Independent Police Review Authority
Log#1037789 / U# 10-24
INVESTIGATION
NUMBER:
Log #1037789/U# 10-24
OFFICER
INVOLVED#1:

“Officer A” (Chicago Police Officer); Male/White; 41 years old;
On-Duty; In Uniform; Year of Appointment – 2003

OFFICER #1’S
INJURIES:

None reported

SUBJECT:

“Subject 1”; Male/Black; 26 years old

SUBJECT’S
INJURIES:

One (1) gunshot wound to the left chest, lodged in the right
ribcage, collapsed lung. Treated at Mount Sinai Hospital.

INITIAL
INCIDENT:

Burglary

DATE/TIME
OF INCIDENT:

05 July 2010, at approximately 0214 hours

LOCATION:

128 N. Leamington Avenue
Beat 1532

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Log#1037789 / U# 10-24
SUMMARY OF INCIDENT:
On 05 July 2010, at approximately 0214 hours, Beat 1533R, Officer B and Officer
C, responded to a noise disturbance on the corner of Washington and Leclaire. Upon
arrival, the officers attempted to disperse a large crowd that was in the area but a large
fight broke out. As Officer B attempted to break up the fight, Officer B heard gunshots
and observed muzzle flashes coming from an object in a black male subject’s, now
known as Subject 1, hands. After the third shot, Subject 1 dropped the object to the
ground but then picked the object back up. Officer B observed that the object Subject 1
picked up was a large black handgun. Subject 1 fled the area. Officer B pursued Subject 1
and called for assistance.
Officers A, D and E arrived on the scene and pursued Subject 1. Officer A
pursued Subject 1 through a vacant lot located at 128 North Leamington Avenue. As
Subject 1 attempted to scale a cyclone fence, Subject 1 pulled a large black handgun from
his waistband and pointed the handgun in the direction of Officer A. Officer A, in fear of
his life, fired one shot at Subject 1 striking him in the upper left shoulder. Subject 1
dropped the handgun to the ground and continued to flee. Officer A continued to pursue
Subject 1. Shortly afterwards, Subject 1 stopped running. Subject 1 got down on the
ground at 140 North Leamington Avenue and was placed into custody. Subsequently,
Subject 1 was transported to Mount Sinai Hospital via ambulance.

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Log#1037789 / U# 10-24
INVESTIGATION:
Detective Conley related to the Roundtable Panel that he responded to Mount
Sinai Hospital. Subject 1 did not make a statement to Detective Conley as he was being
prepped for surgery. Detective Conley stated that a 9mm expended cartridge case was
located in Subject 1’s pocket. A Gun Shot Residue (GSR) test was conducted on Subject
1 at Mount Sinai Hospital.
Officer B related to the Roundtable Panel an account that is consistent with the
Summary of Incident. Officer B did not fire his weapon.
Officer E related to the Roundtable Panel an account that is consistent with the
Summary of Incident. Officer E did not fire his weapon.
Officer D related to the Roundtable Panel an account that is consistent with the
Summary of Incident. Officer D added that as Subject 1 attempted to jump the fence, he
observed Subject 1 trying to reach for his gun. Officer D heard one gunshot but did not
know, nor could he see, who fired the gunshot. Officer D then observed Subject 1 drop a
black handgun to the ground. Subject 1 got over the fence and Officer A continued to
pursue him. Officer D picked up Subject 1’s weapon and continued the pursuit. Officer D
then observed Subject 1 collapsed on the sidewalk. Officer D stated that he unloaded the
weapon, which contained a fully loaded thirty (30) magazine capacity, and held onto the
weapon until he was able to turn it over to the Chicago Police Department’s (CPD) crime
lab. Officer D did not fire his weapon.
Officer A related to the Roundtable Panel an account that is consistent with the
Summary of Incident. Officer A added that as Subject 1 attempted to jump the fence he
got stuck with only one leg over the fence. As Officer A approached Subject 1, he
observed Subject 1 withdraw a handgun from his waistband so he (Officer A) withdrew
his weapon. While Subject 1 was withdrawing his handgun from his waistband, the
handgun pointed at Officer A. Officer A thought that Subject 1 was going to fire his
weapon at him so he fired his weapon once at Subject 1.
Attempts to interview Subject 1 was unsuccessful. Subject 1 invoked his right to
remain silent and decided not to discuss the incident with IPRA.
A canvass was conducted and produced two additional witnesses, Witness 1 and
Witness 2.
In a statement with IPRA dated 05 July 2010, Witness 1 stated that during the
incident she and her boyfriend, Witness 2, were sitting outside on Witness 2’s porch,
XXX North Leamington Avenue. While Witness 1 was sitting on the porch, she observed
a black male subject 1 running on Washington Boulevard. The male subject continued to
run northbound onto Leamington Avenue. Witness 1 recalled that she observed the male
subject with a shotgun in his hand as he ran northbound on Leamington Avenue. As the
male subject ran down Leamington Avenue, a marked squad car drove northbound down
1

