Independent Police Review Authority
Log#1040637 / U# 10-36

INVESTIGATION
NUMBER:
OFFICER
INVOLVED #1:

OFFICER #1
INJURIES:

OFFICER
INVOLVED #2:

OFFICER #2
INJURIES:
OFFICER
INVOLVED #3:

OFFICER #3
INJURIES:

SUBJECT:
SUBJECT’S
INJURIES:

INITIAL
INCIDENT:

DATE/TIME
OF INCIDENT:

LOCATION:

U #10-36, Log #1040637

“Officer A” (Chicago Police Officer); Male/White; 37 years
old; On-Duty; Uniformed; Year of Appointment – 1996

Non-Fatal – Minor Injury (Bruises/Swelling/Minor Abrasions).
Taken to Lutheran General Hospital.

“Officer B” (Chicago Police Officer); Male/White; 42 years
old; On-Duty; Civilian Dressed; Year of Appointment – 2005

Non- Fatal – Minor Injury (Bruises/Swelling/Minor Abrasions)
Taken to Our Lady of Resurrection Hospital.
“Officer C” (Chicago Police Officer); Male/White; 32 years
old; On-Duty; Civilian Dressed; Year of Appointment – 2002

Non-Fatal- Minor Injury (Bruises/Swelling/Minor Abrasions).
Taken to Our Lady of Resurrection Hospital.
“Subject 1”; Male/Hispanic; 24 years old

Graze wound to the face. Taken to Our Lady of Resurrection
Hospital for treatment.

Officers were attempting to arrest an offender for Aggravated
Assault to an officer.

13 October 2010, at approximately 2045 hours and 2115
hours.
3950 N. Marmora Avenue (on the street). Beat 1632. / 6200
W. Berenice Avenue (on the street). Beat 1632.

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 Independent Police Review Authority
Log#1040637 / U# 10-36
SUMMARY OF INCIDENT:
On 13 October 2010, at approximately 2128 hours, at 6200 W. Berenice
Avenue, officers from Units 016 and 315 attempted to arrest Subject 1 for
Aggravated Assault and Aggravated Battery to bicycle officer, Officer D. Officers
D and E were stopped at the southwest corner of 4500 N. Broadway Street,
attempting to cross eastbound on their bicycles. They had the green light and
were proceeding to cross when a vehicle driven by Subject 1, southbound on
Broadway, failed to stop at the solid red signal, nearly striking Officer D. Officers
D and E rode up to the vehicle and Officer D approached Subject 1 and
requested that he curb the vehicle. Officer E approached the passenger,
Witness 1. Subject 1 immediately turned off the vehicle’s headlights and sped
away, traveling southbound onto Sheridan Road. Officers D and E lost sight of
the suspect vehicle and gave a flash message. Officer A, monitored the flash
message, observed Subject 1 driving in the area of 3900 N. Marmora Avenue
and engaged in a vehicle pursuit. During the pursuit, Officer A observed the
vehicle driven by Subject 1 reversing eastbound at 6200 W. Berenice Avenue
and attempted to curb it. The vehicle changed direction and drove toward Officer
A. Fearing for his life, Officer A fired two shots at the vehicle. Subject 1 reversed
the vehicle and again drove in the direction of Officer A. Officer A fired six
additional shots at the vehicle. Subject 1 drove away, down the sidewalk, with
additional units in pursuit. Officer F, monitored the flash message and joined in
the pursuit. Subject 1 sideswiped Officer F’s vehicle and then crashed into a light
pole at 5901 W. Irving Park Road. Subject 1 freed the vehicle from the light pole,
continued driving and crashed into a vehicle occupied by Officers B and C.
Officer C, in fear of his life, fired several shots at Subject 1. Subject 1 exited the
vehicle and the vehicle crashed into a parked vehicle at 3942 N. Marmora
Avenue. Subject 1 turned toward the officers while fleeing and pointed a
handgun in their direction. Officer B, in fear of his life and the life of his partners,
fired numerous shots at Subject 1. A short foot chase ensued and Subject 1 was
apprehended. Subject 1 became combative during his apprehension and
necessary force was used to affect his arrest. Subject 1 was transported to Our
Lady of Resurrection Hospital for treatment of injuries that he sustained during
the vehicle chase and a gunshot graze wound to his face. While being treated,
Subject 1 freely stated that he had consumed several alcoholic beverages and
smoked marijuana immediately before driving.

