. Both firearms tested
were found to be in proper firing condition.
Gun Shot Residue (GSR) kits collected from Subject 1 returned positive. The
reports indicated that Subject 1 did fire a handgun, or was in the environment of a
discharged firearm.
Court Records regarding the charges against Subject 1 in this event were
obtained. Said records show that Subject 1 was found guilty of these charges on 30 April
2010.

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 Independent Police Review Authority
Log #1031066 / U #09-43
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 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 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, along with multiple witness officers, responded to gunshots in the area
of 6340 S. Martin Luther King Jr Drive. Upon arrival Subject 1 was observed
firing a revolver at or near a crowd of people outside of a large party. Officer A
announced his office, and drew his firearm. Subject 1 turned towards Officer A
and pointed his firearm in the direction of Officer A, CPD Sergeant A, Officer C,
and Officer B.
This placed Officer A in imminent fear of great bodily harm or death, both to
himself, and his partners. Officer A discharged his weapon, striking Subject 1 in
his right hip.
Multiple witnesses, who are both associates and relatives of Subject 1, confirmed
that Subject 1 was holding a firearm at the time he was shot. Gun shot residue
tests support the assertions that Subject 1 was shooting his firearm as officers
arrived on scene.
Based on the totality of the circumstances, Officer A’s actions were reasonable to
prevent death or great bodily harm.

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