Now identified as Subject 1 through CPD Reports.

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Log#1037789 / U# 10-24
Leamington Avenue going in the wrong direction. Leamington Avenue is a one way
street going southbound. The male subject then entered a gangway at 126 North
Leamington Avenue and continued to run westbound out of Witness 1’s sight. The
passenger officer in the squad car got out and ran westbound into the gangway at 126
North Leamington Avenue. The squad car then continued northbound On Leamington
Avenue and then turned westbound onto West End Avenue.
Approximately five to six minutes later, Witness 1 observed the male subject
running eastbound towards her through a vacant lot between 126-130 North Leamington
Avenue. At that time, Witness 1 observed three uniformed officers running behind the
male subject. The male subject attempted to climb over a fence at which time a white
male officer 2 shot the male subject in his back. According to Witness 1, the male subject
did not have the shotgun on his person when the officer fired his weapon. The male
subject continued to climb over the gate and ran north on Leamington Avenue. The male
subject then collapsed on the corner of West End Avenue and Leamington Avenue on the
west side of the street. Officers handcuffed the male subject and called for an ambulance.
Witness 1 stated that the officer was close to the male black subject when he fired
his weapon but she could not give an approximate distance. However, Witness 1 recalled
that the officer was more than three feet away. According to Witness 1, she was
approximately fifty feet away when she witnessed the incident. Witness 1 stated that she
does not know the male subject that was shot and has not seen him in the neighborhood
before the incident.
Attempts to contact and interview Witness 2 via telephone calls and personal
visits were met with negative results.
The Chicago Fire Department (CFD) EMS Incident Report indicates that on
05 July 2010, at 0222 hours, paramedics responded to the scene and observed Subject 1
lying on the sidewalk with a gunshot wound to the top of his left shoulder, midline, no
exit. Subject 1 was agitated, hostile, and combative towards paramedics. Subject 1 was
transported to Mount Sinai Hospital.
Medical Records from Mount Sinai Hospital indicates that 05 July 2010
Subject 1 was brought into the hospital with a gunshot wound. Subject 1 was discharged
on 12 July 2010 and diagnosed with a gunshot wound to the left shoulder, left
hemopneumothorax, and a left pulmonary contusion.

2

Now identified as Officer A through CPD Reports.

