Independent Police Review Authority
INVESTIGATION
NUMBER:

U# 06-30

REFERENCE:

RD HM-525941 – Aggravated Assault to a Police Officer

OFFICER #1
INVOLVED:

OFFICER’S
INJURIES:
OFFICER #2
INVOLVED:

“Officer A” (Chicago Police Officer); Male/White; 29 years old;
On-Duty; In uniform; Year of Appointment – 1999
None Reported

“Officer B” (Chicago Police Officer); Male/White; 34 years old;
On-Duty; In uniform; Year of Appointment – 1998
(DID NOT DISCHARGE)

OFFICER’S
INJURIES:

None Reported

SUBJECT:

“Subject 1”; Male/Black; 14 years old

SUBJECT’S
INJURIES:

One gunshot wound to the lower right abdomen; one gunshot
wound to the left upper thigh; one gunshot wound to the left wrist
(Non - Fatal)

INITIAL
INCIDENT:

Attempted Armed robbery of an unknown male

DATE/TIME
OF INCIDENT:

07 August 2006, at 1731 hours

LOCATION:

424 West Division Street
Beat 1821

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SUMMARY OF INCIDENT:
On 07 August 2006, at 1731 hours, Chicago Police Sergeant A, Beat 1820, was
driving in the vicinity of 424 West Division Street, Chicago, IL, when he was flagged
down by an unknown black male. The unknown black male informed Chicago Police
Sergeant A that two black males with guns just attempted to rob him. At that time, the
unknown black male provided a physical description of one of the individuals who
attempted to rob him (a black male wearing a red shirt and black headband) to Chicago
Police Sergeant A. Chicago Police Sergeant A sent a “flash message” via the Office of
Emergency Management and Communications (OEMC) of “a person with a gun.” The
“flash message” also contained a physical description of the individual who was
identified to Chicago Police Sergeant A.
As Officer B and Officer A, Beat 1821, drove east on Division Street near
Clybourn Avenue, in response to the “flash” message of a man with a gun, they
observed a black male subject who matched the description of the offender in the flash
message. The officers inquired if the man with a gun was wearing a black headband or
“do rag.” Chicago Police Sergeant A confirmed the description.
Officer B and Officer A approached the black male, now known as Subject 1,
while in their vehicle and attempted to conduct a field interview at the intersection of
Division Street and Clybourn Avenue. Subject 1 ignored the officers’ orders to stop and
show his hands. Subject 1 walked south across Division Street at a fast pace while
holding his side and crossing in front of the officers’ marked squad car, which had its
emergency equipment activated. Officer B and Officer A exited their vehicle and drew
their weapons. Officer A yelled three (3) times to Subject 1, “Let me see your hands.”
As Subject 1 turned to face the officers, he pointed a gun at them. Officer A saw the
gun in Subject 1’s hand and in fear of his life, fired his weapon four (4) times, striking
Subject 1 three (3)times. Officer B and Officer A secured Subject 1’s weapon and
discovered that it was a BB gun. The officers notified OEMC of the shots fired and
requested medical assistance for Subject 1.

