INDEPENDENT POLICE REVIEW AUTHORITY
LOG# 1032801/U# 09-56
INVESTIGATION
NUMBER:
LOG# 1032801/U# 09-56
OFFICER #1
INVOLVED:

OFFICER #2
INVOLVED:

OFFICER #3
INVOLVED:

SUBJECT:
SUBJECT’S
INJURIES:

“Officer A” (Chicago Police Officer); Male/White; 26 years old;
On-duty; In Uniform; Year of Appointment – 2006

“Officer B” (Chicago Police Officer); Male/White; 32 years old;
On-duty; In Uniform; Year of Appointment – 2002

“Officer C” (Chicago Police Officer); Male/White; 28 years old;
On-duty; In Uniform; Year of Appointment – 2005

“Subject 1”; Male/Black; 20 years old

One gunshot wound to the abdomen and one gunshot wound to the
left forearm.

INITIAL
INCIDENT:

Attempted street stop.

DATE/TIME
OF INCIDENT:

29 Dec 09, 0035 hours

LOCATION:

3841 W. Chicago Avenue
Beat 1112

 INDEPENDENT POLICE REVIEW AUTHORITY
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SUMMARY OF INCIDENT:
On 29 Dec 09 at approximately 0030 hours, Officer A and Officer D, assigned to
Beat 1115, were on routine patrol when they were flagged down by unknown citizens in a
white four door car, who related that they were shot at by the occupants of a minivan in
front of the officer’s vehicle. The officers reported the information over the radio and
attempted to curb the van, which fled the area. The officers followed the van to the alley
between Avers Avenue and Springfield Avenue south of Chicago Avenue, where the van
crashed into a fence. The van reversed and struck the officers’ vehicle. The driver, now
known to be the subject, Subject 1, fled from the van with a chrome semi-automatic
handgun in his hand. Officer A chased Subject 1, announced his office and told him to
drop the weapon. Subject 1 refused and pointed the gun at Officer A. Officer A fired his
weapon twice at Subject 1. Subject 1 continued running north through a vacant lot on
Avers, where Officer B and C’s squad car was located while responding to the radio call.
The officers gave Subject 1 verbal commands to drop his weapon, but he refused and
instead pointed his weapon at the officers. Officer B and C both fired their guns at
Subject 1. Subject 1 continued running north across Chicago Avenue and dropped his
weapon in a vacant lot. Subject 1 ran through alleys and gangways in an attempt to hide
from officers, but was apprehended in a gangway at 823 S. Springfield. There were six
to seven individuals in the van who fled, along with Subject 1; six were apprehended.
Subject 1 was transported to Stroger Hospital with a gunshot wound to the abdomen and
forearm.

