Independent Police Review Authority
Log #1045998 / U #11-30

INVESTIGATION
NUMBER:
Log #1045998 / U #11-30
OFFICER
INVOLVED #1

“Officer A” (Chicago Police Officer); Male/Hispanic; 29 years old;
On-Duty; Full Uniform; Year of Appointment – 2006

OFFICER’S
INJURIES:

None Reported

SUBJECT:

“Subject 1”; Male/Black; 26 years old

SUBJECT’S
INJURIES:

Single through and through gunshot wound to right leg, just below
the knee. Anterior to posterior track.

LOCATION:

3700 W. Washington Blvd

DATE/TIME:

08 June 2011, at approx. 1751 hours

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 Independent Police Review Authority
Log #1045998 / U #11-30
SUMMARY OF INCIDENT:

This investigation, in conjunction with information gained through Chicago Police
Department records, revealed the following.
On 8 June 2011, at approximately 1750 hours, Officer B (driver) and Officer A
(passenger/shooter) were on patrol in the area of Washington Avenue and Hamlin Street
when they observed a green in color Pontiac Grand Am traveling south on Hamlin Street.
The officers observed that the driver of said vehicle, now known as Subject 1, was not
wearing his seatbelt.
The officers attempted a traffic stop on the vehicle, at which time Subject 1 accelerated
his vehicle and fled from the officers. A brief traffic pursuit ensued, as Subject 1 fled
eastbound in the 3700 block of W. Washington Avenue. Subject 1 turned his vehicle
northbound across traffic, as if to make a U-Turn. Officer B turned his police vehicle
northbound also, bringing the officers alongside Subject 1’s Pontiac Grand Am.
Subject 1 exited the driver’s side door of his vehicle in an attempt to flee on foot. Subject
1 did not put his vehicle in park before exiting, and his vehicle began to slowly roll
through the intersection. As Subject 1 exited his car, Officer A observed that he was
holding a handgun in his right hand. Officer A would later relate that Subject 1 then
raised his arm, and pointed his firearm at both he and Officer B. At that time, Officer A
instinctively swung the passenger side door of the police vehicle open, striking Subject 1
and pushing him back away from the side of the police vehicle.
After being struck by the car door, Subject 1 continued to flee on foot. Officer A exited
the vehicle and pursued him. Officer A issued multiple commands to Subject 1, ordering
him to “stop” and “drop the gun.” During the foot pursuit Subject 1 turned his upper body
towards the officers, extending his right arm with the gun in his hand, and pointed the
weapon towards Officer A.
Officer A would later relate that he was approximately 10-15 feet away from Subject 1
and was in fear for his safety. It was at this time that Officer A fired two shots from his
service weapon at Subject 1.
Subject 1 staggered, threw his weapon down, and fell to the ground. Officer B
approached and placed Subject 1 in handcuffs while Officer A requested medical
attention and additional police personnel.
Subject 1 was transported to Mount Sinai Hospital where he was treated for a single
gunshot wound to his right calf.
The weapon belonging to Subject 1 was found to be a Smith & Wesson P22 .22 caliber
pistol, with an obliterated serial number. A search of Subject 1’s Pontiac Grand Am

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 Independent Police Review Authority
Log #1045998 / U #11-30
produced the discovery of a silencer, capable of being attached to the Smith & Wesson
.22 pistol recovered from Subject 1.

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 Independent Police Review Authority
Log #1045998 / U #11-30
INVESTIGATION:
The Department Reports list Subject 1 as the offender in this event. The reports
further indicate that Subject 1 was shot by CPD Officer A after he (Subject 1) pointed a
pistol at Officer A. The Departmental reports are consistent with the summary within this
report and the statements provided by the involved officers.
The Medical Records from Mount Sinai Hospital indicate that Subject 1 had
been shot once in the right leg, just below the knee. The track of the wound continued to
the back of Subject 1’s calf. Subject 1 was treated and released into police custody.
The Tactical Response Reports (TRR’S) completed by Officer A documented
that Subject 1 “did not follow verbal direction,” “fled,” was an “imminent threat of
battery,” “attacked with weapon,” and “used force likely to cause death or great bodily
harm with a weapon.” The Officer responded with “member presence,” “verbal
commands,” and the use of his “firearm.”
The Officers Battery Report completed by Officer A documented that he
received no type of injury; though Subject 1 pointed his firearm at Officer A.
The OEMC reports were collected and made part of this case file. An analysis of
said documents show no information that is inconsistent with the facts as related by the
involved and witness officers.
IPRA Investigators conducted canvasses in an attempt to locate additional
witnesses and/or evidence.
Witness 1 provided a statement to IPRA. Witness 1 related that he had been
sitting in the park when he observed this event. Witness 1 advised that Subject 1 exited
his Pontiac Grand Am and began running from the police. Witness 1 advised that he did
not see an object in Subject 1’s hand. Witness 1 related that Subject 1 was looking back
towards the officer that was pursuing him.
Witness 1 related that Subject 1 had his back turned towards Officer A when
Officer A fired his weapon.
Witness 1 admitted that he had been drinking prior to this event. It was noted by
responding investigators, and documented by evidence technicians, that Witness 1’s
vantage point was obscured by a number of trees.
Witness 1 would also later relate to CPD detectives that he could not see the
position of Subject 1 at the time the shots were fired, nor could he see either Officer A or
Officer B. Witness 1 related that he believed that the Officers had shot Subject 1 in the
back “because all police officers are racist.”

