INDEPENDENT POLICE REVIEW AUTHORITY
Log #1057097, U #12-35
INVESTIGATION
NUMBER:
Log #1057097/U #12-35
OFFICER #1:

“Officer A” (Chicago Police Officer); Male/White; 44 years old;
On Duty; Uniform; Year of Appointment – 1997

OFFICER’S
INJURIES:

None Reported.

SUBJECT:

“Subject 1”; Male/Black; 17 years old

SUBJECT’S
INJURIES:

DATE/TIME
OF INCIDENT:
LOCATION
OF INCIDENT:

GSW to right pelvic area, bullet lodged, and fractured pelvis.
Transported to Christ Hospital. Non-Fatal.

15 September 2012 at 2050 hours

7658 S. Wolcott Avenue
Beat 611

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 INDEPENDENT POLICE REVIEW AUTHORITY
Log #1057097, U #12-35
SUMMARY OF INCIDENT:
On 15 September 2012, at approximately 2050 hours, Officer A, Beat 6729E,
Officer B, Beat 6729F, Officer C, Beat 6729B, and Officer D, Beat 6729A, responded to
a 911 call regarding a man with a gun at 7700 S. Wolcott Avenue. Upon arrival, the
police officers observed several black male subjects at a makeshift memorial for an
unknown subject in front of Clara Barton Elementary School, located at 7650 S. Wolcott
Avenue. One of the subjects, now known as Subject 1, matched the reported description
of the offender. The officers attempted to conduct a field interview with Subject 1, but he
fled the scene and the officers pursued him. During the pursuit, Subject 1 turned around
and pointed a gun at Officer A. Officer A in fear of his life, fired his weapon twice
striking Subject 1, who had a bullet lodged in his right buttock and a fractured pelvis.

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 INDEPENDENT POLICE REVIEW AUTHORITY
Log #1057097, U #12-35
INVESTIGATION:
Per the Preliminary Summary Report, on 15 September 2012, at approximately
2050 hours, Officer A, Beat 6729E, Officer B, Beat 6729F, Officer C, Beat 6729B, and
Officer D, Beat 6729A, responded to a 911 call regarding a man with a gun at 7700 S.
Wolcott Avenue. Officers A and B were riding together in an unmarked squad car while
Officers C and D were riding together in another unmarked squad car. Upon arrival, the
officers parked in front of Clara Barton Elementary School, near the corner of W. 77th
Street and S. Wolcott Avenue. Officer C’s and Officer D’s squad car was parked in front
of Officer A’s and Officer B’s squad car. The officers observed several individuals by a
vigil in front of the school. Two of the subjects matched the description given in the 911
call. The officers exited their squad cars and requested that the subjects approach them.
One of the subjects, now known as Subject 1, started to walk away from the officers.
As Officer A walked toward Subject 1, Subject 1 started to run southwest on W.
77th Street. Officer A then pursued Subject 1 on foot. Officer C also pursued Subject 1
and followed behind Officer A. During the pursuit, Subject 1 turned around and pointed a
gun at Officer A. Officer A, in fear of his life, fired his weapon once. Officer B, who was
in a squad car parked on the corner of W. 77th Street and S. Wolcott Avenue, reversed the
squad car which was going south on S. Wolcott Avenue and then drove forward going
west on 77th Street behind Officers A and C. Officer D also got back into his squad car
and drove northbound on S. Wolcott Avenue in an attempt to cut off Subject 1.
Subject 1 continued to flee onto the southwest sidewalk of W. 77th Street. At that
time, Subject 1 turned around and again pointed a gun at Officer A. Officer A, in fear of
his life, also again fired his weapon at Subject 1. Shortly afterwards, Subject 1 stumbled
on the sidewalk near a wooden fence located at 7701 S. Winchester Avenue, but got back
up and continued running west on 77th Street. Subject 1 then disappeared from the
officers’ view as he rounded the corner going south on S. Winchester Avenue. The police
officers continued to pursue Subject 1 and heard a noise that sounded like metal hitting
the concrete. As the officers approached the front of 7701 S. Winchester Avenue, they
observed Subject 1 lying prone on the front lawn. At that time, Subject 1 was placed
under arrest. Subsequently, the police officers observed that Subject 1 had suffered a gun
shot wound. An ambulance responded and transported Subject 1 to Christ Hospital.
Deputy Chief Dana Alexander, #531, stated that Subject 1’s gun was recovered on
the cemented front porch of 7701 S. Winchester Avenue. IPRA personnel observed the
gun that was still on the scene.
No civilian witnesses were identified. Both Subject 1’s gun and Officer A’s
weapon were swabbed for DNA biological material.
LEICA was not performed.
No in-car camera footage of the incident exists.