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INVESTIGATION:
Officer A related to the Roundtable panel an account that was consistent with
the Summary of Incident. Officer A added that after the unknown vehicle flagged them
down, he and Officer D continued following the minivan west onto Iowa Street and
relayed this information through the radio. When the minivan turned onto Springfield
Avenue and Beat 1111 radioed that they were two cars behind the minivan, Officer A
turned on the emergency equipment and followed the minivan into an alley west of
Springfield Avenue. The minivan drove into the alley, through a vacant lot, then over the
curb onto Chicago Avenue. The minivan then turned into the alley on the south side of
Chicago Avenue and drove through a vacant lot to another alley. The minivan crashed
into a fence near the alley. The driver, now identified as Subject 1, drove the minivan in
reverse, striking Officer A and D’s squad car. Subject 1 then got out of the van and fled
north and east through the alleys. Officer A exited the squad car and pursued Subject 1.
Subject 1 pointed a gun at Officer A, who announced his office, gave verbal commands
to Subject 1 to drop the gun, and then fired his gun twice at Subject 1 after Subject 1
refused to follow those verbal commands.
Subject 1 continued running north, with Officer A pursuing him. Subject 1 ran
into a vacant lot, where he pointed the gun at several approaching officers. The officers
announced their office and ordered Subject 1 to drop his weapon; he again refused. The
officers fired at Subject 1, who continued running north, across Chicago Avenue, again
pointing his gun at the officers. The officers fired their guns at Subject 1 again. Officer
A observed Subject 1 drop the gun and continue to run. Officer A continued chasing
Subject 1 until he was apprehended in the gangway of a house on Springfield.
Officer D related to the Roundtable panel an account that was consistent with
the Summary of Incident. Officer D related that after he and Officer A stopped behind
the minivan in the alley, the minivan went in reverse, striking their squad car. The
occupants of the minivan fled on foot. Officer D pursued and apprehended one of the
individuals and heard several gunshots. Officer D did not know who fired their guns.
Officer B related to the Roundtable panel an account that was consistent with the
Summary of Incident. Officer B added that Officer C was driving the squad car and, after
observing the minivan and squad car behind it go south on Springfield Street, drove their
squad car east on Chicago Avenue, then south on Avers Avenue in an attempt to cut off
the minivan’s path. Officer B heard gunfire when they were driving on Avers, but did
not see who fired. Shortly thereafter, Officer B observed a black male, Subject 1, exit the
alley holding a gun in his hand. Subject 1 pointed the gun at Officer B, who ordered him
to drop the gun. Subject 1 refused to do so and Officer B fired his gun three times at
Subject 1. Officer C also fired his gun at Subject 1. Subject 1 continued running into a
vacant lot. Officer B observed Officer A pursuing Subject 1 as Subject 1 ran north
through the lot. Officer B heard other officers yelling at Subject 1 to drop his gun and
Subject 1 continued to ignore the officers’ commands. Officer B observed Officer C fire

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his gun at Subject 1 two more times after Subject 1 crossed Chicago Avenue and again
pointed the gun at officers.
Officer C related to the Roundtable panel an account that was consistent with the
Summary of Incident. Officer C added that he and Officer B responded to a call for
assistance, and upon observing the squad car with its lights and sirens on behind the
minivan, he drove on the street parallel to their location. Upon reaching Avers Avenue,
Officer C heard gunshots, but did not see who fired. He exited the squad car and
observed Subject 1 running from an alley into a vacant lot. Subject 1 was pointing a gun
at Officers B and C. Officers B and C ordered Subject 1 to drop the gun, which he
refused to do. Officer C stated he was standing next to the driver’s side of his squad car
and fired once at Subject 1. Officer B also fired at Subject 1 at the same time. Subject 1
continued running north across Chicago Avenue and Officer C pursued him. Subject 1
again pointed his gun at Officer C and Officer C fired at Subject 1 two more times.
Subject 1 stumbled and dropped the gun, but kept running. Officer C pursued Subject 1
until he was apprehended at 823 N. Springfield Street.
In a statement to the IPRA on 05 Sep 12, the Involved Member, Officer B,
provided a statement that was consistent with the Summary of Incident, Department
Reports and the account he provided at the Roundtable. Officer B stated he was working
Beat 4450B with Officer C, when they responded to a radio transmission requesting
assistance for officers following a vehicle that was reported to have guns. Officer C
drove to the location provided by Officers A and D, which was the intersection of Iowa
Street and Pulaski Avenue. The officers turned onto Iowa and observed the minivan
driving directly towards them. The minivan then turned southbound into an alley.
Officer C drove east then south onto the next street in an effort to parallel the minivan.
The minivan continued south in the alley, crossing Chicago Avenue. The officers went
east on Chicago Avenue, then turned south onto Avers Avenue. At that time Officer B
lost sight of the minivan when it drove behind a building.
The officers came to a stop on Avers Avenue, and as Officer B exited the squad
car, he heard two gunshots coming from the alley where he assumed the minivan was
located. Officer B did not know who had fired a gun. Officer B then observed a black
male, Subject 1, running towards him with a gun in his hand. Officer B yelled, “Police!
Drop your gun!” Subject 1 responded by pointing the gun at Officer B and C. Officer B
fired at Subject 1 two to three times. He was standing approximately 25-35 feet away
from Subject 1 when he fired. Officer B was aware that Officer C also fired but stated
that this was right after he fired. Subject 1 continued running into a vacant lot on the
corner of Avers Avenue and Chicago Avenue with officers pursuing him. As Subject 1
crossed Chicago Avenue he turned sideways and pointed his gun at Officer B and C
again. Officer C was in Officer B’s line of fire, so Officer B was unable to fire at Subject
1. Officer C did fire at Subject 1. Subject 1 dropped his gun but continued running. It
was at this time that Officer B was aware that Subject 1 had been struck by gunfire.

