INDEPENDENT POLICE REVIEW AUTHORITY LOG #1062912/U#13-23 INVESTIGATION NUMBER: Log #1062912, U#13-23 OFFICER INVOLVED: OFFICER’S INJURIES: WITNESS OFFICER #1: WITNESS OFFICER #2: “Officer A” (Chicago Police Officer); Male/White; 42 years old; On- Duty; Plain Clothes; Year of Appointment – 2002 None reported. “Officer B” (Chicago Police Officer); Male/White; 36 years old; On- Duty; Plain Clothes; Year of Appointment – 2000 “Officer C” (Chicago Police Officer); Male/White; 30 years old; On- Duty; Plain Clothes; Year of Appointment – 2005 District; SUBJECT: “Subject 1”; Male/Black; 15 years old SUBJECT’S INJURIES: Gunshot wound to the left arm and chest. Fatal. DATE/TIME: 16 June 2013, at approximately 2254 hours LOCATION: 6610 South Sangamon Street (in the middle of the street) 1 INDEPENDENT POLICE REVIEW AUTHORITY LOG #1062912/U#13-23 SUMMARY OF INCIDENT: On 16 June 2013 at approximately 2254 hours, several Gang and Tactical units were responding to the area of 6500 South Peoria because of a report of shots fired. While searching the area, Beat 767D, Officer A (driver) and Officer D (passenger), observed the subject, Subject 1, running east on 66th Street. Officer A began to chase Subject 1 on foot along with Tactical Officers B and C. Officer B observed Subject 1 turn toward Officer A and point a firearm toward Officer A. Officer B yelled, “Gun, shoot!” and Officer A fired two rounds, fatally striking Subject 1. 2 INDEPENDENT POLICE REVIEW AUTHORITY LOG #1062912/U#13-23 INVESTIGATION: In a statement with IPRA, Officer A, stated he was working Beat 767D with Officer D during the time of the incident. Officer A stated he was on-duty in citizen’s dress wearing a protective vest, with his star displayed. The officers were responding to a call of multiple shots fired at 65th and Sangamon, Green, and Peoria. The officers drove a Chevy Impala, #3839, and were heading westbound on 66th Street. Officer A stated he saw a black male in a black T-shirt running. They followed him by car until the male, now known as Subject 1 stopped running. Officer A exited the vehicle to approach Subject 1 by foot. As soon as Subject 1 saw him approach, he began to run again. Officer A gave his location to dispatch and saw an unmarked Tahoe show up. Two officers exited the Tahoe and began running behind him. Officer A kept shouting, “Stop, police!” to Subject 1. The other officers stated they were officers as well. Officer A recognized their voices as those of Officers B and C. Officer A continued to tell Subject 1 to stop, until Subject 1 turned around and pointed a weapon at him. Officer A drew his weapon after he heard an officer say, “Gun, gun, shoot, shoot!” He fired twice at Subject 1, and saw him drop the weapon in the middle of the street. Subject 1 then stumbled into the grass and fell. Officer A stated Subject 1 was about 10 feet away when he discharged his firearm. He stated that there was no option to take cover, since the officers were in the middle of the street. After Subject 1 was shot, Officer A requested an ambulance. In a statement with IPRA, Officer C, stated he was working Beat 762E with Officer B, during the time of the incident. Officers B and C were responding to a shots fired call at approximately 66th and Halsted Street. Officer C stated he and Officer B observed Subject 1, who was wearing white shorts and a black T-shirt, running eastbound on 66th Street toward their unmarked Chevy Tahoe, #2634. After Subject 1 turned on Sangamon, the officers began pursuing him. They were chasing Subject 1 on foot, and noticed Officer A chasing him as well. Officers B and C were running behind Officer A. Officer C observed Subject 1 turn around with a blue steel semi-automatic handgun in his hand. He heard Officer B say, “Gun, gun, shoot, shoot!” Officer A drew his weapon and fired twice at Subject 1. Officer C stated that Subject 1 was about 5-7 feet away from Officer A. After Subject 1 was shot, Officer C conducted a protective pat down on him. A second firearm was found on Subject 1 and he was handcuffed. In a statement with IPRA, Officer B stated he was working Beat 762E with Officer C at the time of the incident. Officer B related essentially the same information as Officer C. Officer B added he saw Subject 1 turn around and observed him holding a blue firearm in his right hand. He yelled, “Gun, gun, shoot, shoot!” to Officer A. After Subject 1 was shot, Officer B stated that his handcuffs were used to handcuff Subject 1 but is unsure as to who handcuffed him. Officer B added that the second firearm was found in the front right pants pocket of Subject 1. In a statement with IPRA, Witness 1 stated he was in front of his home when he observed nine young black males going north on Sangamon Street. Several minutes later, he saw three males running south on Sangamon Street with police officers in pursuit. The males split up and one male was left running in the street. Witness 1 stated he heard the 3 INDEPENDENT POLICE REVIEW AUTHORITY LOG #1062912/U#13-23 officers yell toward the male to drop the gun. He heard two gunshots and saw a weapon on the ground. Witness 1 stated he could not see the male because