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The victim, Subject 1, did not provide a statement. Multiple attempts were made
to contact his attorneys, Attorney A, LLC, and then Attorney B of Willis and Associates.
A canvass of the area at 7700 S. Wolcott Avenue on 16 September 2012 yielded
two Witness 1 and a minor, Witness 2.
Witness 1 and Witness 2 (minor) were contacted by the R/I on multiple attempts
and refused to cooperate with the investigation.
The Chicago Fire Department Incident Detail Report documents that CFD
paramedics, CFD Paramedic 1 and CFD Paramedic 2 (CFD Vehicle C066), responded to
W. W. 77th Street and S. Winchester Avenue on 15 September 2012 at 2054 hours.
According to the report, the patient, Subject 1, had a gun shot wound to his right buttock.
No exit wound was noted.
Subject 1’s Medical Records from Advocate Christ Medical Center document
that he was admitted on 15 September 2012 with a gun shot wound to his right buttock.
According to Subject 1’s History of Present Illness, he was shot by police officers.
Subject 1’s toxicology results show that he had a serum alcohol level of 44 mg/dL 1 at
2130 hours on 15 September 2012. The Discharge Summary Report documents that
Subject 1 was also found to have a right iliac fracture and sciatic nerve injury. Subject 1
was discharged on 18 September 2012. He retained a bullet in his pelvis, but nonoperative management was chosen.
An Illinois State Police Laboratory Report for RD#HV-477475 dated 21
February 2013 indicates that examination of CPD Inventory #12717957 one gun
(Exhibit #2), one magazine (Exhibit #3), one live cartridge (Exhibit #4) and six live
cartridges (Exhibit #5) did not reveal any latent impressions suitable for comparison. The
evidence was forwarded to the Firearms Section.
Another Illinois State Police Laboratory Report for RD#HV-477475/CPD
Inventory #12717957 dated 23 January 2014 indicates that examination of Exhibit #2, a
Bersa gun, model Thunder .380, .380 Auto caliber semiautomatic pistol, serial #B35630,
revealed that it was operable as received and fired. The gun displayed rifling of six lands
and grooves with a right hand twist. A test fired cartridge from Exhibit #2 was entered
into the IBIS database; however, no identification was made. Exhibit #3, one magazine,
was used to test fire the gun. No further examination was conducted of Exhibit #4, one
unfired cartridge, or Exhibit #5, six unfired cartridges.
109 (3 sets of) ET Photos were taken by Evidence Technicians 1 and 2 on 15
September 2012. The first set of photographs depicts Subject 1 lying in a hospital bed and
1

According to the Medscape website, in order to convert serum ethanol level to blood alcohol content
(BAC), move the decimal point three (3) spaces to the left. For example, a 100 mg/dL serum ethanol level
is equivalent to a 0.10 (g/dL) BAC, or 0.10% (weight/volume).
(http://emedicine.medscape.com/article/2090019-overview) Thus, Subject 1’s serum ethanol level on the
night of the shooting was equivalent to a BAC of 0.044. (Att. 52, pg. 122)

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various pictures of his clothing. There are also photographs of Officer A, the recovered
Bersa (Exhibit Marker No. 2), and blood spots on the concrete ground. The final set of
photographs depict the crime scene and the makeshift memorial for “Phil.”
Attempts to secure possible video from Clara Barton Elementary School were
met with negative results. Assistant School Principal A related that the school’s only
operating camera is located on the front entrance and is on real time with no view to the
street.
A PODs search in the area of the incident was negative.
The CPD Crime Scene Video depicts an A-frame home with its front porch light
on. Crime scene tape cordons off the area surrounding this home. A marked CPD squad
car is parked at the end of the street with its blue lights flashing. Next, the video footage
shows a vigil with red and white balloons and candles burning on the ground below a
poster which reads “RIP Phil.”
The camera then pans the scene at the location of W. 77th Street and S. Wolcott
Avenue. Clara Barton Elementary School is located on one corner of the intersection and
the rest of the area appears to be residential homes and apartments. The video shows one
bullet casing on the street (CPD Marker #1) as well as a black and silver gun (CPD
Marker #3) at the bottom of steps which lead up to a house.
CPD Event Queries and OEMC Transmissions indicate that a wireless caller
stated that a male black wearing a red/black/blue baseball cap and a white polo shirt was
armed with a gun. Event #1225917382 documents that shots were fired by the police and
that a male black was shot in the lower back. Event #1226003077 reports that the
arrestee was Subject 1.
Departmental Reports for RD#HV-477475 document that Subject 1 was given
five charges, for violations of 720 ILCS 5.0/12-2-A-6 (Agg Assault/Officer/Firearm –
Class 4, Type F); 720 ILCS 5.0/24-1.6-A-2 (UUW – Weapon –Agg./Public
St./Alley/Land – Class 4, Type F); 430 ILCS 65.0/2-A-1 (Firearm w/o Valid FOID/Elig Class A, Type M); (MCC) 8-24-010 (Weapons Violation Unlawful Use Handgun, Class
L); and 720 ILCS 5.0/24-1-A-4 (UUW – Weapon – Carry/Possess Firearm/School/Park Class 3, Type F). No civilian witnesses were documented on the reports.
Officer A’s Tactical Response Report documents that Subject 1 did not follow
verbal directions to drop his weapon, fled, and then pointed a firearm in Officer A’s
direction, placing Officer A in fear of his life.
Officer A’s Officer’s Battery Report states that a black male with a gun attacked
Officer A, but Officer A did not sustain any injuries.
The Synoptic Report for Officer A shows that he was not under the influence of
drugs or alcohol at the time of the shooting.