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Officer B heard an officer yell that he would secure the weapon. 1 Officer B and other
officers pursued Subject 1 and apprehended him seconds later in a gangway on
Springfield Street.
In a statement to the IPRA on 05 Sep 12, the Involved Member, Officer A
provided a statement that was consistent with the Summary of Incident, Department
reports and the account he provided at the Roundtable panel. Officer A stated he was
working with Officer D. They were following a minivan that had disregarded a stop sign
when another vehicle flagged them down and informed them that the occupants of the
minivan had fired at them and had guns in the car. The officers pursued the minivan and
requested assistance via the radio when they observed that there were multiple occupants
in the minivan. Once assisting units were in the area, Officers A and D activated their
emergency lights and sirens and attempted to curb the minivan. The minivan disregarded
the lights and sirens and continued driving westbound on Iowa then turned south into the
alley west of Springfield Street, through a vacant lot, onto Chicago Avenue, east on
Chicago Avenue then turned into the alley south of Chicago Avenue, east of Springfield
Street. The minivan was driving at a normal rate of speed, and upon turning south into
the alley off of Chicago Avenue, it crashed into a fence. When Officers A and D’s squad
car approached the minivan, the minivan went into reverse and crashed into their squad
car. Officer A immediately exited his squad car and observed the driver of the minivan,
Subject 1, exit the minivan holding a gun in his hand. Officer A drew his weapon and
announced his office. Subject 1 fled eastbound and Officer A gave chase. Subject 1 ran
for approximately 25-30 feet, turned right while running, and pointed his gun at Officer
A. Officer A fired twice at Subject 1, then stopped firing because he became aware of
assisting police units in his line of sight, east of his location, driving on Avers Avenue.
Subject 1 continued running east, then turned northbound into a vacant lot, west of Avers
Avenue. Officer A continued pursuing him and observed assisting police units on the
street to his right. Officer A was now approximately 35-40 feet away from Subject 1
when he observed Subject 1 turn to the right and point his gun at other officers; Officer A
then heard several gunshots but did not see who fired a gun. Subject 1 continued
running, crossing Chicago Avenue with Officer A pursuing him. Officer A heard several
more gunshots to his right and did not know who fired a gun but assumed it was police
officers. Subject 1 dropped the gun in a vacant lot and continued running northbound,
ending up in a gangway on Springfield Avenue where he was apprehended.
In a statement to the IPRA on 06 Sep 12, the Involved Member, Officer C
provided a statement that was consistent with the Summary of Incident, Department
reports and the account he provided at the Roundtable panel. Officer C stated that he was
working Beat 4450B with Officer B. Officer C stated he was driving the squad car as
they responded to a call requesting assistance. Officers B and C arrived in the vicinity of
the location provided by Officers A and D and observed a minivan along with
approximately 4-5 squad cars following behind it. Rather than get behind the last squad
1

The identity of this officer was not known during the Roundtable and was not learned during the
investigation.

