Independent Police Review Authority
Log #1039919/U #10-34
INVESTIGATION
NUMBER:
Log # 1039919 / U #10-34

OFFICER #1
INVOLVED:

OFFICER #2
INVOLVED:

“Officer A” (Chicago Police Officer); Female/Hispanic; 40 years
old; On-duty; In Uniform; Year of Appointment – 2006

“Officer B” (Chicago Police Officer); Male/Hispanic; 32 years
old; On-duty; In Uniform; Year of Appointment – 2006

OFFICER #2
INJURIES:

Perforated Eardrum

SUBJECT:

“Subject 1”; Male/Black; 19 years old

SUBJECT’S
INJURIES:

Multiple gunshot wounds (FATAL).

INITIAL
INCIDENT:

A man on a CTA train was reported to be in possession of a gun.

DATE/TIME/
LOCATION:

18 Sep 10, 0150 hours
CTA Train – 220 W. Garfield Blvd. Beat 934

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SUMMARY OF INCIDENT:
On 18 September 2010 at approximately 0146 hours, Officer A and Officer B,
assigned to Beat 934R, responded to a call of a man with a gun on the CTA train at 220
W. Garfield Blvd. The officers walked onto the train platform and were told by the
conductor that the subject was a male black wearing a blue windbreaker with the word
“Lifted” on the back. The officers searched the train cars until they observed a subject
who matched the description given to them. Officer A and Officer B approached the
subject, later identified as Subject 1, who was standing against the west door of the train,
talking on a cell phone. Subject 1 turned away from the officers and Officer B attempted
to grab his arm. Subject 1 pulled away and began to reach toward the waistband of his
pants. Officer B reached around Subject 1 in an attempt to grab what he was reaching for.
Officer A observed Subject 1 remove a semi-automatic weapon from his jacket and point
it at her. Officer B drew his weapon and yelled for Subject 1 to drop the gun and he
refused. Officer B, fearing for his life and his partner’s life, fired his weapon, striking
Subject 1. Subject 1 continued pointing his gun at Officer A. She then fired her weapon,
also striking Subject 1. Subject 1 fell to the floor of the train car and his weapon fell to
the floor as well. Subject 1 was transported to Stroger Hospital where he was
pronounced dead. 1

1

The information for the Summary of Incident was obtained from the Chicago Police Department’s Case
Supplementary Report. At the time of this incident, the Roundtable Panel was no longer being conducted
and the IPRA had not yet implemented the post-shooting report that is completed after a police involved
shooting. The post shooting report was implemented in August 2011.

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Log #1039919/U #10-34
INVESTIGATION:
The OEMC transmissions reveal that beginning at 0138 hours, several people
called 911 to report that they Witness 2 gunshots on the red line CTA train at Garfield
Blvd. One caller reported that the police had shot a boy and “he was slowly dying.”
Another caller reported that the police had shot a boy and “he was dying in handcuffs.” A
female caller stated to 911, “I’m tired of the police killing motherfuckers!”
The Tactical Response Reports completed by Officer A and Officer B contained
information that Subject 1 “did not follow verbal direction,” “pulled away,” “was an
imminent threat of battery,” and that he had a weapon. Officer A and Officer B fired
several rounds from their weapons at Subject 1 from a distance of between one and five
feet away.
The Officer’s Battery Reports completed by Officer A and Officer B contain
information that Subject 1 verbally threatened them and brandished a handgun.
The medical record documents that on 18 September 2010, at 0220 hours,
Subject 1 was received in the Emergency Room at John Stroger Hospital via ambulance.
A diagram in the report documents that Subject 1 sustained three gunshot wounds to the
left side of his back, one gunshot wound to his left upper arm, and one gunshot wound to
his front left thigh. Subject 1 was pronounced by the trauma team at 0231 hours.
Evidence Technician photographs and post-mortem photographs depict
pictures of the scene, the CTA platform, a pool of blood on the floor of the train car, a
cell phone and battery, other recovered evidence, and Subject 1’s body and Subject 1’s
weapon.
A Postmortem Examination was performed on Subject 1 on 19 September 2010
by Doctor A. The examination revealed that Subject 1 sustained a total of five gunshot
wounds. These wounds included gunshot wounds to the abdomen and left arm; two
gunshot wounds to the left lower back; and a gunshot wound to the left thigh. Bullets or
bullet fragments were recovered from Subject 1’s left arm, right abdomen, right lower
chest, and from his left lower back. Subject 1’s death was caused by multiple gunshot
wounds.
A Case Supplementary Report contains information that on 18 September 2010,
CPD Detective 1 was assigned to an investigation of “Shots Fired by the Police at the
CTA station for the Red Line at Garfield Boulevard. CPD Detective 1 spoke with CPD
Captain 1 of the 009th District who related that Officer A and Officer B, assigned to Beat
934R, responded to a call of “Man With a Gun.” A description of the offender and his
location was given by the conductor of the train. Officer A and Officer B searched the
cars on the train and located a subject who matched the description given to them. The
subject was talking on the phone. As the officers approached, the subject turned away
from them. Officer B attempted to grab the subject’s arm, but the subject pulled away
and began to reach toward the waistband of his pants. Officer B reached around the