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In a statement to IPRA, Witness Officer C, stated that on the date of the
shooting, he was working Unit 312, Beat 6729B, in plainclothes and an unmarked
vehicle. He and his partner, Officer D, responded to a call of a black male with a gun in
the area of 7700 S. Wolcott Avenue. The reported suspect was described as wearing a
white polo shirt and a red, black, and blue hat. Upon arriving at the scene, Officer C
observed there were about a dozen black males and females standing by a makeshift
memorial. Two of these individuals matched the reported suspect’s description. Officer C
stated that he exited his vehicle, announced his office, and called two of the individuals in
the group over to the vehicle to conduct field interviews. The individuals asked what was
going on and Officer C informed them that they received a 911 call of someone with a
gun in the area.
Officer C stated that Officers A and B were in the car behind him and Officer D.
He related that Officer A got out of his vehicle and was attempting to interview a black
male subject (now known as Subject 1). Officer C reported that Officer A got within a
couple of feet of Subject 1, announced “Chicago Police,” and then Subject 1 took off
running in a southwest direction on S. Wolcott Avenue. As he was fleeing, Subject 1 was
holding his right side, leading the police officers to believe that he was armed. Officer A
proceeded to pursue Subject 1 on foot and Officer C followed after Officer A. Officer C
stated he heard Officer A again announce his office and give Subject 1 a verbal command
to drop his weapon.
Officer C was about 10 feet behind Officer A when he heard Officer A fire a
single shot from his firearm in Subject 1’s direction. Officer C stated that Officer A was
approximately 20 feet behind Subject 1 at the time that he fired his weapon. After the
first shot was fired by Officer A, Subject 1 continued running westbound on 77th Street.
Officer A continued to chase Subject 1 and again yelled, “Chicago Police, drop your
weapon!” Officer A fired his gun a second time and Officer C observed Subject 1’s pace
slow down significantly. Officer C also observed a large black object in Subject 1’s hand
which appeared to be a gun. The pursuit only went about one block down W. 77th Street,
from S. Wolcott Avenue to S. Winchester Avenue, and ended when Subject 1 stumbled
and fell to the ground at a home on the southeast corner of W. 77th Street and S.
Winchester Avenue (now known as 7701 S. Winchester Avenue). Subject 1 was lying in
a prone position on the property’s front lawn and his black gun was located on the
home’s front porch. After being asked repeatedly to show his hands, Subject 1 obliged
and was placed into handcuffs by Officer A. Officer C recalled seeing an injury to
Subject 1’s lower torso area.
In a statement to IPRA, Witness Officer B, stated that on the date of the
shooting, he was working Unit 312, Beat 6729F, in plainclothes and an unmarked
vehicle. His partner was Officer A. Officer B reported that he and Officer A regularly
work with Officers C and D as a team. Officer B stated that he and the team responded to
a call of a man with a gun at 7700 S. Wolcott Avenue. Upon their arrival to the scene,
Officer B immediately observed the black male fitting the 911 caller’s description (now

