INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1037895/ U # 10-26
INVESTIGATION
NUMBER:
Log # 1037895/U # 10-26
INVOLVED
OFFICER:

INVOLVED
OFFICER:

“Officer A” (Chicago Police Officer); Male/Black; 38 years
old; On Duty; Civilian Dress; Year of Appointment – 2003

“Officer B” (Chicago Police Officer); Male/Hispanic; 35 years
old; On Duty; Civilian Dress; Year of Appointment – 2005
(non-shooter)

OFFICER
INJURIES:

Bruises and lacerations to his leg and arm

SUBJECT:

“Subject 1”; Male/Black; 25 years

SUBJECT
INJUIRES:

Multiple gunshot wounds, pronounced on the scene.

INITIAL
INCIDENT:

Street Stop

DATE/TIME
OF INCIDENT:

08 July 2010, 1245 hours

LOCATION:

111 West 75th Street

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Summary of Incident:
On 08 July 2010, at approximately 1245 hours, Chicago Police Officers A and B,
assigned to Beat 662 A in an unmarked black Chevrolet Tahoe, were on patrol driving
eastbound on 75th Street. The officers observed a silver Pontiac Grand Am parked facing
east at the south end of the parking lot of a Popeye’s Chicken located at the corner of 75th
Street and Perry. The officers observed a black male occupant (now identified as Subject
1) in the Grand AM. 1 The officers were familiar with the parking lot because they have
both made arrests there for narcotics and weapon violations. Officer B drove into the
parking lot and stopped the Tahoe facing south in the front of the Grand AM. The
officers exited the Tahoe and approached the driver’s side of the Grand Am. Officer B
was the “business officer” 2 and asked Subject 1 for his identification. Subject 1 handed
Officer B his driver’s license and his mobile telephone. Officer B immediately returned
the mobile telephone to Subject 1. Subject 1 put his vehicle into drive and moved
forward, striking the Tahoe. Officer B reached into the window to the Grand AM in park,
but be became lodged in the window. Subject 1 put his vehicle in reverse and backed up.
Officer B remained stuck in the vehicle as Subject 1 went forward and struck the Tahoe
again. Officer A, who had been standing to Officer B’s right, saw this happening and
yelled for Subject 1 to stop the vehicle. Subject 1 did not comply and Officer A, fearing
for Officer B’s safety fired four round striking Subject 1. Subject 1 was pronounced dead
on the scene. Officer B was taken to Christ Hospital, where he was treated for injuries to
his right arm and leg. Forensic Investigators recovered a Beretta 9mm handgun from
Subject 1’s left front pocket.

1
2

The vehicle was registered to [Car Owner], XXXX S. Ada, Chicago, IL
Makes first approach request license and insurance from driver of the vehicle.

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Investigation:

CPD Detective 1, Unit 620 related to the Roundtable Panel that he interviewed the
witnesses, Witness 1 and Witness 2 on the scene of he incident. Witness 1 informed
CPD Detective 1 that he exited Popeye’s Chicken to return to his vehicle in the parking
lot. Witness 1 saw the Tahoe pull into the parking lot and park in front of the Grand AM.
Police officers exited the Tahoe and approached the Grand Am. Witness 1 heard the
officers say “Stop the car!” The white officer (identified as Officer B) reached into the
Grand Am. The black officer (identified as Officer A) fired his weapon at the driver of
the Grand AM.
Witness 2 informed CPD Detective 1 that he was walking approximately two feet
behind Witness 1. As they approached Witness 1’s vehicle, Witness 2 heard the officers
tell Subject 1 to the stop the vehicle. Witness 2 saw Subject 1 attempt to maneuver the
Grand AM around the Tahoe. Officer B reached into the Grand Am and Officer A fired
his weapon at Subject 1.
In a digitally recorded interview given to IPRA on 17 July 2010, at XXXX S.
Wells # XXX, the witness, Witness 1, related that he was standing approximately 10ft
from the scene, but he was unable to see clearly into the vehicle. Witness 1 related that
he observed a male black, now known as Subject 1 alone in the vehicle. The vehicle
appeared to be backed into a parking space, facing forward. There was a median 3 behind
the vehicle. Subject 1 appeared to be eating. Witness 1 related that as he approached his
vehicle, also parked in the lot, he observed a black SUV pull into the parking lot of the
Popeye’s Chicken. The black SUV block a vehicle that had backed into a parking space
in the parking lot. Two officers, one male black, now know as Officer A and a male white
officer now known as Officer B, exited the SUV. The officers were in plain clothes, had
their badges out, and present. Both officers approached the driver’s side of the vehicle. 4
Officer B, who did not have his weapon drawn, approached the vehicle, whose windows
were rolled down. The driver attempted to place the vehicle into gear. Officer B stated,
“Sir, please put your car back in gear.” Witness 1 observed that Subject 1 had his left