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INVESTIGATION:
Chicago Police Sergeant A related to the Roundtable panel an account of the
incident that was consistent with the Summary of Incident. Chicago Police Sergeant A
related that on 07 August 2006, at approximately 1730 hours, while he was driving
eastbound on Division Street near Sedgwick Street, he was flagged down by an
unknown black male. The unknown black male reported that two unknown black males
had just attempted to rob him using guns. Chicago Police Sergeant A observed a black
male wearing a red shirt running northbound with a gun and holding his side. Chicago
Police Sergeant A notified OEMC via “flash message” of a “person with a gun” and
included a description of the offender. Chicago Police Sergeant A heard Beat 1821
report shots fired and relocated to the scene of the shooting. Chicago Police Sergeant
A observed a black male and a gun on the ground.
Witness 1 related to the Roundtable panel, that on 07 August 2006 he and his
friend, Subject 1, met in Seward Park and both went to Sammy’s restaurant at Orleans
and Division Streets to eat. Subject 1 complained to Witness 1 about a bigger boy that
had been bothering him. Subject 1 asked Witness 1 to fight the bigger boy and Witness
1 agreed. Witness 1 stated that Subject 1 gave him a pellet gun with an extra clip, extra
pellets and an extra CO 2 container. Witness 1 stated that he saw that Subject 1 had a
BB gun that looked like a .45 automatic. Witness 1 further described Subject 1’s BB
gun as chrome and black. Witness 1 and Subject 1 found the black male that Witness 1
was to fight in the vicinity of Division and Sedgwick Streets. Witness 1 related that he
never saw the black male that Subject 1 wanted him to fight prior to the date of this
incident and he does not know his name. Witness 1 and the unknown black male
exchanged punches but Subject 1 was not involved in the fight. The unknown black
male backed into the street and flagged down a police car. Witness 1 dropped his pellet
gun in the bushes near 343 West Old Town Court, then picked the gun up. Witness 1
related that as more police arrived, he again dropped it in the street. Meanwhile,
Witness 1 saw Subject 1 run westbound through a parking lot toward Clybourn Avenue.
Subject 1 jumped over a fence surrounding the parking lot. Witness 1, who was
standing at Division Street and Sedgwick Street, heard a police officer yell, “Freeze” and
saw Subject 1 keep running. Witness 1 then heard shots fired. Witness 1 stated that
he did not see any officer shoot.
Witness 2 related to the Roundtable panel, that on 07 August 2006 at
approximately 1730 hours, he exited the Starbucks near Division Street and Clybourn
Avenue. Witness 2’s vehicle was parked in a parking lot approximately 150 feet away
from the intersection of Division Street and Clybourn Avenue. Commotion near the
intersection caught Witness 2’s attention. Witness 2 observed a squad car stopped in
the middle of the intersection, and a black male, now known to be Subject 1, was
standing in front of the car and two uniformed police. Subject 1 “whipped” around with
his hands out. Witness 2 stated that Subject 1’s hands were not above his head or in
his pockets. Witness 2 heard one of the officers shout the word “gun” in a sentence but
Witness 2 could not understand the rest of the sentence. Witness 2 then heard three or
four shots and ducked behind another vehicle. When the shooting stopped, Witness 2
ran to the parking lot fence and observed one officer kneeling by Subject 1 on the

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street. Witness 2 stated that he heard the officer ask Subject 1, who had been shot,
why he (Subject 1) pointed a BB gun at him.
Witness 3 related to the Roundtable panel that on the date and time of this
incident, he was driving east on Division Street near Clybourn Avenue and behind a
marked squad car. A black male in a red shirt, now known as Subject 1, ran from a
fenced parking lot across the street. Subject 1 held his pants while he ran. The squad
car activated its emergency equipment. Witness 3 slowed his car and watched the
incident in the rearview mirror. Witness 3 heard screaming but could not determine who
was screaming or what was screamed because his windows were up. Witness 3
observed Subject 1 near the front of the squad car as the two male officers exited the
squad car. The officers stood near their doors and yelled at Subject 1. Witness 3 could
not hear what the officers yelled. Witness 3 then heard gunshots and saw Subject 1 and
a gun fall to the ground. Witness 3 estimated that his car was approximately ten (10)
feet away from the shooting.
Detective A related to the Roundtable panel that he responded to Children’s
Memorial Hospital where Subject 1 received treatment for his injuries. Detective A
stated that Subject 1 suffered gunshot wounds to the lower left abdomen, upper right
thigh, and a graze wound to the left wrist. Detective A stated that the bullets from the
abdomen and thigh wounds were lodged in Subject 1’s body. Detective A stated that a
red, short sleeve, polo-style shirt and a canister of BBs with a CO 2 cartridge (the type
used in BB guns) were in Subject 1’s possession.
Officer B related to the Roundtable panel an account of the incident that was
consistent with the Summary of Incident. On 07 August 2006, Officer B and Officer A
were assigned to Beat 1821. Officer B, who identified himself as the driver officer,
related that he was driving a marked squad car east on Division Street, when the
officers received a “flash message” of a “person with a gun.” The message identified
the “person with a gun” as a black male wearing a red shirt. Officer B and Officer A
observed a black male, now known to be Subject 1, who matched the description
contained in the “flash message.” Officer B observed Subject 1 holding his right side as
he walked across the street. Officer B inquired to the OEMC dispatcher if the person
with a gun had a black “do-rag” and received an affirmative answer to his query. Officer
B and Officer A yelled for Subject 1 to stop and put his hands up. Subject 1 turned
around and produced a handgun from his right pocket. Officer A ordered Subject 1 to
drop the gun and get on the ground. Subject 1 did not comply with Officer A’s verbal
commands. Officer B acknowledged that Officer A discharged his weapon three to four
(3-4) times. Officer B indicated that Subject 1, who was facing west, pointed the
handgun at Officer A when Officer A fired.
Officer A related to the Roundtable panel an account of the incident that was
consistent with the Summary of Incident. On 07 August 2006, Officer B and Officer A
were assigned to Beat 1821. Officer A rode in the front passenger seat while Officer B
drove their assigned squad car. The officers received a “flash message” of a “person
with a gun.” The message described the person with a gun as a black male wearing a