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known as Subject 1). Officer B stated that there was a group of about 8-10 black males
and females standing around in the area.
As Officers C and D exited their vehicle and approached the group, Officer B
observed Subject 1 begin to distance himself from the group. Officer B, who was driving,
told Officer A to get out of the car and grab Subject 1. Officer A got out of the vehicle,
while Officer B stayed in the vehicle in order to be able to pursue Subject 1 with the car
should he run from Officer A. As anticipated, Officer B stated that Officer A got within
two to three feet of Subject 1 when Subject 1 began to flee southbound on S. Wolcott
Avenue and then westbound on 77th Street. Officer A began to chase Subject 1 and
Officer C chased after them. Officer B observed Subject 1 immediately reach for the right
side of his waist.
Officer B was preparing to reverse the vehicle in order to head west on 77th Street
when he heard one gunshot. Officer B reported that he looked up and saw Officer A
approximately 20 to 25 feet away from Subject 1 with Officer C approximately 10 feet
behind Officer A. Officer B was attempting to cut off Subject 1 using the police vehicle
when Officer B saw Subject 1 turn his body toward Officer A. Officer A then fired his
second shot. Officer B observed Subject 1 stumble and fall down next to the house at
7701 S. Winchester Avenue. Officer B made a left turn onto S. Winchester Avenue and
observed Subject 1 lying on the ground with his left hand underneath his body. He also
recalled seeing Officer A and Officer C and hearing them state, “Let me see your hands.
Let me see your hands.” Because he was inside of the vehicle the entire time, Officer B
was unable to hear any verbal directions given by Officer A. Officer B does not know
who recovered Subject 1’s gun, but observed that the semi-automatic silver gun was lying
on the front porch of 7701 S. Winchester Avenue.
In a statement to IPRA, Witness Officer E, stated that he was assigned to Unit
312 and was working Beat 6727C in an unmarked vehicle on the night of the incident.
His partner was Officer F. Like the other officers, Officers E and F responded to a call of
a man with a gun at 7700 S. Wolcott Avenue. However, once they arrived at the location,
they got a call of shots fired by the police at 7700 S. Winchester Avenue, and thus,
diverted to that location.
Upon arriving on scene, Officer E observed Subject 1 lying on front lawn of 7701
S. Winchester Avenue. Officer E approached Subject 1 with Officer A and assisted him
in handcuffing Subject 1. He recalled that Officer C was also on scene, covering Subject
1 with his own weapon. Subject 1 was bleeding from his lower back, toward his buttocks.
He recalled Officer A instructing Subject 1 to show his hands and that Subject 1 obliged.
Officer E then retrieved some latex gloves in order to conduct a pat down of Subject 1.
Officer E retrieved Subject 1’s identification card from his pocket for purposes of
identifying him. At that time, Officer F yelled, “There’s the gun! There’s the gun!”
Officer E observed a small caliber silver and black semi-automatic gun lying on the front
porch of 7701 S. Winchester Avenue. Officer E was assigned to ride with Subject 1 in the
ambulance to Christ Hospital. On the way to the hospital, Subject 1 uttered, “Man, I just

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found that gun earlier in the grass” and then asked Officer E if he still had a chance to
become a police officer.
In a statement to IPRA, Witness Officer F, stated that he was assigned to Unit
312 and was working Beat 6727F in an unmarked car with his partner, Officer E. Officer
F was the driver of their vehicle. He relayed essentially the same account of the incident
as Officer E. Officer F parked their vehicle at the intersection of W. 77th Street and S.
Winchester Avenue, facing westbound. He and Officer E then exited the vehicle. Officer
F observed Officer A on the sidewalk on the east side of W. 77th Street. Officer E went to
assist Officer A while Officer F went further south on S. Winchester Avenue to check for
other offenders. Officer F stated that Officers B and C were also on scene. Officer F
stated that he was still searching the area for other offenders when he observed a silver
and black semi-automatic gun lying on the stoop of the front porch at 7701 S. Winchester
Avenue. Officer F stated that he informed the other police officers that he had located the
gun and then preserved the gun until Sergeant Vasquez relieved him. He also notified the
dispatcher that they recovered the gun and called for EMS. Officer F then followed
Subject 1’s ambulance to the hospital.
In a statement to IPRA, Witness Officer D, stated that on the date of the
shooting, he was working Unit 312, Beat 6729A in plainclothes and an unmarked vehicle
with his partner, Officer C. Officer D was the driver of their vehicle. Officer D reported
essentially the same account of the incident was Officer C. Officer D stated that he
observed Subject 1 take off running as Officer A approached him at W. 77th Street and S.
Wolcott Avenue. Officers A and C pursued Subject 1 on foot while Officer D got back
into his vehicle, intending to cut through the school and cut off Subject 1 at the next
block. Officer D stated that he was in his vehicle with the lights activated when he heard
a single shot fired. Approximately three seconds passed and he heard another shot.
Officer D reported that as he got to W. 77th Street, he saw Officer A placing handcuffs on
Subject 1 in the front yard of 7701 S. Winchester Avenue. Officer D heard Officer F
state, “Here’s the gun!” Officer D then observed a black and silver semi-automatic gun
lying on the front porch at 7701 S. Winchester Avenue. Officer D observed blood on
Subject 1’s buttocks and recalled that Officer F called for an ambulance.
In a statement to IPRA, Officer G, stated that he was working Beat 632 in
uniform and a marked car on the date of the incident. Officer G stated that he was
working with FTO Booren. Officer G related that he and FTO Booren were in the process
of responding to the initial broadcast call of a person with a gun in the vicinity of W. 77th
Street and S. Wolcott Avenue which changed to a broadcast regarding a police chase of a
man with a gun.
When they arrived on scene at 7701 S. Winchester Avenue, Officer G, who was
riding as the passenger in the squad car, got out to assist the officers. Subject 1 was
already in handcuffs, had already been searched, and was being read his Miranda rights
by Officer A. Subject 1 asked Officer G where he was shot. Officer G informed him that
he was shot in the upper right side of his buttocks. Officer G then asked Subject 1 why he
got shot. Subject 1 replied that he ran from the police and then grabbed his gun and

