INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1044594 / U# 11-16
INVESTIGATION
NUMBER:
U# 11-16, Log # 1044594
INVOVLED
OFFICER #1:

OFFICER #1’s
INJURIES:
INVOLVED
OFFICER #2:

“Officer A” (Chicago Police Officer); Male/Hispanic; 46 years old;
On Duty; In Uniform; Year of Appointment – 1991

None Reported

“Officer B” (Chicago Police Officer); Male/White; 41 years old;
On Duty; In Uniform; Year of Appointment – 1999

OFFICER #2’s
IINJURIES:

None Report

SUBJECT:

“Subject 1”; Male/Black; 18 years old

SUBJECT
INJURIES:

Through and through gunshot to the right thigh.

INITIAL
INCIDENT:

Shots fired

DATE/TIME
OF INCIDENT:

08 April 2011 @ 2243 hours

LOCATION:

8128 S. Maryland-in the alley.

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 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1044594 / U# 11-16
Summary of Incident:
On 08 April 2011, at approximately 2243 hours, Officer A and Officer B, working
BT 4223B, were in uniform and a marked police vehicle, working Target Response Unit
(253). The officers responded to a call of “shots fired” in the vicinity of 8100 S. Cottage
Grove. While driving southbound on South Cottage Grove toward 82nd Street, the officers
observed two black males, one subsequently identified as Subject 1, and a black female
walking northbound on the west sidewalk of South Cottage Grove. The officers made a
decision to approach the group, though the black males and black female had already
walked past the officers’ vehicle. Officer A, the driver, made a u-turn to drive northbound
on South Cottage Grove toward the group. From the vehicle, Officer A instructed the
black males and the black female to approach the police vehicle. Subject 1 fled on foot,
southbound and then eastbound across South Cottage Grove into the parking lot of an
AutoZone store located at 8130 S. South Cottage Grove.
Officer B exited the vehicle and began to pursue Subject 1 on foot; meanwhile,
Officer A pursued Subject 1 in the police vehicle. Officer A overtook Officer B during
the brief pursuit. Subject 1 turned northbound into an alley behind the AutoZone store
with Officer A driving close behind. Officer A struck Subject 1 with the front of the
police vehicle, knocking him to the ground. Officer A exited his vehicle and as Subject 1
got to his feet, he pulled a 12-gauge shotgun out from under his clothing and pointed it
toward Officer A before tossing it upward onto a nearby roof. At the same time Subject 1
pointed the shotgun at Officer A, Officer A fired three (3) rounds at Subject 1, striking
him in the right thigh. Officer B entered the alley after hearing the shots fired by Officer
A, but he did not witness the shooting.

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 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1044594 / U# 11-16
Investigation:
On 22 April 2011, on the advice of legal counsel, Subject 1 refused to provide an
interview to IPRA. (Att# 25)
Arrest and General Case Reports associated with Subject 1 documents that
Subject 1 pointed a shotgun in the direction of Officer A. The weapon was identified as a
sawed off shotgun with a barrel under eighteen inches. (Att #4)
Supplementary Case Reports documents that detectives requested and received
the telephone records for Subject 1’s mobile telephone (773-XXX-XXXX) in an attempt
to locate the two people with Subject 1 on 08 April 2011, with negative results.
Tactical Response and Officer’s Battery Reports documents that Subject 1
became an active resister in that he fled the area on foot and his subsequent actions
elevated him to an assailant because he used force likely to cause death or great bodily
harm in that Subject 1 pointed a shotgun at Officer A. (Att #7, 8)
The Synoptic Report obtained from the Bureau of Professional Standards
documents that due to the fact that Officer A was transported to Little Company of Mary
Hospital and placed under a doctor’s care on the date of the incident, 08 April 2011, the
BAC test was not administered. On 11 April 2011, Officer A provided a urine sample to
IAD. The sample was labeled and sealed under numbers 23146743 and 4931648. (Att
#30)
Surveillance video obtained from AutoZone (09 April 2011) depicts a black
male, now known as Subject 1, running through the parking lot of the AutoZone. As
Subject 1 is running, a police vehicle appears in the frame. Subject 1 runs in front of the
police vehicle and it appears that the police vehicle may have struck Subject 1 before he
falls to the ground. Officer A exits the vehicle, and suddenly Subject 1 comes to his feet,
produces a shot gum from his person, and raises the weapon in the direction of Officer A.
Officer A extends his arms forward and simultaneously Subject 1 falls backwards to the
ground, as his arm continues in an upward motion. The shotgun is visible on the roof of a
garage. Officer B arrives in the frame on foot. (Att #39)
The Crime Scene Processing Report documents the location and recovery of the
weapon utilized by Subject 1; the weapon utilized by Officer A; the location of the fired
evidence; the clothing worn by Subject 1; and the location of blood evidence.
Evidence Technician photographs and videotape depict images of the location
of incident; the fired evidence; the involved police vehicle; and the shotgun associated
with Subject 1. (Att #19, 21)
OEMC records documents that several individuals, including a female caller
who identified herself as off-duty Chicago Police Officer C, contacted 911 and reported
shots fired in the area of 86th and Indiana and 83rd and Drexel.