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cars the officers instead drove one block over and followed the minivan from there. The
minivan turned into an alley and Officer C lost sight of it. 2 Officer C was driving
towards its location when it was announced over the radio that the minivan crashed into
Officer A’s vehicle; seconds later Officers B and C heard gunfire. Officer C drove to the
last location called over the radio. At this time they could not see either the minivan or
the officers’ squad car because they parked near a building that was blocking their view.
As Officer C was putting the squad car in park, Officer B was already exiting the squad
car as Subject 1 ran around the building towards them with a gun in his hand pointed in
the officers’ direction. Officer B immediately fired at Subject 1. Officer C exited the
squad car, took several steps back so that Officer B was not in his line of fire and fired
several times at Subject 1. Officer C was standing approximately 30 feet away from
Subject 1 when he fired at him. As the officers fired at him, Subject 1 changed direction
and began running in a diagonal direction, northbound, away from the officers across
Chicago Avenue and through a lot. Officers B and C pursued Subject 1. As Subject 1
ran, he turned and continued pointing the gun at Officers B and C. For this reason Officer
C fired at Subject 1 again. Officer C observed that Subject 1’s body jerked and he
dropped the gun but continued running. 3 Subject 1 ran into a gangway on Springfield
and tried to hide but was apprehended and placed into custody by assisting officers.
In a statement to the IPRA on 10 Oct 12, the Witness Member, Officer D
provided a statement that was consistent with the Summary of Incident, Department
reports and the account he provided at the Roundtable panel. Officer D stated that he was
working with Officer A and was driving their squad car. The officers were directly
behind the minivan with their lights and sirens activated. The minivan crashed into a
fence and the side door of the minivan opened. Officer D was in the process of
unbuckling his seat belt when the minivan went in reverse and struck the squad car. The
impact caused Officer D’S head to hit the windshield of his squad car. Officer D still
exited the squad car and observed approximately six individuals fleeing from the minivan
via the passenger door. One of the males fell and Officer D held him at gunpoint until
assisting vehicles arrived and placed him into custody. It was at the same time that
Officer D heard gunshots, but did not see anyone fire a gun; he did not know who fired.
Officer D did not know Officer A’s location because they both went in different
directions after the minivan struck the squad car. Officer D was taken to the hospital for
his injuries and was treated and released.
A canvass was conducted and one possible Witness 1, provided inconsistent
accounts of the incident that he observed. A subsequent attempt to interview Witness 1
was met with a negative result.
In an interview with the IPRA on 13 Jan 10, Witness 2 stated he had no
knowledge of the incident and was stopped by officers when he exited his home via the
2

Officer C was unable to recall the street names or directions that the vehicles traveled.
Officer C stated that at some point after he fired his gun, possibly after the second time he fired, he
changed the magazine but could not recall if his gun experienced a malfunction or why exactly he changed
the magazine during the incident.
3

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back door, after hearing voices and noises. Witness 2 was taken the police station by
police officers and was questioned for several hours then released without being charged.
4

Attempts to interview subject Subject 1 via letters, telephone calls and personal
visits were met with negative results. Subject 1 refused to cooperate with the
investigation.
Attempts to interview witnesses Witnesses 3, 4, 5, 6, and 7 via letters and
personal visits were met with negative results. They did not cooperate with the
investigation.
Department reports including the Case Supplementary Report include
accounts of the incident that are consistent with the Summary of Incident and the
accounts provided at the Roundtable.
Witness 1 related to Detectives that he was standing at the rear of his apartment,
located at XXXX W. Chicago Avenue, #3rd floor, when he heard one gunshot that he
believed came from the south alley of Chicago Avenue and Avers Avenue. Witness 1 ran
to his bedroom window which faces west towards Avers Avenue and looked out of the
window. Witness 1 heard three additional gunshots and observed uniformed officers
chasing a male black towards the corner of Chicago Avenue and Avers Avenue. Witness
1 observed male black raise his left arm, stumble and continue running with the officers
pursuing him. 5
During the IPRA canvass, Witness 1, declined to provide an interview, but stated
that at the time of the incident he was on his back porch when he heard a “boom.”
Witness 1 ran inside to his bedroom and heard two gunshots. Witness 1 looked out of his
bedroom window and observed several police officers chasing an unidentified black
male. The black male and officers ran across Chicago Avenue and out of Witness 1’s
sight. Witness 1 also stated that he observed the officers shoot the unidentified black
male, but later stated he did not witness the officers shoot a gun.
Witness 4 related to detectives that he was sitting on a porch at 1059 N.
Springfield when a van pulled up to the residence. Witness 6 called him over to the van
and Witness 4 got in. Already inside of the van were Witness 8, Witness 5, Witness 3,
Subject 1 and an individual Witness 4 knows only as “[Nickname].” 6 Subject 1 was
4

