INDEPENDENT POLICE REVIEW AUTHORITY
LOG #1045750/ U#11-25
INVESTIGATION
NUMBER:
LOG #1045750/ U #11-25
INVOLVED
OFFICERS:

“Officer A” (Chicago Police Officer); Male/White; 33 years old;
On-duty; Plainclothes; Year of Appointment – 2000
“Officer B” (Chicago Police Officer); Male/Hispanic; 41 years old;
On-duty; Plainclothes; Year of Appointment – 2000

OFFICER’S
INJURIES:

None Reported.

OFFENDER:

“Subject 1”; Male/Hispanic; 20 years old

OFFENDER’S
INJURIES:

INITIAL
INCIDENT:

DATE/ TIME/
LOCATION:

One gunshot wound entered the left flank lateral spine and exited
through the right shoulder. Non-fatal.

Victim/Offender pointed a handgun from a vehicle in the direction
of unknown youths. The vehicle was stopped by the involved
officer, the victim/offender exited the vehicle and a foot chase
ensued. The involved officers pursued the victim/offender into a
yard where the victim/offender pointed a weapon at the involved
officers. The involved officers fired their weapons striking the
victim/offender.

30 May 2011, 0118 Hours, 2057 N. Kostner Ave.
BEAT #2522

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LOG #1045750/ U#11-25
SUMMARY OF INCIDENT:
On 30 May 2011, at approximately 0118 hours, the involved officers, Officers A
and Officers B and CPD Sergeant 1 pursued a silver colored Saturn Vue after observing
the rear passenger point a handgun out of the window. The pursuit ended in the alley at
4344 W. McLean. The rear passenger, now known as Subject 1, exited from the driver’s
side of the vehicle and pointed a handgun at the officers. Officer A, in fear for his life,
immediately fired three shots at Subject 1.
Subject 1 ran with the handgun refusing to obey verbal commands to stop and
drop the gun. Subject 1 entered the rear yard of 2053 N. Kostner, where he pointed the
gun at Officer B. Officer B, in fear for his life, fired two shots at Subject 1. Subject 1
fled to the front of 2053 N. Kostner, where he was taken into custody. Subject 1 was
bleeding and EMS was immediately notified. The gun possessed by Subject 1 was
located in the rear yard at 2053 N. Kostner. Subject 1 was transported to Illinois Masonic
Hospital.

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LOG #1045750/ U#11-25
INVESTIGATION:
The offender, Subject 1, signed a refusal to talk report, present by a member of
the public defender’s office.
The witness, Witness 1, signed a refusal to talk report, present by a member of
the public defender’s office.
The arrest report of Subject 1 indicated that he was arrested for aggravated
assault, UUW, and Issuance of Warrant by Officers A and B. The narrative of the report
indicated that during a routine patrol, Officers A and B observed Subject 1 point a blue
steel handgun (revolver) out of the backseat driver’s side window at a group of unknown
pedestrians. The officers attempted to curb the vehicle. Subject 1 then exited that
vehicle with the weapon in his hand and pointed it at the officers. Officer A, fearing for
his life and the lives of his fellow officers, shot three rounds at Subject 1. Subject 1 fled
northbound in the alley of 4344 W. McLean and the officers gave chase.
At this time, Officer B confronted Subject 1 who pointed his weapon at Officer B.
Officer B fired two rounds at Subject 1, who continued to flee. Officer A observed
Subject 1 flee to the top of the porch at 2053 N. Kostner. Officer A ordered Subject 1 to
get on the ground and Officer A performed an emergency take down and handcuffing.
Subject 1 was subsequently transported to the hospital by paramedics. The weapon was
recovered in the rear yard at 2053 N. Kostner.
The arrest report of Witness 2 indicated that he was arrested for UUW by CPD
Sergeant 1 and Officer B. The narrative of the report related that Witness 2 was in the
front passenger seat of vehicle, when Subject 1 was observed by the arresting officers to
produce a large handgun through the window.
The arrest report of Witness 1 indicated that he was arrested for failing to stop
at a stop sign, yield to a vehicle entering an intersection and driving wrong way on oneway street by Officers A and B. Witness 1 was observed committing numerous traffic
violations in an attempt to elude to the arresting officers.
The case report related in essence the same information at the arrest report.
The Tactical Response Report completed by Officer A indicated that Subject 1
“fled,” and “weapon.” Officer A responded with “member presence,” “verbal presence,”
“wristlock,” “take down/emergency handcuffing,” and “firearm.” Officer A fired his
weapon after observing the offender point a firearm at him and his partners, CPD
Sergeant 1 and Officer B, thus placing Officer A to be in fear for his own life and the life
of his partners. Officer A was standing 10 to 15 feet away when he fired his weapon at
Subject 1.
The Tactical Response Report completed by Officer B indicated that Subject 1
“did not follow verbal direction,” “fled,” “imminent threat of battery,” and “weapon.”