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 Independent Police Review Authority
Log #1045998 / U #11-30
Witness 2 provided a statement to IPRA. Witness 2 related that he works as a
security guard at XXX N. Hamlin Street and was a witness to this event. Witness 2
related that when Subject 1 exited his Pontiac Grand Am, Witness 2 saw that he was
holding a black object in his right hand. Witness 2 related that Officer A issued multiple
commands for Subject 1 to stop.
Witness 2 related that Subject 1 was still holding the black object in his right hand
and had turned towards Officer A, at which time Officer A shot at Subject 1. Witness 2
related that Subject 1 then dropped the object he had been holding and fell to the ground.
Witness 2 related that the officers then took Subject 1 into custody.
Illinois State Police Forensic Science Laboratory Reports document the
examination of the recovered ballistic evidence in comparison to the firearm belonging
Officer A. It was determined that both shell casings recovered at the scene of this event
were fired from Officer A’s SIG Sauer 9mm pistol, serial # AM60299.
The .22 caliber Smith & Wesson firearm possessed by Subject 1 was test fired.
The weapon was found to be in proper firing condition.
An attempt to interview Subject 1 was made at Mount Sinai Hospital. Subject 1
refused to be interviewed and would not provide any information to the responding
investigators.
A certified letter was delivered to Subject 1 requesting that he provide a
statement regarding this event as IPRA was investigating the shooting. Subject 1 failed to
respond to the letter and has not contacted the R/I to this date.
A personal visit to Subject 1 was attempted in an effort to collect a statement
regarding this event. Subject 1’s father was provided with contact information for the R/I
and a request to have Subject 1 make contact as soon as possible was made. Subject 1 has
not contacted the R/I to this date.
The Detective Supplemental report reflects that Subject 1 provided a statement
relative to this event. After being advised of his Constitutional Rights, Subject 1 admitted
fleeing from the traffic stop attempted by the involved officers. Subject 1 related that he
saw a firearm in the car that did not belong to him, and that he intended to pull over and
throw the firearm in a pond near the park at 3700 W. Washington Boulevard.
Subject 1 related that he exited his vehicle with the gun in his right hand. Subject
1 related that the police officers struck him with the door of their police vehicle, at which
time he dropped the firearm. Subject 1 claims that he was subsequently shot by the police
and then fell to the ground.
Evidence Technician photographs of the scene were obtained and made part
of this case file. Evidence Technician photographs documented the scene and are
consistent with the information officers related in their statements. It is specifically noted

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Log #1045998 / U #11-30
that Subject 1’s firearm was recovered in a grassy area within close proximity to where
Subject 1 fell after being shot.
In an audio recorded statement to IPRA, Officer B related the facts concerning
his involvement in this event in a manner consistent with the Departmental Reports and
the Summary contained within this report.
Officer B related that as Subject 1 exited his vehicle he was holding a black semiautomatic pistol in his right hand. Officer B advised that as Subject 1 was running from
his vehicle he pointed his weapon at or near Officer A’s head, and that Officer A pushed
the passenger’s side door of the vehicle open, striking Subject 1 and causing him to be
pushed away from the police vehicle.
Officer B related that as Subject 1 fled on foot, he pointed his firearm back
towards Officer A. Officer B heard two shots and observed Subject 1 stagger and fall to
the ground. Officer B related that he knew that Officer A had fired because he had his
attention on Subject 1’s firearm, and did not see a muzzle flash from Subject 1’s weapon.
In an audio recorded statement to IPRA, Officer A related the facts concerning
his involvement in this event in a manner consistent with the Departmental Reports and
the Summary contained within this report.
Officer A related that as Subject 1 exited his vehicle he was holding a black semiautomatic pistol in his right hand. Officer A advised that as Subject 1 was running from
his vehicle, he pointed his weapon at the officers. Officer A responded by pushing the
passengers side door of the vehicle open, striking Subject 1 and causing him to be pushed
away from the police vehicle.
Officer A related that he pursued Subject 1 on foot. Officer A related that
as Subject 1 fled on foot, he pointed his firearm back towards Officer A. Officer A, in
fear for his life, fired two shots. Officer A then observed Subject 1 throw his firearm into
a grassy area, stagger several feet, and fall to the ground.

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 Independent Police Review Authority
Log #1045998 / U #11-30
CONCLUSION AND FINDING:
This investigation found that the use of deadly force by Officer A was Justified
and in compliance with Chicago Police Department policy and Illinois State statutes.
According to the Chicago Police Department’s General Order 03-02-03, 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 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.”

Subject 1 fled from a traffic stop attempted by Officer B and Officer A. After a brief
traffic pursuit, Subject 1 exited his vehicle brandishing a .22 caliber pistol and attempted
to flee on foot.
Officer A commanded Subject 1 to stop and drop his weapon. Subject 1 turned towards
Officer A and raised his pistol, pointing it in the direction of Officer A. Officer A fired
two (2) shots, striking Subject 1 in the right leg.
Subject 1 was taken into custody and his firearm was recovered.
Witness 2, an independent witness, observed the incident and provided a statement that
supports the account provided by Officer A and Officer B.
Subject 1 refused to cooperate with the investigation conducted by IPRA, but did admit
to CPD detectives that he exited his vehicle holding a firearm in his right hand, and that
he knowingly and willingly was attempting to avoid apprehension.

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 Independent Police Review Authority
Log #1045998 / U #11-30

Officer A was in compliance with the statute “to prevent death or great bodily harm to the
sworn member or to another person” because he reasonably believed his life was in
danger when Subject 1 lifted his arm with a gun and pointed it in his direction. The
reports document that there was a high likelihood that Officer A was in danger of “great
bodily harm” described in the statute if Officer A did not stop the threat on his life, by
discharging his weapon.

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