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Log#1037789 / U# 10-24
The Crime Scene Processing Report listed that an A.A. Arms Inc., Model
#AP9, 9mm, S/A Pistol, Serial #000446, was recovered from the front driver’s seat of a
white/blue CPD Chevy SUV and was inventoried under number 12062277. Additionally,
a Smith & Wesson, 9 Tactical, 9mm, S/A Pistol, Serial #VJL2382, belonging to Officer
A, was inventoried under number 12062315.
CPD Inventory Sheet Number 12062240 documented that a Win 9mm Luger
spent shell casing was recovered from Subject 1’s right front pants pocket (shorts).
Evidence Technician Photographs and Videotape depicts what appear to be the
location of incident and the recovered evidence.
The related Department Reports, including the Arrest Report, Original Case
Incident Report, and Case Supplementary Report, included an account of the incident
that is consistent with the Summary of Incident. The Case Supplementary Report added
that Subject 1 spoke to detectives briefly about the incident. Subject 1 reportedly told
detectives that he was at a party at Washington and Leclaire with a friend named “[Male
First Name].” Subject 1 admitted to detectives that he had smoked some “pot” but he did
not drink any alcohol. Subject 1 left the party for a short time and then returned. When
Subject 1 returned to the party, someone fired some shots and everyone started running,
including Subject 1. As Subject 1 ran, he observed the police. Subject 1 stated that he
never saw the police chasing him, never heard the police tell him to stop, and never fired
any shots. Detectives asked Subject 1 why he did not run towards the protection of the
police instead of running away from the police but Subject 1 could not provide an
answer. Subject 1 was also unable to provide an answer as to how a fired cartridge case
ended up in his pants pocket. Subject 1 was arrested and charged with Aggravated
Assault/Officer/Fireman and Aggravated Assault – Discharge Firearm.
The Tactical Response Report (TRR) completed by Officer A indicates Subject
1 was an “assailant” who “did not follow verbal direction, fled, posed an imminent threat
of battery, withdrew a firearm, attacked with a weapon, and used force likely to cause
death or great bodily harm.” Officer A used verbal commands and his firearm to subdue
Subject 1. The TRR indicates that Officer A fired one shot from his weapon.
An Officer’s Battery Report (OBR) indicates that Officer A did not sustain any
apparent injuries.
A Report from the Illinois State Police (ISP), Division of Forensic Services,
dated 30 August 2010, documented that a GSR evidence collection kit administered to
Subject 1 was examined. The results indicated that Subject 1 may not have discharged a
firearm with either hand. If Subject 1 did discharge a firearm, then the particles were
removed by activity, were not deposited, or were not detected by procedure.
An ISP Report, dated 10 September 2010, documented that the weapon
recovered on the scene, an A.A. Arms, Model AP9, 9mm Luger semiautomatic pistol,
Serial Number 000446, was examined, found to be in firing condition, and test fired. A

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Log#1037789 / U# 10-24
Winchester 9mm Luger fired cartridge case 3 was examined and determined that it was
fired from the A.A. Arms semiautomatic pistol, Serial #000446, that was recovered on
the scene.
Officer A’s weapon, Smith & Wesson, 9mm Luger semiautomatic pistol, Serial
#VJL2382, was examined, found to be in firing condition, and test fired. A Winchester
9mm Luger +P fired cartridge case 4 was examined and determined that it was fired from
the Smith & Wesson, 9mm Luger semiautomatic pistol, Serial #VJL2382, which belongs
to Officer A.
An ISP Report, dated 21 September 2010, documented that a buccal standard
from Subject 1 was preserved. The report also documented that a wet swab and a dry
swab were taken from a gun 5 which is listed under CPD inventory number 12062277.
An ISP Report, dated 30 November 2010, documented that no human DNA
profile was identified on the wet swab or the dry swab taken from the gun.
In a statement with IPRA dated 14 July 2010, involved Officer A stated that
on the date of the incident he was working Beat 1531R with Officer E. While on patrol,
Officer A monitored zone twelve and heard a call come over the zone about a loud
disturbance followed by a battery in progress. Officer A recalled that almost immediately
following the battery in progress call, there was a report of shots fired and then a “10-1 6 .”
Upon arriving at the location, Officer A observed two male individuals fleeing on
foot. Officer E stopped the marked squad car and parked the car on Washington
Boulevard between north Laramie and north Leamington. Officer A and Officer E then
ordered the two male individuals to stop running and approached them. Officer A and
Officer E patted down both of the male individuals because they believed that they may
have been involved in the shots fired. As Officer A was patting one of the male
individuals down, Officer E yelled to Officer A, “There he is, that’s the guy with the
gun!” Officer A observed a subject, now known as Subject 1, with a striped shirt running
furiously west on Washington Boulevard while holding his left side.
Officer A pursued Subject 1 on foot. As Officer A pursued Subject 1, Officer A
announced his office and ordered Subject 1 to stop and drop the gun but Subject 1 did not
comply. Officer A stated that he believed Subject 1 had a gun on him because he never
once removed his left hand from his side and the way he was running quickly with his
hand completely stretched out at his side, not balled up into a fist, as if he was holding his
pants up. Officer A recalled that he never actually saw Subject 1 with a gun while he was
running. Subject 1 continued to run and then slipped and fell as he ran into a vacant lot.