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 Independent Police Review Authority
Log#1040637 / U# 10-36
INVESTIGATION
The subject, Subject 1, declined to talk with IPRA personnel.
Medical records from Our Lady of Resurrection Hospital document
that Subject 1 informed medical personnel that he was involved in a police chase
in which he feared stopping and kept driving. Subject 1 complained of left elbow,
knee and head pain and was diagnosed with multiple abrasions and lacerations
about his face, wrist and head. Subject 1 also received sutures to a gunshot
graze wound to his face.
In a statement with IPRA, the witness, Witness 1, identified Subject 1
as her boyfriend. The two were riding in her car together, with Subject 1 as the
driver. They were drinking alcoholic beverages. Subject 1 ran a red light in the
area of Sheridan & Broadway. A female bicycle patrol officer rode up to Subject
1’ side of the vehicle and asked him to pull over. Subject 1 became frightened
and sped away. Several squad cars followed them and attempted to curb the
vehicle. Subject 1 increased his speed and began to drive “crazy” in that he was
driving in and out of traffic, running red lights, driving on the sidewalk, through
alleys and hitting speed bumps. The officers repeatedly instructed Subject 1,
over the loudspeaker, to pull over. Subject 1 ignored them and continued in his
erratic driving behavior. Witness 1 ducked her head down, balled up and then
heard several gun shots. The vehicle struck an object and came to a complete
stop. Witness 1 raised her head and noticed that Subject 1 had jumped from the
vehicle and fled. Witness 1 did not witness the shooting or Subject 1 strike any
officer with the vehicle he was driving.
In a statement with IPRA, the witness, Witness 2, stated that he and his
co-worker, Witness 3, were standing in the alley at 5927 W. Irving Park Road,
behind their place of employment, “Giordano’s,” when they heard sirens, looked
down the alley and observed a parked red Audi on Marmora Avenue. He heard
approximately eight to twelve gunshots. Witness 2 ran in the direction of the
sound of the gunshots and observed several officers emerge from the parking lot
of a nearby funeral home and run toward the Audi. A uniformed officer opened
the passenger door of the Audi, removed a female subject, handcuffed her and
placed her inside a squad car. Witness 2 did not observe Subject 1 or any officer
discharge his weapon.
In a statement with IPRA, the witness, Witness 3, corroborated the
account of Witness 2. He did not observe Subject 1 or any officer discharge his
weapon.
In a statement with IPRA, the witness, Witness 4, stated that she was
working inside a bar located at 5901 W. Irving Park Road when she observed a
red vehicle and a marked Department vehicle drive on the sidewalk, in front of
the main windows of the bar. The red vehicle drove off the sidewalk and turned

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 Independent Police Review Authority
Log#1040637 / U# 10-36
south onto Marmora Street. Additional squad cars arrived. Witness 4 heard
gunshots as she moved toward the screen door. When the gunshots stopped,
Witness 4 went to the screen door, looked outside and observed that the red
vehicle had crashed into a parked Cadillac and that a white/female subject had
just been removed from the red vehicle. Witness 4 did not observe Subject 1 or
any officer discharge his weapon.
In a statement with IPRA, the witness, Witness 5, a retired Chicago
Police Detective, stated that he was inside his residence, located at 5904 W.
Bryon Street, listening to a police scanner, when he heard of a police chase in
the area. Witness 5 exited his residence, proceeded to the intersection of 6200
W. Berenice Avenue and heard approximately five or six gunshots. Witness 5
relocated to the west end of the alley to actually observe the chase. He looked
north toward Irving Park Road and observed a collision involving a red vehicle
and a marked Department SUV. Both vehicles were pushed onto the sidewalk at
Irving Park Road and Marmora Street. The red vehicle continued south on
Marmora Street. Witness 5 heard additional gunshots and observed the red
vehicle strike a parked vehicle. Witness 5 heard additional gunshots after that
and observed the driver of the red vehicle exit the same and run south on
Marmora Street, in the direction of Witness 5. Witness 5 observed the driver turn
and point his arm back, toward a casually dressed officer who was chasing him.
The officer tackled the driver. Additional Department vehicles arrived and
blocked Witness 5’s view of the incident.
The related Arrest, Case and Supplementary Reports, RD#HS-563286,
CB#17994916, document an account consistent with the Summary of Incident.
Subject 1 was charged with four counts of Aggravated Battery of an
Officer/Government Employee, two counts of Aggravated Assault, DUI, and
several other traffic violations. The Supplementary Report was
CLEARED/CLOSED (Arrest and Prosecution.)
The Central Booking photos of Subject 1 depict facial injuries.
The related Tactical Response Reports (TRRs) document that Subject 1
did not follow verbal direction, fled, posed an imminent threat of Battery and used
the vehicle he was driving to cause death or great bodily harm to the officers.
Officers A, B, and C responded with their presence, verbal commands, and
firearm discharges. Officer A fired eight times at Subject 1. Officer C fired five
times at Subject 1. Officer B fired three times at Subject 1. Officers B and C also
used take down/emergency handcuffing and closed hand strike/punch actions
against Subject 1. The Watch Commander/OCIC Review of the reports
documents that each officer was placed in fear of his life due to an offender who
drove his vehicle in their direction and the officers complied with all Department
policies regarding the use of force.

