INDEPENDENT POLICE REVIEW AUTHORITY
LOG#1057905/U#12-38
INVESTIGATION
NUMBER:
LOG # 1057905 / U# 12-38
OFFICER
INVOLVED #1:

OFFICER’S
INJURIES:
OFFICER
INVOLVED #2:

OFFICER’S
INJURIES:
OFFICER
INVOLVED #3:

“Officer A” (Chicago Police Officer); Male/White; 38 years old;
On-duty; Plain clothes; Year of Appointment – 1998

None.

“Officer B” (Chicago Police Officer); Male/White; 32 years old;
On-duty; In Uniform; Year of Appointment – 2004

None.

“Officer C” (Chicago Police Officer); Male/White; 52 years old;
On-duty; Plain clothes; Year of Appointment – 1998

OFFICER’S
INJURIES:

None.

SUBJECT:

“Subject 1”; Male/White; 32 years old

SUBJECT’S
INJURIES:

Gunshot wounds to the abdomen and lower right side of back.
Treated at Christ Hospital.

INITIAL
INCIDENT:

Officers were responding to a call of shots fired.

DATE/TIME:

21 October 2012, 1247 hours.

LOCATION:

2148 E. 97th Street. Chicago, IL 60617. Beat 431

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 INDEPENDENT POLICE REVIEW AUTHORITY
LOG#1057905/U#12-38
SUMMARY OF INCIDENT:
On 21 October 2012, at approximately 1247 hours, at 2148 E. 97th Street, POs
Officers A, B, and C, of Unit 312, Gang Enforcement, responded to a call regarding two
shooting victims, [Murder Victim], who died from his wounds, and Witness 1, who
survived, at XXXX S. Merrill. Enroute, they observed the subject, Subject 1, who fit the
description of the offender, and attempted to stop him. Subject 1 fled on foot. Officers A
and B pursued him on foot. Officer C pursued him in a Department vehicle. Subject 1
turned and fired a handgun in their direction. In fear of their lives, Officers A and B drew
their weapons and fired upon Subject 1. Subject 1 was struck once in the abdomen and
transported to Christ Hospital by CFD personnel.

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 INDEPENDENT POLICE REVIEW AUTHORITY
LOG#1057905/U#12-38
INVESTIGATION:
The subject, Subject 1, refused to provide a statement.
Civilian Witness 1 stated that her god-brother, [Murder Victim], his girlfriend,
[Murder Victim’s Girlfriend], and [Murder Victim’s Girlfriend’s Cousin], “[Female
Name],” were at her home, located at XXXX S. Merrill, when [Murder Victim] and
“[Female Name]” argued. “[Female Name]” left and returned with approximately three
or four black males. [Murder Victim] and one of the males Witness 1 knew as “[Female
Name]’s baby daddy,” Subject 1, argued. Subject 1 displayed a handgun and repeatedly
shot [Murder Victim]. Subject 1 repeatedly shot Witness 1 when she attempted to help
[Murder Victim]. He then fired upon [Murder Victim] again before walking away from
the scene with the males with whom he had initially arrived. “[Female Name]” sped
away in a van, in the opposite direction.
Civilian Witness 2 stated that he was inside his residence located at 2161 E. 97th
Street, when he heard several shots fired outside. Witness 2 exited his residence and
walked in the direction of the corner of 97th & Merrill, where he heard the shots. He
encountered several neighbors and an unknown black male subject (Subject 1) who
walked by while repeatedly stating, “Man I ain’t got nothin’ to do with that.” Witness 2
walked back toward his residence and observed an unmarked squad car, containing three
unknown casually dressed officers, drive through a path that led out of a nearby park.
The officers encountered Subject 1 at the park’s entrance and repeatedly ordered him to
stop. Subject 1 turned toward the officers and fired upon them. The officers returned
fire. Subject 1 fled west on 97th Street and continued to fire behind his back, toward the
officers. Subject 1 fell, got back up and fled through a yard that lead through the park.
The related Arrest, Case and Supplementary reports, CB#18522096,
CB#18522101, RD#HV-528424, HV-528197, HV-528394, document information
consistent with the Summary of Incident. Subject 1 was charged with First Degree
Murder, Attempt Murder, Aggravated Discharge of a Firearm against a PO, and Armed
Habitual Criminal. An additional arrestee, [Arrestee], was charged with Possession of
Cannabis. “[Female Name]” was accused of making telephone threats to [Murder
Victim’s Girlfriend] if she gave the police any information regarding the shooting.
The related Tactical Response Reports (TRRs), prepared by Officers A, B,
and C document that Subject 1 did not follow verbal direction, fled, attacked with a
weapon, and used force likely to cause death or great bodily harm. Officers A, B, and C
responded with their presence and verbal commands. Additionally, Officers A and B
discharged their firearms. Officer A discharged his firearm thirteen times. Officer B
discharged his firearm sixteen times. The Watch Commander/OCIC Review of the TRRs
documents that the actions of the officers were justified and in compliance with
Department policy and that it was not known which officer shot Subject 1.
The Officer’s Battery Reports (OBR) document that though Officers A, B, and
C were shot at by Subject 1, none of them were injured.

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 INDEPENDENT POLICE REVIEW AUTHORITY
LOG#1057905/U#12-38

The Office of Emergency Management and Communications (OEMC) Event
Query documents information consistent with the Summary of Incident.
Evidence Technician Photographs depict photos of Subject 1; the gun used by
Subject 1; the scene; and the surrounding area.
The Medical Records document that Subject 1 was initially treated at Christ
Hospital and transferred to Stroger Hospital for a gunshot wound that entered through the
abdomen and exited through the back.
In separate statements to IPRA, the involved officers, Officers A, B, and C
provided accounts consistent with the Summary of Incident. Officers A and B were
passengers in the unmarked Department vehicle driven by Officer C. Once Subject 1 fell
to the ground after being fired upon by Officers A and B, Officers A and B returned to
the squad car to take cover and reload their firearms. When they looked in the direction
where Subject 1 fell to the ground, he was no longer there. Officers A, B, and C
conducted an area search for Subject 1. They observed blood in a yard then observed
Subject 1 lying on the ground nearby. Subject 1 was taken into custody and the gun he
used during the incident was found in a bush.

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 INDEPENDENT POLICE REVIEW AUTHORITY
LOG#1057905/U#12-38

CONCLUSION AND FINDING:
This investigation found that the use of deadly force by Officers A and B was in
compliance with Chicago Police Department policy. According to the Chicago Police
Department’s General Order No. 02-08-3, 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 and B were in accordance with the first condition of the
Chicago Police Department’s deadly force policy. Officers A and B responded to an
OEMC call of two shooting victims at XXXX S. Merrill and while enroute to the scene,
they encountered the subject, Subject 1, who fit the description of the suspected offender.
Officers A and B gave Subject 1 repeated instructions to stop. Subject 1 failed to
comply, fled and fired upon the officers during an unsuccessful attempt to avoid arrest.
To prevent death or great bodily harm to themselves, Officers A and B fired upon Subject
1, striking him once in the abdomen. Based upon the totality of the circumstances
surrounding the police involved shooting of Subject 1, Officers A and B were justified in
using deadly force against Subject 1.

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