3

This was the fired cartridge case recovered from Subject 1’s front pants pocket.
This was recovered on the sidewalk at 128 N. Leamington Avenue.
5
According to CPD Crime Scene Report inventory listing, the gun is an A.A. Arms Inc., Model #AP9, 9mm,
S/A Pistol, Serial #000446.
6
Officer needs assistance.
4

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 Independent Police Review Authority
Log#1037789 / U# 10-24
Officer A continued to pursue Subject 1 and then observed him scaling a chain
link fence. Subject 1 got caught on the fence and looked at Officer A. Officer A then
withdrew his weapon as he neared Subject 1’s location. According to Officer A, Subject
1 then pulled out a black handgun from his waistband and pointed the weapon in Officer
A’s direction. Officer A, in fear of his life, then discharged his weapon. Officer A was ten
to fifteen feet away from Subject 1 when he fired his weapon. Subject 1 fell onto the
sidewalk adjacent to the fence. Subject 1 then arose back to his feet and ran northbound
on Leamington Avenue. Officer A stated that he did not know if he had shot Subject 1
when he fired his weapon.
Officer A waited a few moments, until Subject 1 was 20-30 feet from him, and
carefully scaled the fence and began to pursue Subject 1 again. Officer A waited to
pursue Subject 1 again because he did not know if Subject 1 was still armed and he
thought that if he jumped the fence right away and began pursuing him, he (Subject 1)
could have been waiting to shoot him. Officer A recalled that a large tree blocked his
vision and he lost sight of Subject 1 when Subject 1 got up and ran.
According to Officer A, Subject 1 collapsed at 140 North Leamington on the
sidewalk. When Officer A got to Subject 1, he patted him down for weapons and Subject
1 asked Officer A, “Why did you shoot me?” Officer A did not respond to the question.
As Officer A patted down Subject 1, Officer A observed blood around Subject 1’s neck
and summoned for an ambulance. Officer A stated that he did not observe Subject 1 drop
the weapon during the incident.
In a statement to IPRA on 13 July 2010, the involved member Officer E
stated that he was working with Officer A when they received a 10-1 for a shots fired at
the location of 128 N. Leamington. Officer E indicated that they were at the location of
332 N. Latrobe when they received the call, at which time they relocated to the said
location. Officer E indicated that they receive additional information that there was a
male/black armed with a weapon fleeing in the area of Leamington and Washington. The
offender was described as wearing a striped shirt.
Officer E related that he Officer A eventually responded to the location of
Washington and Laramie. Upon their arrival they observed two male/blacks fleeing in
their direction. Officer E exited his vehicle, announced his office, drew his weapon in
fear that the men were armed, and instructed them to get down on the ground. The
male/blacks complied and got down on their knees, and raised both hands in the air.
Officer A began to conduct a protective pat down on the two male/blacks, during which
time Officer E heard over the radio that the actual offender was fleeing in their direction.
At this time, Officer E observed the subject matching the description running
toward Officer A, who had his back turned to the subject. Officer E indicated that the
subject, now know as Subject 1, was running in their general direction and he was
holding his side. Officer E then stated to Officer A, “There he is, the guy with the gun!”
Officer A gave chase and Officer E entered the police vehicle and followed them.
Officer E related that at one point during the chase he observed Officer A and Subject 1