3
4

A medium is barrier at the front of a parking space.
Witness 1 related that the officers did not announce their office as they approached the vehicle.

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hand 5 on the steering wheel. Officer B reached inside the vehicle and placed the vehicle
in gear. Suddenly, Officer A, who was standing on the driver’s side, stepped back, drew
his weapon and discharged his weapon four times into the vehicle. Officer A got on the
radio and requested assistance. Moments later, additional officers arrived on the scene.
Officer A informed an officer that the Grand AM had struck him. However, Witness 1
related that at no time did he observe the Grand AM move forward. The officers did not
appear to be in danger of being struck by the Grand AM.
In a digitally recorded interview given to IPRA on 10 September 2010, at XXXX
S. Seeley, the witness, Witness 2 related that during the incident he was standing
approximately 15 to 20 ft from the scene. The officers a male black (Officer A) and male
white (Officer B) were in a small black SUV. The officers pulled the vehicle into the
parking lot and blocked the front of Grand AM. The officers stopped and exited their
vehicle. The officers clearly had identifiers on their clothing. The officers had their
badges around their necks and the words “POLICE” on the back of their vest. Witness 2
heard the officers identify themselves several times. The officers approached the gray
Pontiac Grand AM. The Grand Am began to move forward, but it did not strike Officer B
or the police vehicle. Officer B ran in front of the Grand AM to the passenger side of the
vehicle, turned, and ran in front of the Grand Am to the driver’s side of the vehicle, and
yelled, “Stop the car, stop the car, turn it off!” At no time did Witness 2 hear Officer B
state, “Sir, could you put your car in gear.” As Officer B approached the vehicle on each
side, he attempted to reach inside the vehicle and turn the vehicle off or grab the
gearshift.

The driver of the Grand Am began moving forward, and attempted to

maneuver around the police vehicle, but was unable to move pass the vehicle. Witness 2
related that as Officer B reached inside the vehicle, the male black, Officer A, who was
standing on the driver’s side approximately two feet behind Officer B at an angle,
removed his weapon pointed the weapon at the vehicle and discharged four times.
Officer B reached into the vehicle and turned off the engine. When the shooting was over
and additional, officers arrived on the scene, Witness 2 overheard Officer A inform a
“commander” that Subject 1’s vehicle struck Officer B. Witness 2 again stated that the
vehicle did not strike Officer B.
5

Witness 1 related that he was only able to Subject 1’s left hand through the window.