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LOG #1045750/ U#11-25
Officer B responded with “member presence,” “verbal presence,” and “firearm.” Officer
B fired his weapon after observing the offender point a firearm at him and his partners,
CPD Sergeant 1 and Officer A, thus placing Officer B to be in fear for his own life and
the life of his partners. Officer B was standing 10 to 15 feet away when he fired his
weapon at Subject 1.
The Tactical Response Report completed by CPD Sergeant 1 indicated that
Subject 1 “did not follow verbal commands,” “fled,” “imminent threat of battery,”
“weapon,” and “pointed handgun.” CPD Sergeant 1 responded with “member presence,”
“verbal presence,” and “pointed firearm/did not shoot.” CPD Sergeant 1 pointed his
weapon at the offender after observing the offender point a firearm at him and his
partners, Officers A and B, thus placing CPD Sergeant 1 to be in fear for his own life and
the life of his partners.
The Crime Scene Processing Report and Map indicated that Subject 1’s
weapon was found in the alley of 2053 N. Kostner Avenue.
The evidence technician photographs depicted pictures of the scene, the
recovered evidence, and Subject 1’s weapon (Black, revolver). The photos of Subject 1’s
recovered weapon showed it to be laying in the grass in the backyard of someone’s home.
The photos also depicted the offenders’ vehicle, a grey colored Saturn SUV, in an alley.
The photos depicted bullet holes in a white garage. There was also a bullet fragment
inside of a home.
The Ambulance report indicated that paramedics were called to the location of
2057 N. Kostner for a gunshot victim, Subject 1. When the paramedics arrived to the
scene Subject 1 was handcuffed and laying in a prone position. Subject 1 was moving his
extremities. Subject 1 had a large amount of blood loss in his clothes. Subject 1 had two
gunshot wounds to the shoulder. Subject 1 was taken to Illinois Masonic Hospital for
medical treatment.
The medical records of Subject 1 from Illinois Masonic Hospital indicated that
he had a gunshot wound on right chest which entered the spine at the level of the 8th rib.
The exit would was in the right shoulder. Subject 1 complained of weakness and
numbness of the right hand and right arm. The bullet may have injured his right shoulder
as well. During Subject 1’s operation, a chest tube was inserted. Subject 1 also had a
right pneumothorax, with possible right lung contusion, and right ulnar nerve palsy.
Subject 1 was discharged from the hospital in stable condition.
The Case Supplementary Report related in essence the same information as the
officers’ interviews and the summary of incident. The arrestee, Witness 1 refused to give
the detectives an interview. The arrestee, Witness 2, stated that he was getting a ride
from Witness 1. They stopped at a gas station and Subject 1 got into the car. As Witness
1 is driving around, a police car got behind them on Keeler as they passed Armitage. The
officers activated the emergency lights and Subject 1 told Witness 1 to go. Witness 2
stated that the police car bumped the vehicle they were in and Witness 1 stopped in an