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between a fence and Subject 1 attempted to get over the fence. Officer E then drove to a
nearby alley to make sure Subject 1 could not escape. Officer E then heard gunshots and
went on the radio and reported that heard gunshots.
Officer E ran toward the area where he heard the shots fired with the assumption
that Subject 1 had shot Officer A. When he got to the area he observed that Subject 1
was lying on the ground and had been shot. Officer A immediately called for an
ambulance. Officer E indicated that never fired his weapon or saw the shooting.
In a statement to IPRA on 15 July 2010, the involved member Officer B
stated that on 05 July 2010, he was working with Officer C when they received a call of
loud music at the location of Washington and Leclaire. When they arrived on the scene,
they observed a large group people having a party in a vacant lot. During this time, they
turned on their emergency equipment and to try and disperse the large crowd. A large
fight broke out right in front of their vehicle. Officer B related that he and Officer C
attempted to break up the fight, when he observed someone fire three shots from about
fifteen feet away. Officer B saw three consecutive muzzle flashes. Officer B stated that
the subject was a male/black wearing a striped shirt.
At this time, Officer B called in the shots fired and then began to pursue the
subject on foot. During the foot chase, he observed Officer D in the vicinity of
Washington and Leamington and he gave him a description of the subject that he was
pursuing. Officer D took over the pursuit and Officer B lost of them. Seconds later
Officer B heard a shot fired and he ran to the location and observed the subject he was
originally chasing on the corner of Leamington and West End, just walking. The subject
proceeded to lie down and Officer B handcuffed him. Officer B did not witness the
shooting.
In a statement to IPRA on 16 July 2010, the involved member Officer D
stated that on 05 July 2010 his partner was Officer F and they had received a call of large
crowd, which turned into shots fired. Officer D indicated that they stopped at the
location of Washington and Leamington because they heard someone say words in the
effect of “He’s going westbound on Washington or the shooter is going westbound on
Washington.” Officer D exited his vehicle to get a description of the shooter. During
this time, one of the other officers began yelling to Officer D to stop the subject. Officer
D initially did not know who to stop, until Officer B indicated that the subject had a stripe
shirt.
Officer D then attempted to stop the subject, now known as Subject 1, by yelling,
“Chicago Police, stop.” Subject 1 took of running and Officer D pursued him on foot.
Officer D related that Subject 1 fled in the direction of Washington and Laramie. During
the pursuit, Officer D observed Officers A and E stopping a group of individuals. Officer
D yelled out to the officers that Subject 1 had a gun and Officer A began to pursue him.
Officer D continued to run behind Officer A and Subject 1 when he observed
Subject 1 attempt to get over a fence. According to Officer D, indicated that the fence

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 Independent Police Review Authority
Log#1037789 / U# 10-24
did not have the metal bar over the top and he had his right leg over the fence and his left
leg was still in the vacant lot and that’s when he heard shots fired. Officer D was about
twenty feet away and he observed Subject 1 drop the gun to the ground and he managed
to make over the fence and he fell on the sidewalk. Subject 1 got up and continued
running north on Leamington and Officer A continued to pursue him. Officer D then
picked Subject 1’s gun and unloaded the weapon to render its safety. Officer D then
turned the gun over to the crime lab. Officer D never observed Officer A fire his
weapon.

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 Independent Police Review Authority
Log#1037789 / U# 10-24
CONCLUSION AND FINDING:
This investigation found that the use of deadly force by Officer A was in
compliance with Chicago Police Department policy and Illinois State statutes. 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 was alerted by Officer E that Subject 1 had a weapon. Subject 1
failed to comply with verbal commands to stop running and drop the gun. Witness 1
stated that she did not observe Subject 1 with a weapon when Officer A fired his weapon
and that Subject 1 was shot in his back. However, medical records indicate that Subject 1
was shot in his shoulder. Further, a weapon was recovered on the scene and Witness 1
corroborated department reports by stating that she observed Subject 1 with a weapon
prior to the shooting. Subject 1 refused to cooperate with IPRA to give his account of the
incident. Therefore, based on the totality of the circumstances, Officer A was reasonably
in fear of his life and fired at Subject 1 to prevent death or great bodily harm.

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