Witness 2 provided a conflicting account to detectives, stating that he was in a van with several
individuals and when police attempted to pull the van over, the van fled. When the van crashed, Witness 2
fled on foot. Witness 2 denied having a gun and refused to answer any additional questions.

5

Witness 1 was initially cooperative with detectives and taken to the Area to be interviewed but later stated
that he wished to go home and no longer wanted to assist in the investigation. Witness 1 was taken home
prior to the Roundtable commencing.
6
The identity of “[Nickname]” was not learned either by Detectives or the IPRA during the course of the
investigation.

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driving the van. Witness 6 pulled out a gun and demanded Witness 4’s money. Witness
8, Witness 5, Witness 3 and Witness 6 were also demanding money and had guns.
Subject 1 drove to the area of Ferdinand and Avers and Witness 4 observed a white car
driving in their direction. Witness 6 got out of the van and fired one shot at the white car.
Witness 4 demanded to be let out of the van, but he was not let out. Witness 4 observed a
marked police vehicle behind the van and Subject 1 began driving at a high rate of speed
to get away from the police. Subject 1 crashed the van in an alley south of Chicago
Avenue and, at that time, Witness 4 fled on foot; as he was running he heard a loud crash
of two vehicles colliding. 7
Witness 5 related to detectives that he was with his friends, Subject 1, who was
driving a minivan, Witness 6, Witness 3, Witness 8 and Witness 4. Witness 5 stated that
Witness 6 was armed with a .38 caliber revolver, Subject 1 was armed with a chrome
semi-automatic handgun and Witness 3 was armed with a .22 caliber German gun. As
Subject 1 was driving around, a car got really close to the van so Subject 1 gave the
occupants of the car a dirty look. Witness 6 got out of the minivan and fired one shot
from the revolver into the air. A short time later, a marked Chicago Police vehicle was
driving behind their van. The police vehicle followed behind the van for a short time but
did not immediately turn on its lights and sirens. Once the officers turned on the lights
and sirens Subject 1 sped up and drove down some alleys and through a couple of vacant
lots to try and get away from the police. Subject 1 then crashed into a gate in the t-alley
of Avers and Chicago Avenue. Everyone got out of the van. As Witness 5 was trying to
get out, Subject 1 purposely accelerated in reverse and hit the police car hard enough to
make the side door of the van shut and throw Witness 5 from a seated position to his
knees in the van. Subject 1 then ran out of the van carrying the chrome gun. Witness 5
exited the van and put his hands in the air and was immediately placed under arrest by
police officers. Witness 5 heard police officers yelling, “Police! Drop the gun!” He then
heard gunshots.
Witness 6 related to detectives that he was standing on the corner of Thomas
Street and Springfield Avenue at approximately 5:00 p.m. when Subject 1 drove up in a
green minivan. Witness 6 got in the van and sat in the front passenger seat. Witness 6
and Subject 1 drove around for awhile, drinking tequila, then picked up Witness 3 and
Witness 8. Approximately thirty minutes later Subject 1 stopped the van at Thomas
Street and Springfield Avenue so Witness 3 could do a “lick.” 8 Witness 3 did the “lick”
then got back in the van. They drove around for awhile and stopped to pick up Witness
4, and an individual he only knows as “[Nickname #2],” then bought marijuana. 9
Witness 6 stated he observed three handguns in the car, two semi-automatic guns and one
revolver. As they were driving, Subject 1 got into a verbal altercation with the occupants
7