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LOG #1045750/ U#11-25
alley. At this time, Subject 1 got out the car and ran with a gun in his hand. The officers
fired two or three times and Subject 1 fled northbound. A short time later Witness 2
heard four or five more shots. Witness 2 was then placed into custody.
Subject 1 stated during an interview with detectives that Witness 1 picked him up
from his home and Witness 2 was also in the vehicle. Subject 1 related that Witness 1
showed him a revolver and said that they would be protected. Subject 1 indicated that
they were driving around in the neighborhood when the police began to follow them.
According to Subject 1, Witness 1 refused to stop when the police tried to pull them over.
Witness 1 pulled into the alley on McLean and gave him the gun and stated, “I have too
many felonies.” Subject 1 exited the rear driver’s side door with the gun in his right
hand. Subject 1 ran and the police were right behind him. Subject 1 indicated that he
faced the officers and attempted to conceal the weapon in his pocket, or under his shirt,
but the gun was too large. Subject 1 then heard three shots and felt pain in his back.
Subject 1 continued running with the gun in his hand. Subject 1 turned around and saw
another officer who stated, “Freeze police.” Subject 1 was shot two more times and
realized that he was still holding the gun. He dropped the gun in the rear yard and ran to
the front where he was placed into custody.
Witness 3 (The interview was conducted in Spanish) stated to the detectives that
she heard a vehicle screech and someone yell, "Stop." She observed flashing lights
through the blinds and heard gunshots. A short time later she heard additional gun shots
that appeared to be closer. Everyone in the house got onto the floor; when they felt it was
safe, they looked outside and saw the police “everywhere.” They went outside and
checked their vehicle for damage. The vehicle was not damaged, but when they checked
the house they observed a bullet hole in the first floor bedroom window. Witness 3
related that the police were notified. When the police were looking at the window she
observed a bullet on the floor.
The OEMC event queries and CD recordings, indicated that at about 01:21
hours multiple residences around the area of Palmer and Kostner called 911 reporting
shots fired. One witness was sitting on the back porch when they claim to have heard 6
shots fired. Another witness said they heard 6 shots going back and forth, from two
different guns. Another witness, calling from a block away on Dickens, claimed to have
heard about 5 shots.
At 01:22 hours, Beat 6757 was on McClean and Kildare behind a silver Saturn.
The people in the Saturn were said to be affiliated with the Cobra gang. Soon Beat 6757
announced “shots fired at and by the police.” The officers were not injured, but the
offender was hit. Beat 155R announced the address of the location as 2057 N. Kostner by
Dickens. Beat 2530R announced that the offender’s gun has been recovered. Beat 6757
request the crime lab to secure the area. Beat 6757 then announced a slow down, which is
also repeated by the dispatcher. Beat 2510R announces to keep the lane cleared for the
ambulance. Beat 2531R announced that they are on the scene with an offender in the car,
while another was already at the station. Beat 2512R announced that they were following
ambulance 52, which was transporting the offender to Illinois Masonic Hospital.

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Attempts to contact the witness, “T-Mobile 773-799-6305,” and “Michele
Gosanko (773-XXX-XXXX) were met with negative results. Witness 3 (773-XXXXXXX) provided an interview to responding detectives and was documented in the case
report.
A Reports from the Illinois State Police (ISP), Division of Forensic Services,
indicates that Subject 1’s weapon, a Taurus, Model 689, 357 Magnum revolver, serial
#K149990, was examined, found to be in good firing condition and test fired.
The reports further indicated that Officer B’s weapon, a Glock, model 22Gen4, 40
caliber semiautomatic pistol, serial #VPE508, was found to be in good firing condition.
Officer A’s weapon, Sig Sauer, model P226, 9 mm Luger semiautomatic pistol,
serial #U 620 994, was tested and found to be in good firing condition.
The POD Video only depicts several police vehicles traveling in the vicinity of
1957 N. Kostner with their emergency lights activated. The POD video did not capture
the actual incident or any other police activity.
The canvass conducted in the vicinity of 2057 N. Kostner did not produce any
additional witnesses.
In a statement to IPRS on 30 May 2011, the witness, Witness 4 stated that on 30
May 2011 he was on the process of moving into his apartment (2053 N. Kostner, 2nd
Floor) when he heard a gunshot and observed a flashing light in the back yard. Witness 4
then observed an officer chasing someone. Witness 4 was unable to see the person that
the officer was chasing. The officers then stated, “Police, stop,” and the officer continued
to run. Witness 4 then heard the officer shoot his gun and heard the unknown person, now
known as Subject 1, scream that he had been shot in the leg. The officer ran to the front
of the building. Witness 4 looked out the front window and observed Subject 1 on the
ground and he appeared to be handcuffed. Witness 4 related that several officers arrived
on the scene along with an ambulance.
In statement to IPRA on 30 May 2011, the involved member, Officer A, stated
that when he first observed the vehicle, which was a SUV, he saw someone point a
weapon out of the vehicle and at a group of unknown people. Officer A described the
weapon as being a blue steel gun. Officer A and his partners, Officer B and CPD
Sergeant 1, began to follow the vehicle. Officer B activated the emergency lights and the
vehicle began to elude them. CPD Sergeant 1 made notifications that a possible chase
was in progress. Once the vehicle was in a T-alley in the vicinity of 4344 W. McLean,
the vehicles collided and one of the occupants of the vehicle, now known as Subject 1,
exited the vehicle with the gun in his hand and pointed it at Officer A. Officer A
immediately fired his weapon three times at Subject 1 for fear of his life.