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red short sleeve shirt. The officers observed a black male subject wearing a red shirt,
now known as Subject 1, standing near a corner. Officer B inquired if the subject of the
“person with a gun” call was wearing a black “do rag” and Beat 1820 answered, “yes.”
Officer B pulled up near Subject 1. Subject 1 held his side as he walked southbound
across Division Street toward Seward Park. The officers exited their vehicle, drew their
weapons and ordered Subject 1 to stop and show his hands. Subject 1 turned around,
pulled a handgun from his pocket and pointed it at Officer A. Officer A, fearing for his
life and safety, discharged his weapon approximately four times. Officer A notified
OEMC of shots fired and requested EMS for Subject 1. Officer A observed a shiny steel
semiautomatic pistol under the squad car. (Att. 2).
The related Department Reports, including the report of Assistant Deputy
Superintendent, Office of the First Deputy Superintendent, Aggravated Assault to a
Police Officer Report HM-525941, related Case reports, Tactical Response Report,
Subject 1’s Arrest Report, Original Case Incident Report and Detective Case
Supplementary Report provide accounts of the incident that are consistent with the
Summary of Incident. Officer A fired his weapon four times, after Subject 1 not only
refused to drop his weapon when so ordered, but then pointed his weapon at officers.
The Case Supplementary Report identifies Witness 5, Witness 6, Witness 1, Witness 3,
Witness 4, Witness 13, Witness 12, Witness 11, Witness 7, Witness 8, Witness 10 and
Witness 9 as witnesses to the incident, who were interviewed by the detectives. Their
respective interviews are as follows.
Witness 3 related to the detectives that on the date and time of this incident, he
was driving his vehicle westbound on Division at Orleans Street when he observed a
black male subject, now known to be Witness 1, stop a squad car, which was being
driven by a male white sergeant, now known to be Chicago Police Sergeant A. Witness
3 heard Witness 1 tell Chicago Police Sergeant A about a robbery as he pointed
westbound on Division Street. Witness 3 heard Chicago Police Sergeant A say
something on the radio and observed him make a u-turn onto Division Street. Witness
3 observed Chicago Police Sergeant A pull into the Dominick’s lot. Witness 3 observed
Witness 1 run northbound on Sedgwick Street from Division Street. Witness 3 pulled
his vehicle into the Dominick’s lot. Witness 3 observed a black male subject, now
known to be Subject 1 lying on Division Street, next to the front of the police vehicle,
and a handgun lying in the middle of the street almost underneath the vehicle. Witness
3 related that a large and unruly crowd began to gather. Witness 3 opted to shop at
another location and left the scene.
Witness 4 related an account to the detectives which was consistent to the
account provided by her husband, Witness 3.
Witness 5 related to the detectives that on the date and time of this incident, he
was inside the living room of his apartment when he heard four gunshots. Witness 5’s
live-in girlfriend, Witness 6, was not in the residence at the time of the incident as she
had gone out to walk the dog. Witness 5 walked to the balcony, which faces south and
observed a person lying in the middle of Division Street, (south of Seward Park) with