his parked vehicle obstructed his view. The officer closest to the male fired twice, and Witness 1 stated the officer appeared to be either white or Hispanic. In a statement with IPRA, CPD Sergeant 1, related that he was working Beat 720, and responded to a report of multiple loud reports (gunshots) in the area of 65th and Peoria Street. CPD Sergeant 1 heard a call on his radio about one of the tactical units involved in a foot pursuit at approximately 6500 S. Sangamon. CPD Sergeant 1 stated he was about four houses away when he saw the officers running toward Subject 1. He heard two shots fired and called for an ambulance. Subject 1 was resisting arrest after he was shot and was still alive when he was taken into custody. When Subject 1 was being arrested, a second weapon was recovered from him. A revolver was recovered from Subject 1’s right pants pocket. Around this time, Subject 1 ceased breathing. CPD Sergeant 1 took over the duties of crime scene sergeant and directed officers to secure the scene and the dropped weapon. When the ambulance arrived, the paramedics placed heart monitors on Subject 1. Subject 1 had a pulse at this time. CPD Sergeant 1 stated he did not directly observe the shooting. He did observe a gunshot wound to Subject 1’s left arm. The Original Case Incident Report relates that Subject 1 committed aggravated assault towards Officers A, B and C at 6610 S. Sangamon Street. The report indicates the officers had no relationship with Subject 1. Subject 1 was transported to Christ Memorial hospital by CFD Ambulance 14 with a fatal injury. The report shows Subject 1 as a black male, 15 years of age, with black hair and a dark complexion. Subject 1 is shown as the owner of a pistol and a revolver found in his possession. The Tactical Response Reports completed by Officers A, B and C related that, Subject 1 did not follow verbal direction and fled from the officers. Subject 1 was armed with a semi-automatic weapon and presented himself as likely to cause death or great bodily harm. Officer A related he fired twice at Subject 1. He used a department issued Glock 19 semi-automatic pistol with serial number SAP324. Subject 1 was about 5-10 feet away from Officer A. The incident occurred outdoors in clear weather conditions under good artificial lighting. The Officer’s Battery Reports completed by Officers A, B and C related, the officers were responding to a call regarding a man with a gun. Subject 1 was armed with a semi-automatic weapon and used the weapon to hold the officer at gunpoint. There were no injuries inflicted to the officers. The Case Supplementary Report listed Officers A, B and C as victims of the incident. The report related that, Subject 1 committed aggravated assault with a handgun toward the officers. Subject 1 possessed a pistol and a revolver at the time of the incident. 4 INDEPENDENT POLICE REVIEW AUTHORITY LOG #1062912/U#13-23 The Unit Inventory list from 17 June 2013 showed a 2013 Ford Intercept, #PD8862, a 2005 Chevy Impala, #PD3839, and a 2011 Chevy Tahoe, #PD2634 were in use on 16 June 2013. The Event Query showed there were calls relating about a group of males running. There were about 15-16 shots fired from an automatic weapon around 6600 S. Green Street. The reports show units 6769D, 762B, 762E, and 710R present at the location. The event query included remarks about an officer giving dispatch a description of a male the officer was chasing by foot. There were remarks about shots fired by police. Subject 1 had a gunshot wound to the chest and was in critical condition. The event query related Ambulance 14 was on scene and transported Subject 1 to Christ Hospital where he was pronounced dead. The MIS GPS 001 Report showed Beat 767D in vehicle #3839. The report showed vehicle #3839 in motion until about 2253 hours. The report listed all the vehicles in the vicinity of 6610 S. Sangamon along with their coordinates. The Chicago Fire Department (CFD) Incident Report #131672101 related that Subject 1 was found unresponsive and not breathing upon their arrival. The ambulance was called to the location because of a gun shot wound initiated by the responding officers when Subject 1 did not comply. Subject 1 was found lying on the west parkway with a gun in his pocket and another gun in the middle of the street. The report related Subject 1 had a gunshot wound to the left flank area of the ribs with no exit wound. He was found lying on his right side with his back bleeding. The reported related that he was given advanced life support care, then bi-lateral needle decompression. The ambulance transported Subject 1 to Christ Hospital. The CPD Crime Scene Processing Report lists all the inventoried items found at the crime scene, including a Glock 19C, expended shells, an extended magazine, swabs of biological material, a GSR kit, and Officer A’s weapon and ammunition. The report stated the pistol recovered from Subject 1 had serial #NPL946 and was stolen from Hammond, Indiana. The revolver recovered from Subject 1 had serial #BPU8634 and was not registered. The revolver was a Smith and Wesson 640 and contained five spent cartridges. The ISP Division of Forensic Services Laboratory Report showed Officer A’s weapon was found to be in firing condition. The report related that a bullet and two casings found at the scene were fired from Officer A’s weapon. The pistol Subject 1 possessed was found in operable condition. A Canvass found several witnesses who observed part of the incident. Witness 2 did not witness the incident but was awakened by the gunshots. Witness 2, who resided at 6615 South Sangamon Street, went to the window and observed a black male lying on the ground and a handgun on the ground next to the male. He also observed the male being removed by an ambulance minutes later. 