Based on Witness 3’s conflicting account of the incident, Detectives canvassed the area around 1059 N.
Springfield but did not find any witnesses that corroborated his account. Witness 8 was not identified or
located at the time of the incident and there was no subsequent contact information provided for Witness 8.
8
A “lick” is a street term for committing a robbery.
9
The identity of “[Nickname #2]” was not learned by Detectives or the IPRA during the course of the
investigation.

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of a vehicle driving in the opposite direction. Subject 1 exited the vehicle and continued
the verbal altercation. The vehicle began driving away. Witness 6 reached down,
grabbed a .38 revolver from the floor, exited the minivan and shot the gun in the air one
time. They all got back in the van and a short time later a marked Chicago Police
Department vehicle started following them and after several minutes, turned on its lights
and sirens. Subject 1 sped up and drove through alleys and vacant lots in an attempt to
get away from the officers. Subject 1 then crashed into a gate in the T-alley of Avers
Avenue and Chicago Avenue and everyone in the vehicle got out and fled. As Witness 6
ran he threw the gun in the snow and was apprehended by police officers seconds later.
Subject 1 was interviewed by detectives on 01 Jan 10 and related that he was
driving his father’s minivan and picked up several friends: Witness 4, Witness 3, Witness
6, Witness 5 and Witness 8. They went and bought a bottle of tequila which they drank
in the minivan. At approximately midnight, Subject 1 drove to Thomas Street. Witness 3
had an unloaded semi-automatic gun and got out of the van to rob several individuals of
their money. Witness 3 got back in the van and they drove around some more. At some
point, Witness 3 gave the gun to Subject 1 and Subject 1 placed the gun in his lap. A
brown car drove next to the minivan on the drivers’ side and Witness 6 got out of the
minivan. Witness 6 and the individuals in the brown car began yelling at each other.
Witness 6 then took out a revolver and shot at the brown car, which drove off. Witness 6
got back in the minivan and Subject 1 drove off. Several minutes later Subject 1
observed a police car behind the minivan. Subject 1 looked in the rearview mirror and
saw the police vehicle’s lights and sirens on. Subject 1 accelerated the minivan in an
effort to get away from officers, drove down an alley, across a vacant lot onto Chicago
Avenue, then onto Springfield in the wrong direction. The police vehicle stayed behind
him the entire time with lights flashing and sirens blaring. Subject 1’s minivan hit a
patch of ice and he lost control of the vehicle, striking a fence. Subject 1 tried to get
away by reversing the minivan into the police car, then jumping out of the minivan,
knowing it would strike the officers’ vehicle and that it would slow the officers down.
Subject 1 observed the minivan strike the officers’ vehicle as he fled. Subject 1 held the
gun in his right hand in front of him to hide it from the police. He heard the police yell,
“Drop, the gun! Drop the gun!” He heard a gunshot, then felt a pain in his back. Subject
1 threw the gun in a vacant lot and kept running but was arrested a short distance away.
The Chicago Fire Department Ambulance Report indicates paramedics
responded to a call of a gun shot victim at 819 S. Springfield Street and found Subject 1,
who had been shot in the back and lower left arm. Subject 1 was able to walk to the
ambulance with the assistance of police officers and was taken to Stroger Hospital.
Medical records dated 29 Dec 09, from Stroger Hospital for Subject 1 indicate
that he was treated for a gun shot wound to the abdomen and to the left forearm.
The Tactical Response Reports from Officers A, B, and C indicate that Officer
A fired his gun two (2) times, Officer B fired three (3) times and Officer C fired three (3)
times.