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CPD Detective 2, Unit 620, related to the Roundtable Panel that she interview the
witness, Witness 3, who runs a day care center at XXXX S. Perry. Witness 3 informed
CPD Detective 2 that she walked across the street to retrieve some items from her
vehicle. As she did, Witness 3 saw the Grand Am parked in the Popeye’s parking lot.
After retrieving the items from her vehicle and going back to the front yard of XXXX S.
Perry, Witness 3 saw the Tahoe enter the parking lot. Two officers approached the silver
vehicle. The driver’s side window was down and Witness 3 heard the officers talk with
Subject 1 but could not hear what was said. Subject 1 handed something to the officers.
Witness 3 assumed that it was a driver’s license. Subject 1 then put the Grand AM in
gear and drove forward and backward. The Hispanic officer (identified as Officer B)
reached through the open window. Witness 3 thought he did this to get the keys. Subject
1 continued moving the vehicle forward and backward. Witness 3 turned away from the
vehicle and heard a gunshot. Witness 3 looked back at the Grand AM and saw the black
officer (identified as Officer A) fire his weapon.
In an digitally recorded interview given to IPRA on 09 July 2010 at 1245 hours, at
XXXX S. Perry, the witness, Witness 3 related that she exited her residence to go to her
vehicle which was parked on the west side of Perry and adjacent to the Popeye’s parking
lot. Witness 3 observed a gray vehicle, Pontiac Grand AM, parked in the Popeye’s
parking lot. As she was walking back to her residence, Witness 3 noticed a black tinted
police SUV truck pulled up in front of the Grand Am. Two plain clothed officers, one
black and one Hispanic, exited the SUV and walked around to the driver’s side of the
Grand AM. The driver of the Grand AM appeared to provide the officers with his
identification. The driver began to move his vehicle forward trying to maneuver past the
officer’s vehicle. Witness 3 heard the officers tell the driver to the put the vehicle in
park. The Hispanic officer (Officer B) reached his arm inside the vehicle to place the
vehicle in park. Officer B had his hand position inside the vehicle as to place the vehicle
in park. The driver (Subject 1) pulled forward slowly and then went backwards. As the
vehicle moved forward the second time at a very slow speed, possibly five mile per hour,
Officer B stepped backward a foot and stood completely outside the vehicle. Both
officers were standing on the driver’s side of the vehicle. The black officer (Officer A)

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was standing approximately one foot from the vehicle proceeded to shoot the driver four
times.
Witness 3 related that there was no commotion and that Officer B and Subject 1
were not fighting as Officer B attempted place the vehicle in park. As Officer B pulled
himself back and out of the window, Officer A fired his weapon. The Hispanic officer
(Officer B) was standing on the driver’s side of the vehicle and did not appear to have
been dragged.
Officer B related to the Roundtable Panel that he and Officer A were on routine
patrol driving east on 75th street. As they approached the Popeye’s parking lot, they
observed the Grand Am parked at the south end of the lot with an individual (now
identified as Subject 1) in the driver’s seat. Officers A and B had both previously made
arrests in that same parking lot. Officer B drove into the parking lot and stopped the
Tahoe in front of the Grand AM. Officer B exited the Tahoe and walked around the back
of the Tahoe to the driver’s side of the Grand Am. Officer B announced his office and
attempted to conduct a field interview with Subject 1. Officer B asked Subject 1 for his
driver’s license. Subject 1 gave Officer B a state ID card and mobile telephone. Officer B
returned the mobile telephone to Subject 1. Subject 1 put the Grand AM in drive and
drove forward, turning the wheel as he did which caused the Grand Am to strike Officer
B. Officer B reached into the window to stop Subject 1 from driving further. The driver’s
side window was not fully open and Officer B became struck in the opening. Subject 1
reversed the Grand AM and drove forward again with Officer B still stuck in the window.
Officer B repeatedly instructed Subject 1 to turn off the vehicle and stop but Subject 1 did
not comply. Officer B was unsure whether Officer A, who was standing to Officer B’s
right, gave any orders because he was focused on giving his own commands. Officer B
heard gunshots. The Grand Am struck the Tahoe and Officer B was able to get out of the
window. Officer B saw that Subject 1 was injured. Officer A used his radio to report
shots fired and asked for an ambulance. Officer B saw a large bundle of US currency in
the cup holder in the Grand AM’s center console. Officer B was transported to Christ
Hospital where he was treated for bruises and lacerations to his leg and arm.
In a formal Question and Answer typed interview given at IPRA on 28 July 2010,
Officer B related an account consistent with facts given at the Roundtable Panel. Officer