5 INDEPENDENT POLICE REVIEW AUTHORITY LOG #1062912/U#13-23 A Sketch showed Subject 1 running northbound on Sangamon Street at the time of the incident. Officer A was in front of 6615 S. Sangamon Street when he fired twice at Subject 1. Subject 1 fell in front of 6610 S. Sangamon on the grass next to the curb. The sketch showed the location of a POD camera at Sangamon and 66th Street. Locations of the evidence markers are drawn and noted. The sketch was drawn by Evidence Technician 1. Photographs showed Subject 1’s firearms. A pistol was shown with an extended magazine and a revolver. Photographs of Subject 1 showed stitches at the left side of his chest and the bullet entry wound on his upper left arm. Photographs of the scene showed the layout of the location, Subject 1’s weapon, blood in the grass in front of 6610 S. Sangamon, and the location of the evidence markers. POD 1082 showed images of a black male running north on the 6600 block of Sangamon Street. A tactical officer was seen following the male. The images then show the crime scene being secured with tape. The OEMC calls included radio transmissions about units responding to multiple shots fired. The call stated there were several males running westbound and the officer stated the firearm was definitely an automatic weapon. The officer gave a description of Subject 1 and his location. The officer stated Subject 1 was shot at 6610 S. Sangamon and he requested an ambulance. The officer stated the shots were fired by the police and Subject 1 was shot in the chest. The In-car camera from car #8862, showed that it was assigned to CPD Sergeant 1. The images showed the location of the shooting, the officers handcuffing Subject 1, the recovered gun in the street, the ambulance arriving and leaving with Subject 1, and the crime scene being secured. The Report of the Postmortem Examination of Subject 1, revealed a gunshot wound to his upper right arm and his chest. The medical examiner, Doctor A, identified a gunshot entry wound to Subject 1’s upper right arm. The round then exited the right arm and entered the left side of his chest. The bullet went through Subject 1’s left lung, through his pulmonary artery, right ventricle, then into his right lung. Doctor A did not observe any powder or tattooing around the entrance wound, which indicated Subject 1 was not shot at close range. The Autopsy report included photos of Subject 1’s clothing, including his shirt with a bullet hole, and the spent round found in Subject 1’s chest. The autopsy report included close up photos of Subject 1’s face, torso, and legs both front and back. These photos showed the entry wound on his upper left arm, the exit wound of the left arm, and the entry wound into his chest. Doctor A found the cause of death to be a gunshot wound to the left arm and chest, and the manner of death to be a homicide. The Medical Records from Christ Hospital indicated that Subject 1 had a gunshot wound to the left axillas. During CPR, Subject 1 never showed vital signs and never regained consciousness. He showed no verbal response, no motor response, and no eye opening movement. There was no pulse or circulation. The doctor pronounced Subject 1 6 INDEPENDENT POLICE REVIEW AUTHORITY LOG #1062912/U#13-23 dead. The doctor’s diagnosis was an open arm wound, open wound axillae, hemothorax, traumatic arrest, pneumothorax, and acute blood loss anemia. Civil Suit 13 CV5871 was filed on behalf of the estate of Subject 1 for wrongful death. 7 INDEPENDENT POLICE REVIEW AUTHORITY LOG #1062912/U#13-23 CONCLUSION AND FINDING: This investigation found that Officer A’s use of deadly force was in compliance with Chicago Police Department policy. According to the Chicago Police Department’s General Order 03-02-03, III (A): 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 like or inflict great bodily harm unless arrested without delay.” Officer A was taking part of locating a subject with a gun who was suspected of firing multiple shots. After locating the subject, now known as Subject 1, the officers chased him and attempted to take him into custody. Subject 1 attempted to evade arrest by attempting to harm the officers. Officer A, who was in fear of his life and the life of his fellow officers, fired at Subject 1. All witnesses and officers present at the incident confirm the incident as stated above. Therefore, based on the totality of circumstances surrounding the incident, Officer A’actions were in compliance with the Use of Force model and general orders. 8