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subject in an attempt to grab what he was reaching for. Officer A saw that the subject
was removing a semi-automatic weapon from under his jacket. Officer A reached for the
weapon and she and Officer B yelled for the subject to drop the weapon. The subject
then pointed the weapon at Officer A. Officer B drew his weapon from its holster as he
and Officer A continued to yell for the subject to drop his weapon. The subject refused
and continued to point his weapon at Officer A. Fearing for his life and his partner’s life,
Officer B fired his weapon at the subject, striking him. Officer A also fired her weapon,
striking the subject. The subject then fell to the floor of the train car. CFD was called and
the subject was transported to Stroger Hospital.
CPD Detective 1 interviewed Officer A and Officer B who related the same
account of the incident as already outlined in the “Summary of Incident” section of this
report as well as the Case Supplementary Report. Additionally, Officer A and Officer B
reported that they each fired three shots at the subject.
CPD Detective 1 interviewed train conductor, CTA Train Conductor, who
related that he pulled into a stop at 47th Street and a passenger, who was exiting the train,
told him that there was a man on the train with a gun. The passenger said the man was
wearing a jacket with the word “Lifted” on the back. CTA Train Conductor headed
toward the Garfield Boulevard stop and called CTA control. CTA Train Conductor was
instructed to wait at the station. A few minutes later, police officers arrived and CTA
Train Conductor directed them to go north on the platform. Approximately one minute
later, CTA Train Conductor Witness 2 a series of shots and saw people running from the
train onto the street.
CTA Supervisor was also interviewed. She related that she was on the same
railcar as Subject 1 and was present when the incident occurred. Subject 1 was seated
next to another unknown male on the train who was asleep. The unknown male woke
and grabbed Subject 1 by his collar. Subject 1 got up, pulled out a silver or gray handgun
from his waistband and told him, “I don’t fuck with you like that!” Subject 1 walked to
the back of the car and called someone on his cell phone. Subject 1 remained standing as
the train approached the Garfield stop. The train conductor walked through the train car,
then back to the front and announced that the train was waiting for the arrival of the
police. A female approached Subject 1 and told him that he should get off the train.
Subject 1 exited the train, but re-entered. A male and female uniformed officer entered
the train and grabbed Subject 1’s hands. CTA Supervisor got up to exit the train and then
Witness 2 several shots. CTA Supervisor looked back and saw the female officer
pointing her gun in Subject 1’s direction. CTA Supervisor walked south on the platform
and saw a gun on the floor of the railcar and Subject 1 lying face down on the floor. The
male officer handcuffed Subject 1.
Witness 2 contacted the Detective Division and was interviewed by CPD
Detective 2. Witness 2 related that he was on the same railcar as Subject 1. When the
conductor announced that the train would wait at the Garfield Station for the police to
arrive, Subject 1 began pacing back and forth. Subject 1 got off the train and then reentered when another passenger pulled the emergency lever. A male officer got on the

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train and approached Subject 1 who was talking on his cell phone. The officer turned
Subject 1 around and looked at the back of his jacket and then took his cell phone and
hung it up. Subject 1 then struggled with the officer and a female officer attempting to
assist with subduing Subject 1. Subject 1 said, “Fuck this shit” and pulled out a semiautomatic handgun from his waistband. Witness 2 saw the female officer fire her weapon
and then handcuff Subject 1.
The Detectives’ attempts to interview Witness 3, Witness 4, and Witness 5, who
reported to the media that they witnessed the incident, were unsuccessful.
Witnesses Witness 6 and Witness 7 said they were on the train and Witness 2
gunshots, but did not witness the actual shooting.
Witnesses Witness 8 and Witness 9 refused to be interviewed by the Independent
Police Review Authority.
In an interview with the IPRA, CTA Train Conductor related essentially the
same account of the incident as already outlined in the Detective’s Supplementary
Report.
In an interview at the IPRA, Witness 1 related that on the date and time in
question, he was on the CTA Red Line train on his way to his girlfriend’s house on the
south side of Chicago. Once the train stopped at the Garfield Station, the conductor
announced that they were awaiting the arrival of the police. Witness 1, who was standing
near one of the exit doors of the crowded train, noticed a male black walking back and
forth on the train “looking suspicious.” Witness 1 described the male as 18-19 years old,
wearing a blue and white leather jacket with a picture of an animal on the back, possibly
a dragon. The subject, now known as Subject 1, exited the train. A few seconds later,
another male black who was with him let Subject 1 re-enter the train. Subject 1 stood
with his back against the exit door of the train directly across from Witness 1 and began
talking on his cell phone. A male Hispanic, uniformed officer got on the train and
approached Subject 1. The officer turned Subject 1 around and looked at the back of his
jacket. Subject 1 pulled away and the officer pushed him against the door and tried to
handcuff him. The officer took Subject 1’s cell phone from him. Subject 1 struggled
with the officer and a female Hispanic entered the train to assist the male officer. Subject
1 reached inside the left side of jacket while saying, “Fuck this” and pulled out a charcoal
colored semi-automatic gun pointed down. Passengers on the train screamed and ran off
the train. The female Hispanic officer stepped back and fired her weapon. Witness 1,
who also exited the train, and stood on the platform, Witness 2 three shots. Witness 1
looked inside the window of the train and saw Subject 1 laying face down on the floor in
a fetal position. The male Hispanic officer handcuffed Subject 1. Witness 1 said he did
not see the male Hispanic officer with a gun in his hand.
Reports from the Illinois State Police (ISP), Division of Forensic Services
contain information that Officer A and Officer B’s Sig Sauer, 9 mm Luger, semiautomatic gun and Sig Sauer 45 semiautomatic gun was examined, test fired, and found