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B related that when he and Officer A initially observed Subject 1, he was sitting alone
leaning back in his vehicle. Officer B drove the police SUV in front of the Grand Am in
an attempt to stop the vehicle from leaving the area. Officer B and Officer A exited their
vehicle. Officer B walked to the back of the vehicle to check for passengers. The vehicle
was running. He then walked to the front of the vehicle to the driver’s side along side
Officer A, who was to the right of him.
Officer B asked Subject 1 for his license and insurance. Subject 1 gave Officer B
his state ID. He then handed Officer B his mobile telephone. Officer B returned the
mobile telephone. Officer B placed the ID on top of the Subject 1 vehicle. Suddenly,
Subject 1 placed the vehicle in drive and turned the vehicle to the left striking Officer B
on the right leg. Officer B stumbled in a backward motion, but did not fall to the ground.
Officer yelled for Subject 1 to “turn off the car, turn off the car, and stop turn off the
car!” Officer placed his hands inside he vehicle in an attempt to stop Subject 1 from
turning the steering wheel to the left. Officer B grabbed hold of the steering wheel and
yelled for Subject 1 to stop the vehicle. Officer B became lodged inside the vehicle. As
the vehicle moved Officer B’s feet were off the ground. The vehicle moved forward and
backward. Suddenly, Officer B heard several gunshots and pushed himself off the
vehicle.
Officer B managed to turn the engine off and get himself off the vehicle. Officer
B learned later that Subject 1 had a weapon on his person.
Officer A related to the Roundtable Panel that he and Officer B were eastbound
on 75th Street and observed a suspicious vehicle (the Grand Am) in the Popeye’s parking
lot. Officer B drove into the lot and parked in front of the Grand Am. Officer A exited the
Tahoe and walked to the driver’s side door of the Grand Am. Officer A was working in
plainclothes, but his star was clearly visible. Officer B also went to that area and stood to
Officer A’s left. Officer A asked for Subject 1’s identification, but Subject 1 failed to
comply. Officer A asked if Subject 1 had any business in the parking lot. Subject 1
related that he was waiting for someone. Officer A again asked for Subject 1’s
identification, but Subject 1 just stared at Officer A. Subject 1 then put his vehicle into
gear and drove forward, coming close to the Tahoe but not striking it. The officers told
Subject 1 to stop the vehicle and put it in park. Officer B reached into the vehicle to stop

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it nut became lodged in the partially open window. Officer B was standing near the side
mirror and reached into the vehicle to put his hand on the gearshift lever. While Officer B
was inside the window, Subject 1 put the vehicle in reverse and then drove forward again,
striking the Tahoe. Officer A repeatedly gave commands to Subject 1 to stop the vehicle
and put it in park, but Subject 1 ignored him. Officer A fired his weapon at Subject 1 four
times to prevent him from driving away with Officer B lodged in the window. Officer A
was standing by the front driver’s side door handle approximately one to two feet from
the vehicle when he fired. Either Subject 1 or Officer B put the vehicle in park and
Officer B was able to free himself. Officer A reported the shots fired and requested
assistance and an ambulance.
In a digitally recorded statement given to IPRA on 02 August 2010, Officer A
related that on the date of the incident he and his partner Officer B observed a vehicle
sitting adjacent to a parking lot in a known high narcotic area. The driver of the vehicle
appeared to be sitting in the vehicle with his head down. Officer B who was the driver,
pulled approximately one to tow feet in front of the vehicle. 6 Officer A and Officer B
exited their vehicle and approached the driver’s side of Subject 1’s vehicle. As Officer A
approached the vehicle, he was watching Subject 1, trying to observe any suspicious
movement Subject 1 may make. Officer B then stood to the left of Officer A, by the out
side driver’s side mirror. Officer A, who was standing to the right of Officer B by the
door handle, asked the driver, now known as Subject 1, if he had business in the lot.
Subject 1 kept his head down and informed the officers that he was waiting for someone.
Officer A related that the reason why both he and Officer B stood on the driver’s side
was that he only saw one person inside the vehicle. Officer A observed an undetermined
amount of US currency in the cup holder in the middle console. Officer A requested a
driver’s license from Subject 1. Subject 1 took a deep breath, and then he put the vehicle
in drive. The vehicle moved forward once and to the left toward Officer B and Officer A.
Officer A was standing a foot from the vehicle as it moved, but Officer B instructed
Subject 1 to stop the vehicle and reached inside the vehicle, placing his upper body inside
the vehicle and his feet off the ground, in an attempt to place the vehicle in park and
simultaneously instructed Subject 1 to stop the vehicle. The vehicle moved forward
6

The officer placed his vehicle in a “T” position in front of Subject 1’s vehicle.