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 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1044594 / U# 11-16

A resident of 8XXX S. Maryland did not witness the incident, but contacted 911
and reported hearing five gunshots behind their residence. (Att #33)
Chicago Fire Department (CFD) EMS Run Report associated with Subject 1
documents that paramedics observed Subject 1 sitting in the alley handcuffed and
covered in blood. Subject 1 informed CFD personnel that he was shot three to four times.
Subject 1 was found to have one gunshot wound. The entrance wound was to the upper
right thigh and the exit wound was to the rear upper right thigh. No other wounds or
injuries were noted. (Att #18)
Medical Records obtained from Christ Hospital documents that Subject 1
sustained a gunshot wound to the right thigh. No other injuries were noted. Subject 1 was
treated and returned to the custody of the Chicago Police Department on 04 April 2011.
(Att #38)
Illinois State Police (ISP) Lab Reports documents that the weapon, a Glock,
model 17, 9mm semi-automatic pistol associated with Officer A was found to be in good
firing condition. The barrel has rifling characteristics of six polygonal lands and grooves
with a right twist. (Att #34)
Illinois State Police (ISP) Lab Reports documents that the weapon, a Kessler
Arms model 128 FR, 12-guage bolt-action shotgun with no serial number associated with
Subject 1 was found to be in firing condition. Test shots were unsuitable for entry into the
IBIS database. (Att# 35)
In a digitally recorded interview taken on 05 May 2011, at 1037 hours at IPRA,
Officer B stated that on the date of the incident he was working 4223B, in full uniform,
with Officer A assigned to the Target Response Unit (253) Officer B and Officer A were
on patrol in the 006th District when they responded to a call of “shots fired” in the area of
82nd Street and Cottage Grove.
The officers were traveling southbound in the 8200 block of Cottage Grove when
they observed three individuals, a black female and two black males walking from the
direction of the call. As the officers approached, Officer B observed the black male
closest to the passenger side of the vehicle wearing a dark hoodie with his hands in his
pockets. Officer B also noticed a bulge under the hoodie. Officer A, the driver of the
police vehicle, executed a u-turn and the officers drove closer to the black males and the
female. Officer A rolled down his window and instructed the group to walk to the
vehicle. Suddenly, the young male in the hoodie 1 looked at the officers, turned and fled
southbound on Cottage Grove on foot. Officer B, with his weapon drawn, exited the
vehicle and gave commands to stop before giving chase. Officer A turned the vehicle
around and gave pursuit in the police vehicle.