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tossed it. Subject 1 then pointed out to Officer G where he had tossed the gun. Officer G
looked in that direction and saw Officer F already standing over the black and silver gun.
In a statement to IPRA, Involved Member, Officer A, stated that he was
assigned to Unit 312, Beat 6729E in plainclothes and an unmarked vehicle with Officer
B. Officer A reported that upon arriving at 7700 S. Wolcott Avenue, he exited the vehicle
while Officer B stayed inside of the vehicle. Officer A explained that they anticipated
that Subject 1 would run. Officer A got within six or seven feet of Subject 1 intending to
conduct a field interview when Subject 1 took off running in a southwesterly direction.
Officer A began to chase behind Subject 1 while yelling, “Chicago Police, drop the gun,
drop the gun!” He related that he pulled out his own firearm as soon as Subject 1 gave
chase because based on his experience, Officer A believed that Subject 1 had a gun. They
ran westbound on W. 77th Street before coming to an alley at S. Wolcott Avenue and S.
Winchester Avenue. At the opening of the alley, Subject 1 reached into his waistband.
Officer A related that he and Subject 1 were approximately 20 feet apart in the alley
when Subject 1 looked over his right shoulder with his gun drawn with his right hand and
began to turn around. Officer A then fired the first shot at Subject 1, who was standing
approximately in the center of the alley. Subject 1 was by a fence close to S. Winchester
Avenue when he again turned, looked over his shoulder, pulled his gun from the front of
him, and pointed the gun at Officer A for a second time, as Officer A was still screaming,
“Police, drop your gun!” Officer A fired his weapon again. Subject 1 continued to run in
a southwest direction. Officer A continued to chase Subject 1 until he collapsed in front
of a home at 7701 S. Winchester Avenue. Officer A also observed what he believed to be
Subject 1’s gun fly from his hand and onto the porch of the home. He first noticed that
Subject 1 was struck by a bullet as he was patting him down. Officer A explained that he
used the amount of force that he felt was necessary after Subject 1 pointed a gun at him.
He related that he did not feel that he had any other options other than pulling the trigger,
as he felt that his life and the life of the others officers were in danger.

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CONCLUSION:
The Chicago Police Department’s General Order 03-02-03, Section II,
governing “Department Policy”, the order states in relevant part:
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.”
(Att. 84)

Officer A’s actions were reasonable based on the totality of the circumstances.
Subject 1 matched the description of a 911 caller’s report of a man with a gun. Subject 1,
who was standing with a group prior to the police officers arrival on scene, acted
suspiciously in that he slowly distanced himself from the group and then fled when
Officer A approached him to conduct a field interview. Subject 1 also ignored multiple
verbal commands by Officer A to drop his gun, continued fleeing, and then pointed his
gun at Officer A, placing Officer A in fear of great bodily harm or death. Subject 1 even
told Officer G that the reason he got shot was because he first ran from the police and
then grabbed his gun and tossed it. Based upon his actions, Subject 1 posed an imminent
threat to Officer A’s life and to other police officers and any civilians who might have
been in the area. Therefore, Officer A’s actions were in compliance with the
Department’s Use of Force Policy.

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