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striking Officer B on the leg. The vehicle then moved backwards. Officer A did not
verbally forewarn Officer B that he was going to discharge his weapon. Officer A fearing
for his partner’s safety, of possibly being dragged or ran over, Officer A fired his weapon
four times in succession striking Subject 1. Officer A stopped firing once the vehicle
stopped and the threat was eliminated and Officer B managed to clear the vehicle. Officer
A was standing approximately two feet from the vehicle when he discharged his weapon.
CPD Detective 3, related to the Roundtable Panel that she responded to Medical
Examiner’s office and observed several gunshot wounds to Subject 1’s body. There were
through-and –through wounds to the right and left forearms and to the upper part of the
right and left arms. The bullets from the wounds to the upper arms both appeared to enter
the chest area.
Chicago Fire Department EMS records reflect medical personnel responded to
the location and incident. EMT personnel found Subject 1 unresponsive and he sustained
several gunshot wounds.
OEMC transmissions reflect that a female caller reported hearing gunshots in the
area of 75th Street and Perry Ave. Bt 622 reports shots fired in the area of 76th and State.
Bt 622 requests supervisors and an ambulance to the area.
Evidence Technicians photographs depict images of the location of incident, the
silver Grand AM vehicle associated with Subject 1, the police vehicle associated with
Officer A and Officer B.
Additional photographs of Officer B were taken at Christ Hospital and depict
images of the injuries Officer B sustained from the incident.
Surveillance video obtained from Popeye’s Chicken, 111 W 75th Street does not
depict images of the incident.
Postmortem report of Subject 1, completed and submitted by the medical
Examiner of Cook County dated 09 July 2010 reflects wound one (1) a gunshot wound to
the back. The entrance of the wound is located over the left scapula. The exit of the
wound is at the right of the torso. The direction gunshot wound is back to front, left to
right and downward.
The second gunshot (2) wound is to the left arm. The direction of the gunshot
wound is left to right, back to front and slightly downward.

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Log # 1037895/ U # 10-26

The third gunshot (3) wound is to the left wrist. The direction of the gunshot
wound is basically from the dorsal aspect of the left wrist to the ventral aspect of the left
wrist.
The fourth gunshot (4) wound is to the right forearm. There is a laceration of
muscle and possibly tendon. No bones were fractured.
The fifth gunshot (5) wound is to the back. The direction of the gunshot wound is
basically back to front horizontal, and with very little left to right and right to left
direction.
Anatomic summary reflects lacerations of the skin, subcutaneous tissue, muscle,
pleura, lung and aorta. Bilateral hemothorax, external blood loss and fractures to the left
humerus, left lunar bone, left scapula, left rib, and thoracic vertebrae.
Medical Examiner’s photographs depict the body of Subject 1 and images of the
wounds sustained.
General Case report and Supplemental reports completed and submitted
reflect that Officer A and Officer B were conducting street stop in the parking lot at 111
W 75th Street. The officers encounter Subject 1 who was sitting a parked a grey Grand
Am. The officers approached the vehicle and attempted to conduct a field interview, at
that point, Subject 1 attempted to drive away and flee the area. Officer B entered the
vehicle through the driver’s side window in an attempt to stop Subject 1 from leaving the
area, but became lodge in the window. Subject 1 refused to comply with verbal
commands from both officers to stop the vehicle. Officer A in fear of his partner’s life
discharged his weapon at Subject 1 striking him.
A Chicago Police vehicle, unmarked black SUV facing southbound in the parking
lot was positioned in front of a grey Pontiac Grand Am which was facing eastbound in
parking lot. The Chicago Police vehicle sustained damage at right rear quarter panel
adjacent to the wheel well.