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 Independent Police Review Authority
Log#1040637 / U# 10-36
The related Officer’s Battery Reports document that Officers A and B
sustained Non-Fatal/Minor Injury (Bruises/Swelling/Minor Abrasions) and that
Officer C sustained Non-Fatal/Major Injury (Broken Bones/Serious
Lacerations/Internal Injuries) during the incident.
Evidence Technician photos depict the scene and surrounding areas of
Melvina & Byron Streets; the north alley on Berenice Avenue at Melvina Street;
fired cartridge cases on the grass, sidewalk and street; fired cartridge cases
markers on the street at 6200 W. Berenice Avenue; street signs at Broadway
Avenue & Sunnyside Avenue; the scene and surrounding area; street signs at
Lake Shore Drive and Belmont Avenue; the scene and surrounding area; the
entry ramp from Belmont to southbound Lake Shore Drive; the scene and
surrounding area at 3958 N. Marmora Street; damaged Department vehicles; the
interior and exterior of the damaged vehicle Subject 1 was driving; and overall
and close-ups of Officer C which include a bloody wound to his right knee.
Hand drawn maps depict the various scenes and locations of Officers B
and C when they fired.
The Chicago Police Department Event Query contains information that
is consistent with the Summary of Incident.
The Illinois State Police Crime Lab Report documents that the weapons
of Officers A, B, and C were examined and found to be in firing condition.
The Report of CPD Sergeant 1, contains information that is consistent
with the Summary of Incident. The report additionally documented that because
Officers A, B, and C were given medication for pain at the hospital, they did not
undergo blood and/or urine testing.
In a statement with IPRA, Officer A provided an account consistent with
the Summary of Incident and stated that he and Officer G, were partnered. He
did not witness the other weapons discharge surrounding the incident.
In a statement with IPRA, Officer G corroborated the account of his
partner, Officer A, and stated that he did not witness any other weapons
discharge surrounding the incident.
In a statement with IPRA, Officer F provided an account that was
consistent with the Summary of Incident. Officer F heard shots, saw flashes in
the area of Melvina Avenue and Berenice Avenue and pursued Subject 1 as he
fled. Officer F never discharged his firearm or took part in taking Subject 1 into
custody.
In a statement with IPRA, Officer B provided an account that was
consistent with the Summary of Incident. He and Officer C were partnered and

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 Independent Police Review Authority
Log#1040637 / U# 10-36
their vehicle was struck three times by the vehicle Subject 1 was driving.
Subject 1 pointed a gun at Officer B and Officer B repeatedly discharged his
weapon in fear of his own life and the life of Officer C. Officer B heard the
simulcast over the radio of the shots fired in the area of Melvina Avenue and
Berenice Avenue. He did not witness the actual shots fired at that location.
In a statement with IPRA, Officer C provided an account that was
consistent with the Summary of Incident.
Officer C fired at Subject 1 after
Subject 1 struck him on the right knee with the vehicle he was driving, in the area
of Marmora Street and Irving Park Road. Officer C did not observe any other
officer discharge his weapon.
In a statement with IPRA, CPD Detective 1, provided an account that
was consistent with the Summary of Incident. CPD Detective 1 did not discharge
his firearm during the incident.
In a statement with IPRA, Officer H, provided an account that was
consistent with the Summary of Incident. Officer H observed Officer B discharge
his weapon at Subject 1 when Subject 1 pointed a gun at him from inside the
vehicle he was driving. Officer H then observed Subject 1 flee the scene and be
taken into custody shortly thereafter.

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 Independent Police Review Authority
Log#1040637 / U# 10-36
CONCLUSION AND FINDING:
This investigation found that the use of deadly force by Officers A, B, and
C was in compliance with Chicago Police Department policy. According to the
Chicago Police Department’s General Order No. 02-08-03, Section 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 involved the infliction, threatened infliction,
or
threatened use of 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 actions of Officers A, B, and C were in accordance with the first
condition of the Chicago Police Department’s deadly force policy. Officers A, B,
and C responded to a flash message of an officer needing assistance after
Subject 1 had committed the crime of Aggravated Assault against a bicycle patrol
officer. Subject 1 used the vehicle he was driving as a deadly weapon against
the officers, pointed a firearm at the officers, fled to avoid arrest and resisted
arrest. To prevent death or great bodily harm to themselves and others, Officers
A, B, and C fired upon Subject 1, causing Subject 1 to sustain a graze wound to
the face. Based upon the totality of the circumstances surrounding the police
involved shooting, Officers A, B, and C were justified in using deadly force
against Subject 1.

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