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According to Officer A, a foot chase ensued between him, Officer B, and Subject
1. During the foot chase, Officer A lost sight of Subject 1. Officer A was not sure if he
had struck Subject 1 when he fired at him the first three times. Officer A indicated that
he and Officer B weren’t together when they pursued Subject 1. As Officer A searched
for him, he heard two gun shots. Officer A observed Subject 1 running along side of a
house in the vicinity of 2053 N. Kostner. Officer A approached Subject 1, who was now
on a porch, with his gun drawn and ordered him to get down off the porch, which he
complied. Subject 1 came down off the porch and Officer A conducted an emergency
takedown and handcuffing procedure. Officer A initially did not know Subject 1 had been
shot, but then noticed it when he got blood on his hand during the handcuffing. Officer A
called for an ambulance.
In a statement to IPRA on 30 May 2011, the involved member, Officer B,
stated that on 30 May 2011 he was in the vehicle with Officer A and CPD Sergeant 1.
Officer B related that they were in the vicinity of Keeler and Armitage when they
observed a person, now known as Subject 1, pull out a gun and point it at unknown
people in the street. Subject 1 was inside of a SUV. Officer B related that he activated
that emergency lights and attempted to curb the vehicle, but the individuals refused to
stop. CPD Sergeant 1 made notification of the chase over the radio. Officer B related
that the occupants of the SUV stopped in an alley in the vicinity of McLean and Kostner.
Officer B drove into the back of the SUV, because they kept stopping abruptly. Subject 1
exited the vehicle and pointed the gun in the officer’s direction. At this time, Officer A
fired his weapon three times at Subject 1. Subject 1 began to run away from the officers
and Officer B pursued him on foot.
Officer B related that as he attempted to pursue Subject 1, he took his time going
around the corner because he lost sight of Subject 1. Subject 1 then appeared from
behind a wooden fence with a gun pointed at Officer B. Officer B proceeded to shoot
twice at Subject 1. Subject 1 continued running toward Kostner. Subject 1 no longer had
the gun in his hand. Officer B ran behind Subject 1, but by the time he caught up with
Subject 1, Officer A was handcuffing him. CPD Sergeant 1 remained with the offender’s
vehicle and secured the other occupants. Subject 1’s weapon was secured by the other
officers on the scene.
In a statement to IPRA on 30 May 2011, the involved member, CPD Sergeant
1 stated that on 30 May 2011, he was in the squad car with Officers A and B. CPD
Sergeant 1 related that he was in the backseat of the squad car when he heard Officer B
say the vehicle in front of them was moving fast. CPD Sergeant 1 looked up and
observed a large weapon being pointed out of the driver’s side rear window of the vehicle
(Silver colored, SUV, Saturn Vue) in front of them. CPD Sergeant 1 related that the
weapon was pointed at a group of people standing on the street.
Officer B continued following the SUV and activated the emergency lights. The
SUV immediately stopped in front of them causing them to bump into the SUV. The
person with the gun (now known as Subject 1) exited the backseat of the vehicle and
began running. CPD Sergeant 1, along with Officers A and B, exited the vehicle.

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Subject 1 turned toward Officer A with the gun in his hand and Officer A fired his
weapon at him three times. Subject 1 took off running and Officer B pursued him along
with Officer A. CPD Sergeant 1 indicated that he stayed with the vehicle that was still
occupied by two other people. CPD Sergeant 1 further reported that he did not believe
Subject 1 was struck by Officer A firing his weapon at him. CPD Sergeant 1 said he
heard two more shots soon after Subject 1 fled. CPD Sergeant 1 heard over the radio that
Subject 1 was placed into custody. CPD Sergeant 1 placed the other two people into
custody with the assistance of Officer B who had returned from pursuing Subject 1. CPD
Sergeant 1 indicated that Subject 1’s weapon was recovered. CPD Sergeant 1 never saw
Subject 1 again, because he was placed in an ambulance.

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CONCLUSION AND FINDING:
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 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
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.”
Officers A and B’s actions were in accordance with both the conditions of CPD’s
policy. The officers observed Subject 1 point his weapon at a group of unknown people
in the street. The officers pursued the vehicle Subject 1 was in and, when the vehicle was
finally curbed, Subject 1 exited the vehicle with his weapon pointed at the officers.
Subject 1 admitted in the Department reports that he had a gun in his right hand when he
exited the vehicle. Witness 2 also reported Subject 1 possessed a gun when he exited the
vehicle. Subject 1 and Witness 1 refused to give an interview to IPRA.
Officers A and B announced their office and ordered Subject 1 to drop his
weapon and he refused. Subject 1 pointed his weapon at the officers, causing them to be
in fear of their lives, which resulted in Officers A and B firing their weapons at Subject 1
to prevent great bodily harm to themselves.

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