Officer A reported that he was working Beat 662A with Officer B. While
traveling on 75th Street, he observed a vehicle parked in secluded part of the Popeye’s
parking lot. The officers approached the vehicle to conduct a field interview and asked

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the occupant, Subject 1, sitting in the driver’s seat for his driver license. As Subject 1
handed his driver’s license to Officer B, he reached for the gearshift located between the
driver and the passenger’s seat, and placed the vehicle in reverse. Officer B entered the
vehicle through the driver’s side window and attempted to the driver from fleeing.
Officer B was partially in the vehicle and hung on to the steering wheel as he ordered
Subject 1 to the stop the vehicle. Subject 1 shifted the vehicle forward striking the
officer’s vehicle and again shifted the vehicle into reverse. Officer A, in fear of his
partner’s safety and imminent threat of death from these actions, fired his weapon four
times at Subject 1.
Officer B reported that while on patrol he and his partner, Officer A observed a
Grand Am backed into a parking space on the west side of the parking lot away from
other vehicles. The officers watched the vehicle for sometime and noticed that the driver
never exited the vehicle or enter the restaurant.
The officers decided to approach the vehicle and parked in front of the Grand Am.
The officers exited their vehicle and approached the driver’s side of the Grand Am,
which was running at the time. Officer B noticed an unknown amount of loose currency
on the center console. Officer B requested Subject 1’s driver’s license and insurance card.
Subject 1 gave Officer B his driver’s license and mobile phone. Officer B returned the
mobile phone. Subject 1 placed the vehicle in drive and struck the passenger’s side of
officer’s police vehicle.
Subject 1 ignored verbal commands given to him by Officer B to stop the vehicle.
The Grand Am pulled forward and Officer B was knocked off balance, but did not fall to
the ground. Officer B held onto the vehicle in order to avoid from being run over. Subject
1 put the vehicle in reverse and Officer B was able to position himself to hold on to
something inside the vehicle.
Officer B continued to give commands to Subject 1, which was ignored. The
vehicle went backwards and then Subject 1 placed the vehicle in drive and the vehicle
moved forward. Officer B attempted to remove himself from the window, but he was
stuck in between the frame of the door and window. Suddenly, Officer B heard gunshots
from his right side.

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The vehicle came to a stop and Officer B did not observed movement from
Subject 1. Officer A radioed for assistance and the officers secured the area.
The witness, Witness 3 related to detectives that she left her residence to retrieve
an item from her vehicle which was parked across the street at 7508 S. Perry. She
observed a silver vehicle in the parking lot of Popeye’s Chicken. As she retuned from her
vehicle Witness 3 observed a black police vehicle pull up to the silver vehicle and
observed one black male and one Hispanic male officer exit the truck.
The officers approached the silver vehicle on the driver’s side. The Hispanic
officer was at the window and male black officer stood behind him. The window of the
silver vehicle was rolled down and she observed the driver of the silver vehicle hand the
officers what she believed to be a driver’s license. Seconds later, the driver of the silver
vehicle put the vehicle into drive, and attempted to go around the police vehicle. The
driver put the vehicle in reverse and the Hispanic officer reached into the vehicle and
attempted to place the vehicle in park or to remove the keys. The driver of the silver
vehicle drove forward with the Hispanic officer handing inside. The Hispanic male
officer removed himself from the vehicle and Witness 3 looked away. Suddenly she
heard one gunshot. She turned attention back to the vehicle and observed the black male
officer fire three additional gunshots into the vehicle.
The witness, Witness 2 related to detectives that he and a friend Witness 1 were
exiting Popeye’s Chicken and walking toward Witness 1’s vehicle. Witness 2 stated that
he was the passenger side of Witness 1’s vehicle when he the police yelling, “Cut it off,
put it in park, and get out of the car” at an unknown black male sitting in a vehicle. The
unknown black male inside the vehicle tried to pull off and the white officer tried to stop
him by reaching into the vehicle and putting the vehicle in park. The black male officer
stepped back and fired his weapon into the vehicle four or five times.
The witness, Witness 1 related to detectives that he and his friend Witness 2 were
exiting Popeye’s Chicken after making a purchase. Witness 1 was standing his vehicle
when he noticed a black truck pull in the front of another vehicle. Officers exited the
black vehicle and told the driver of the second vehicle to put the vehicle in park. The
driver of the vehicle, attempted to place the vehicle in gear. The white officer reached