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to be in firing condition. Three bullets were fired from Officer A’s 9 mm weapon and
three bullets were fired from Officer B’s .45 caliber weapon.
In a statement at the IPRA, Officer A related that on 18 September 2010, she
was assigned to Beat 934R on the first watch and she was working with Officer B. They
received a call of a man with a gun or knife on the fourth car of the CTA train at Garfield
Boulevard. The subject was described as wearing a blue and white jacket with the word
“Lifted” on the back. Officer A and Officer B approached a man who fit the description,
with a cell phone up to his ear. Officer B took the cell phone and threw it on the floor
and began to conduct a pat down. The subject, now known as Subject 1, kept one hand
near his groin area and moved around as Officer B attempted to pat him down. Officer A
reached in to grab his hand and Subject 1 was noncompliant. Subject 1 turned toward
Officer A and she saw something silver in his hand. Officer A told Subject 1, “Drop the
gun! Drop the gun!” Subject 1 then pointed the gun toward Officer A. Officer B was
behind Subject 1 struggling with him trying to grab his hands. Officer A yelled, “It’s a
gun! It’s a gun” and drew her weapon. Officer A then Witness 2 three or four shots and
saw Officer B stand back. Subject 1 was still standing with his weapon pointed toward
Officer A. Officer A then fired three shots from approximately five feet away, and
Subject 1 fell to the floor and the gun fell out of his hand. Officer A picked up Subject
1’s gun and handed it to another officer who arrived a few seconds later.

In a statement at the IPRA, Officer B related essentially the same version of the
incident as Officer A. Additionally, Officer B said as he stood behind Subject 1
struggling with him to take control of his hands, he held his gun at the small of Subject
1’s back and fired three shots at point blank range once Officer A confirmed that Subject
1 did in fact have a gun. Officer B said he felt that Subject 1 would shoot Officer A.
Officer B stood back and then Witness 2 a shot and saw Subject 1 collapse to the floor.
Officer B reported the incident over the radio and then handcuffed Subject 1. Officer B
said there were several people on the train car and they immediately exited the train.
Officer B reported that he went to the hospital and was diagnosed with a perforated
eardrum.

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Log #1039919/U #10-34
CONCLUSION AND FINDING:
The evidence garnered in this investigation found that the use of deadly force was
JUSTIFIED and 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 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;
b. has attempted to escape by use of a deadly weapon or;
c. otherwise indicated that he or she will endanger human life or inflict
great bodily harm unless arrested without delay.”

Officer A’s and Officer B’s actions were in accordance with both conditions of
the Chicago Police Department’s policy regarding the use of deadly force.
Officer A and Officer B responded to a call of “Man With a Gun” on a CTA Red
Line train. Once they approached a subject matching the description given,
Officer B attempted to conduct a preliminary investigation. The subject, Subject
1, initially was an active resistor and noncompliant with Officer B’s verbal
direction. Subject 1 then became an assailant with a high likelihood of causing
great bodily harm or death when he pulled a semi-automatic weapon from
underneath his jacket. Officer A saw the gun and ordered Subject 1 to “Drop the
gun!” Subject 1 failed to comply and continued to draw his gun. Once Officer B
confirmed with Officer A that Subject 1 did in fact have a weapon, he discharged
his weapon three times from behind Subject 1 from close contact range. Subject 1
did not immediately fall and Officer A, in fear for her life, Officer B’s life, and
the lives of the passengers on the train, stepped back and discharged her weapon
three times, striking Subject 1 twice.
Although medical attention was sought immediately, Subject 1 expired as a result
of his injuries.
Evidence Technician photographs documented the scene and the gunshot wounds
to Subject 1. The photographs are consistent with the information that Officer A
and Officer B related in their statements.

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