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POD videos from various locations in the vicinity of the incident were obtained
and viewed. The POD’s were from 0001- 0130 hours but did not contain any images
depicting the incident.
The Office of Emergency Management and Communications (OEMC) Event
Query indicates that 3-4 people in a van were wanted for shots fired; the offenders bailed
from the van and were running southbound; one of the offenders had a gun; shots were
fired by police; and five (5) offenders were in custody.
Evidence Technician Photographs and Crime Scene Videotape depict the
crime scene; the minivan and crashed squad car; and three (3) subject(s) guns located at
various locations of the crime scene(s).
An In Car Camera video for Beat 1113 was obtained, but did not depict the
incident. It only depicted Subject 1 running across Chicago Avenue.
A report from the Illinois State Police, Division of Forensic Services (ISP),
dated 20 Jan 10 indicated that there were no latent impressions suitable for comparison
on the three (3) guns obtained from the incident.
An ISP report dated 27 Jan 10 indicated that Officers A, B, and C’s guns were
examined found to be in firing condition and test fired. A Ruger, .22 long rifle located at
732 N. Avers Avenue and a RG 31, .38 revolver, located at 736 N. Avers Avenue, were
examined, found to be in firing condition and test fired. 10 A third weapon, a Kimar
model 92, 8 mm caliber, located at 3836 W. Chicago Avenue, was examined and found
to be a replica of a semi-automatic pistol. No test shots were conducted; however the gun
did appear to function as designed, which is as a firing blank(s) pistol. The report further
reflects that of the fired evidence recovered at the scene: one (1) fired cartridge case,
retrieved from under hammer in cylinder of the RG 31 revolver, could not be identified or
eliminated as having been fired from the RG 31, but was not fired from any of the
officer’s guns or from the Ruger .22 long rifle; two (2) fired cartridge cases, located on
the pavement at 759 N. Avers Avenue, were fired from Officer C’s gun; three (3) fired
cartridge cases, located on the pavement at 755 N. Avers Avenue, were fired from
Officer B’s gun; and two (2) fired cartridge cases located on the alley pavement at 3841
W. Chicago Avenue, were fired from Officer A’s gun. 11
10

Fired/unfired evidence locations were determined by cross referencing the Crime Scene Processing
Report’s photographs, markers and inventory numbers with the ISP report dated 27 Jan 10.
11

There appeared to be a typographical error on the ISP report dated 27 Jan 10, for Inventory #11885617.
In the item submitted section it lists the cartridges as being unfired, however in the findings section it lists
the cartridges as being fired from Officer A’s weapon. It is clear that the two cartridges were correctly
listed as being fired as the CPD Crime Scene Processing Report also provides the same Inventory Number
and lists the cartridges as expended shells. The two (2) fired cartridges are also consistent with the amount
of times that Officer A fired his weapon according to his TRR Report and his recollection of how many
times he fired.

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An ISP report dated 29 Jun 10 indicated that the results of a Gun Shot Residue
(GSR) Collection Kit administered to Witness 3, Witness 6, Witness 9, Witness 5 and
Witness 2 determined that they may not have discharged a firearm with either hand.
An ISP report dated 27 Mar 12 indicated that latent lifts recovered from the
minivan Subject 1 was driving revealed a latent impression suitable for comparison.
Comparison f the latent impression to the fingerprint card marked Subject 1 did not
reveal an identification.

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CONCLUSION AND FINDING:
This investigation found that the use of deadly force by CPD Sergeant 1 was in
compliance with Department policy. According to the Chicago Police Department’s
General Order No. 02-08-03, 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 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.”

Officers A, B, and C were justified in using force likely to cause death or great
bodily harm. Subject 1 and the other occupants of the vehicle had already committed a
forcible felony when they fired at occupants in another vehicle and were attempting to
escape from officers by striking the officers’ vehicle with the minivan. Although the
officers were unaware at the time who in the minivan had fired a weapon, they observed
Subject 1 running while holding a gun and continually pointing the gun at them as he
attempted to flee.

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