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into the vehicle on the driver’s side and tried to put the vehicle in gear. The male black
officer stepped back, and fired into the vehicle.
Tactical Response Report submitted and completed by Officer A, reflects that
Subject 1’s actions towards the officers placed them in fear of acts likely to cause bodily
harm. Officer A responded to this by firing (4) times striking and killing Subject 1.
Crime Screen Processing report reflects that Forensic Investigator A and
Evidence Technician A, Unit 377 recovered and inventoried four (4) expended shell
casing, and one (1) fired bullet from the scene.
Forensic Investigator A also recovered Officer A’s Smith and Wesson 9 Tactical
Handgun Model 5943T; 9MM. Forensic Investigator A also recovered and inventoried
from the left pocket of Subject 1 a Pietro Bereatta Model 92F; 9MM.
Illinois State Police (ISP) test reflects that the weapon associated with Subject 1;
a Smith and Wesson 9Mm Beretta was examined and found to be in good firing
condition. The weapon displayed rifling characteristics of six lands and grooves with a
right hand twist. Technicians test fired the weapon and compared the shots to the IBIS
database; however, no identification was made.
Illinois State Police (ISP) test reflects that the weapon associated with Officer A;
a Smith and Wesson 9MM Lunger; semi-automatic was examined and found to be in
good firing condition. The weapon displays rifling characteristics of five land and
grooves with a right hand twist.
Civil Suit, # 10 L 8268 filed on 20 July 10 by the Special Administrator A for the
Estate of Subject 1, reports that Officer A, acting within the scope of his employment by
the City of Chicago utilized unjustifiable force against Subject 1. Officer A shot Subject
1, multiple times with a firearm without lawful cause or justification.
The suit further alleged that Officer B was aware of the imminent use of
unjustified deadly force and had a realistic opportunity to intervene and prevent such
conduct; however, Officer B deliberately or recklessly failed to act for the protection of
Subject 1.
In a deposition taken on 17 November 2011, Officer B during questioning
provided essentially the same account of events as told to IPRA and Chicago Police
Administration. Officer B also related that once he and Officer A exited their vehicle and

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began to approach the occupied by Subject 1, Officer B observed that the vehicle was on
and the driver’s side was partially down. As Officer B approached the window, Subject 1
looked at him. Officer B announced his office, displayed his identification and asked
Subject 1 for his license. Officer B related that he wanted to conduct a field interview,
because he did not know Subject 1’s purpose of sitting in the parking lot. Subject 1 gave
Officer B his identification card and handed the officer a mobile telephone. Officer B
returned the mobile telephone to Subject 1. Subject 1 then tossed the mobile telephone
onto the dashboard of the vehicle. Suddenly, Subject 1 took a deep breath, turned the
wheel with his left hand and simultaneously placed the vehicle in gear with his right. As
Subject 1 began to turn the vehicle to left, Officer B placed his upper body inside the
vehicle with intent to place the vehicle back in the park position. However, the vehicle
moved forward and to the left, striking Officer B. Officer B related that he where is feet
were, but he related that he did not feel the ground under his feet. Officer B related that
he was unable to recall if he moved back once the vehicle struck him. Officer B related
that he attempted to get himself out of the vehicle, the vehicle continued to move forward
and in reverse. Officer B related that as the vehicle moved forward he heard the gunshots.
Officer B related that he had no indication that Officer A had his weapon drawn.
Officer A did not announce his intention to fire. Officer B was unable to recall the
number of shots he heard. Once the firing stopped and the vehicle stopped moving,
Officer B was able to get out of the vehicle.
In a deposition taken on 18 November 2011, Officer A during questioning
provided essentially the same account of events as told to IPRA and Chicago Police
Administration Officer A also related that the purpose of entering the parking lot of
Popeye’s Chicken was to conduct a Terry stop. Due to the position of Subject 1’s vehicle
in the lot, Officer A wanted to ensure that Subject 1 was not observing the establishment
for a future robbery. Officer A also wanted to ascertain if Subject 1 was conducting drug
transactions in the parking lot.
Officer A also related that at the time of the incident he did not announce his
intention to discharge his weapon. When Officer A discharged his weapon, he was
attempting to stop Subject 1 from dragging Officer B, who was stuck in the window of
the vehicle.