1

Now identified as Subject 1

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 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1044594 / U# 11-16
Officer B, still unable to see Subject 1’s hands, continued running after him and
observed Subject 1 run across Cottage Grove and into the parking lot of the AutoZone.
Officer A, in the police vehicle, entered the AutoZone parking lot and was behind Subject
1. Subject 1 ran further into the parking lot followed by Officer A. Officer B lost sight of
the two and then heard two loud gunshots. Officer B ran wide in an effort to see around
the corner of the parking lot. Officer B observed Officer A, who was out of the vehicle,
further in the alley behind the AutoZone, and observed Subject 1 lying on the ground.
As Officer B approached Officer A he observed Officer A’s arm raised and his
hand pointing to the roof of a garage. Officer A repeated several times, “It’s up there.”
Officer B then holstered his weapon as additional officers arrived on the scene. An
unknown officer handcuffed Subject 1 while Officer B accompanied Officer A to the roof
of the garage where they located, but did not touch, the shotgun. Evidence Technicians
on the scene recovered the shotgun from the roof the garage.
Officer B related that he did not observe a weapon in Subject 1 hands and did not
observe him fire a weapon. Officer B did not observe Officer A fire his weapon. Officer
B related that he had no knowledge of the whereabouts of the other man and woman who
were seen walking with Subject 1 before the incident. (Att #27)
In a digitally recorded interview taken on 10 May 2011, at 1010 hours, Officer
A, stated that on the date of the incident he was working 4223B, in full uniform, Officer
A was the driver of the police vehicle. Officer B and Officer A were on patrol in the 006th
District when they responded to a call of “shots fired” in the area of 82nd Street and
Cottage Grove. Officer A drove in the direction of where the shots fired was reported.
While in the area, Officer A observed two black males and a black female walking
northbound on Cottage Grove at 81st Street. The group appeared to be walking from the
direction of the shots fired call. Officer A told Officer B that he wanted to “check them
out.” Officer A stated, “I want to put a stop on them.” 2 Officer A pulled his police
vehicle in front of the group. One of the black males, later identified as Subject 1, had his
hands underneath his sweater and looked in the direction of Officer A. Officer A
instructed the group to come to the police vehicle. Suddenly Subject 1 took off running
on foot. Subject 1 ran southbound with his hands underneath his coat. Officer B exited
the vehicle and gave chase on foot. Officer A, still unable to see Subject 1’s hands,
placed the police vehicle in reverse and gave chase while providing his location via the
radio.
Subject 1 crossed over the east side of Cottage Grove, ran southbound into the
parking lot of the AutoZone, and then eastbound toward the east alley of Cottage Grove.
Streetlights and artificial lighting from the parking lot illuminated the area. Officer A
observed that Subject 1 moved his hands to his sides and he appeared to be holding his
side. Officer A fearing that Subject 1 had a weapon and would possibly turn and fire at
him, nudged Subject 1 with the front bumper of the police vehicle in an effort to protect
himself. Officer A was not traveling at a high rate of speed. Subject 1 fell to the ground
2

Att #29, Page 6, Lines 16-18

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 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1044594 / U# 11-16
and Officer A stopped the vehicle. Officer A opened the vehicle’s door to exit, with his
weapon drawn. Subject 1 immediately jumped up from the ground and faced Officer A.
Officer A clearly saw the weapon as it came out from under Subject 1’s clothing. Subject
1 pointed the weapon 3 in the direction of Officer A who had no time to give verbal
commands to drop the weapon. As Officer A fired at Subject 1, he (Subject 1) threw the
weapon in an upward motion toward the rooftop of a garage at 8128 S. Maryland and
then fell to the ground. Officer A immediately informed OEMC via the radio, of the
officer involved shooting and requested an ambulance.
Officer B arrived on the scene and Officer A stated, “The weapon is—is on—the
garage –on top of the garage.” 4 Officer A asked Officer B to help him up onto the roof so
that he could secure the weapon. Officer A stayed on the roof until additional officers
arrived on the scene. Officer A informed the first supervisor to the scene, CPD Sergeant
1, that the weapon was on the roof of the garage.
Chicago Fire Department personnel arrived on the scene and Officer A was
transported to Little Company of Mary Hospital for treatment. Doctors diagnosed Officer
A with post-traumatic stress. Doctors prescribed Officer A with medication to calm him
down and to allow him to sleep.
Officer A stated that because he was taken to the hospital and given medication,
he did not take the Breathalyzer as required by CPD policy. Officer A took the urine test
on 11 April 2011.

3
4

Described as a shotgun, rifle.
Att# 29 Page 15, Line 17-19

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 INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1044594 / U# 11-16
Conclusion:
This investigation found that the use of deadly force by the involved Officer A
was in compliance with Chicago Police Department policy. According to the Chicago
Police Department’s General Order 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 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 related that he and his partner attempted to engage and possibly
interview Subject 1, who had his hands concealed under his sweater, and his
companions in regards to an earlier call of shots fired in the area. Subject 1 and
his companions fled the area on foot. The officers gave chase with Officer B on
foot and Officer A inside the police vehicle. Officer A observed that as Subject 1
fled he was holding the side of his body. Having the knowledge of shots fired in
the area, and observing Subject 1 holding his side and possibly having a weapon,
Officer A fearing for his safety, bumped Subject 1 with his police vehicle, causing
him to fall to the ground. As Subject 1 came to his feet, he produced a shotgun
from under his clothing and pointed the weapon in the direction of Officer A.
Officer A, being in fear for his life, discharged his weapon striking Subject 1 in
the thigh before taking him into custody.

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