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On 12 August 2010, the case was transferred to the Federal Court under docket#
10 CV05076. On 02 November 2012, the jury returned a verdict in favor of the plaintiff
and against the City of Chicago. Compensatory damages were awarded in favor of the
plaintiff in the amount of $4,573,700.00, and punitive damages were awarded against
individual defendants Officers A and B in the amount of $10,000.00 each. As of 10
January 2013, the City of Chicago disputed the judgment.

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 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1037895/ U # 10-26
Conclusion:
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, Section II, 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.

The witnesses, Witness 3, Witness 2 and Witness 1 provided inconsistent
accounts of the incident to Detectives of Chicago Police Department and Investigators of
the Independent Police Review Authority.
Witness 3 first stated to Chicago Police Department and IPRA personnel that she
observed Subject 1 place his vehicle in gear and drive the vehicle forward and then
backward. Officer B reached inside the vehicle as the vehicle continued to move forward
and backward. Witness 3 turned her attention for from the vehicle and heard one gunshot,
she then turned her attention back to the Grand AM and observed Officer A discharge his
weapon several additional times.

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 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1037895/ U # 10-26
Witness 3 stated to Chicago Police Department personnel that when she observed
the Grand AM moving forward and backward, Officer B’s body was somewhat inside the
vehicle.
Witness 3 stated to IPRA that as the vehicle driven by Subject 1 moved forward
and backward, Officer B steeped back from the vehicle and stood completely outside the
vehicle. Officer A stood approximately one foot from the vehicle and discharged his
weapon four times at Subject 1.
The witness, Witness 1 stated that he heard Officer B instruct Subject 1 to place
his vehicle in gear. Witness 1 stated that at no time did the vehicle driven by Subject 1
move in any direction and the officers were in danger of being struck. Witness 1 stated
that after the shooting Officer A got on the radio and requested assistance. Upon the
arrival of additional officers, Officer A reported that the vehicle struck him. Department
records and statements from the officers indicate the vehicle struck Officer B.
The witness, Witness 2 stated that he observed Subject 1 attempt to maneuver his
vehicle around the officer’s SUV, but the vehicle did not strike the officer or the police
vehicle. Witness 2 and Witness 1 were standing next to each other at the time of incident.
Officer A’s action complied with Chicago Police Department policy on the use
of deadly force. Officer A followed the guidelines of General Order 03-02-02, II Section
B. 7 Officer A and Officer B attempted to conduct a vehicle stop to investigate the actions
of Subject 1. Officer B approached the vehicle and requested Subject 1’s identification.
Subject 1 gave Officer B a state ID card and mobile telephone. Officer B returned the
mobile telephone to Subject 1. Subject 1 put the Grand AM in drive and drove forward,
turning the wheel as he did which caused the Grand Am to strike Officer B. Officer B
reached into the window to stop Subject 1 from driving further. The driver’s side window
was not fully open and Officer B became struck in the opening. Subject 1 reversed the
Grand AM and drove forward again with Officer B still stuck in the window. Officer B
unable to remove himself from the vehicle, repeatedly instructed Subject 1 to turn off the
vehicle and stop but Subject 1 did not comply. Officer A gave verbal commands to
Subject 1 to stop the vehicle, but he refused. In fear for the safety of Officer B possibly
7

General Order 03-2-03 Deadly force; Firing into a moving vehicle is only authorized to prevent death or
great bodily harm to the sworn member or another person. When confronted with an oncoming vehicle and
that vehicle is the only force used against them, sworn members will move out of the vehicle’s path.

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 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1037895/ U # 10-26
being struck a second time by the vehicle, Officer A discharged his weapon at the striking
Subject 1.

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