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police cars around him. Witness 5 observed a black male subject, now known to be
Witness 1 walking east on Division Street from Sedgwick Street. 1 Witness 1 would run a
few steps then stop and begin walking as he kept looking behind him and appeared to
be nervous. Witness 5 observed Witness 1 remove a large silver/dark colored handgun,
possibly a .45 caliber automatic from the right side of his body. Witness 1 initially placed
the handgun into a grassy area near a pillar located on the south side of his building
complex next to Division Street but then retrieved the handgun and placed it into his
pocket on the right side of his body. Witness 1 then tossed the gun under a car and ran
southwest across Division Street to Seward Park. Witness 6 returned home and joined
Witness 5 on the balcony. Witness 6 asked Witness 5 if he heard the gunshots. Witness
5 informed Witness 6 that he did. Witness 5 then told Witness 6 that Witness 1, who
was running across Division Street toward Seward Park, tossed the gun under a car
and pointed out the gun under the car to her. Witness 5 and Witness 6 observed several
officers in the area of Division Street and Sedgwick Street and informed them what they
observed.
Witness 6 related to the detectives that on the date and time of this incident, she
left her apartment to walk her dog. Witness 6 heard people yelling and observed two
(2) black male teenagers wearing white shirts, fighting on the street near Division Street
and Sedgwick Street. A passing car pulled up and told the teens to knock it off. The
teens separated from each other. A few minutes later Witness 6 heard four (4) shots.
Witness 6 returned home and observed her boyfriend, Witness 5, on their balcony
which faces south over looking Division Street and Seward Park. Witness 5 pointed at
a black male teenager, now known to be Witness 1, down on the street and told
Witness 6 that he (Witness 1) tried to hide a gun in the bushes. 2 Witness 6 then
observed Witness 1 drop the gun in the middle of Division Street and continue
westbound to Seward Park. Witness 6 alerted the police in the area, who secured the
scene and gun. Witness 6 described the gun she observed as silver and that it
appeared that the clip was out.
Witness 7 related to the detectives that he told a news reporter that he observed
the police chasing a black male subject with a gun in his hand into the intersection of
Division Street and Clybourn Avenue. Witness 7 heard the police yell “drop your gun” to
the black male subject who was still holding the gun in his hand. Witness 7 related that
he observed the black male subject get shot by the police. Witness 7 felt that the police
did not have to shoot the black male subject as he (the black male subject) was going to
drop the gun. Witness 7 related that he told a detective on the scene what he observed.
The detectives asked Witness 7 if he would be willing to go to Area Three to continue
his interview and Witness 7 agreed. While en route to Area Three, Witness 7 told the
detectives that he was hungry and the detectives bought him a cheeseburger, fries and

1

Witness 5 described Witness 1 as a black male, approximately fourteen to sixteen (14-16) years of age,
thin build, medium complexion, with either a shaved head or closely cropped hair, wearing a white teeshirt with a reddish/bluish painted design, and dark colored baggy shorts.
2
Witness 6 described Witness 1 as a black male, fourteen to sixteen (14-16) years old wearing a white
shirt with blue writing on the front and blue shorts.

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an orange soda from Wendy’s.
reconvened.

When Witness 7 was finished eating the interview

Witness 7 was walking towards Seward Park, when he heard someone state
“Police, drop the gun,” three (3) times. Witness 7 then heard several gun shots, which
at first he believed to be fireworks. Witness 7 hid behind the clock tower near Division
Street and when he looked around he observed a black male, now known to be Subject
1 lying in the street with a handgun lying next to him. Witness 7 related that when more
police arrived on scene, one of the officers approached the location where he was
standing with a group and asked if anyone observed what occurred. Witness 7 did not
say anything and did not speak to any officer(s) regarding what he observed.
When the detectives asked Witness 7 why his account conflicted with the
account he previously provided, Witness 7 related that the account he provided to the
media was what he observed and overheard from other people but that he made it
sound as if he witnessed the entire thing. Witness 7 went on to inform the detectives
that prior to providing his account to the media, he asked to be paid for the interview
and thought he might be able to make some money if the interview was good. Witness
7 related that the account that he provided at Area Three was factual. Witness 7
reiterated that he only heard three (3) shots and did not see the shooting.
Witness 8 related to the detectives that on the date of this incident he was riding
his bicycle eastbound through the Dominick’s parking lot when he observed a black
male subject wearing a red shirt, now known to be Subject 1, running from Sedgwic
Street through the parking lot towards Division Street. The way Subject 1 was running
led him to believe that Subject 1 may have just stolen something and he (Witness 8)
considered running to stop him (Subject 1). Witness 8 was approximately eight to ten
(8-10) feet from Subject 1 as he ran past him. Subject 1 repeatedly looked over his
shoulder as he continued running eastbound. Witness 8 heard gunfire and observed
Subject 1 to have a gun in his hand, but was not sure if the subject was raising or
lowering the gun. Witness 8 saw Subject 1 fall to the ground on his side, still holding
the gun. Witness 8 was unsure of the number of shots he heard, but believed it was
three (3) or four (4). Witness 8 did not see the police until he looked over his shoulder
and heard gun shots. Witness 8 did not hear anyone say or shout anything because of
the traffic and street noises.
Witness 9 related to the detectives that on the date and time of this incident, he
was driving eastbound on Division Street with a police vehicle in front of him. The
police vehicle turned left onto Clybourn Avenue. Witness 3 observed a black male
teenager in a red shirt running on Division Street. Witness 3 heard the passenger
officer yelling something. The police vehicle then turned right back to Division Street
and went in the direction of Subject 1, who was running. According to Witness 3, it
appeared as if the police vehicle was going to hit Subject 1. The police vehicle slowed
down as it closed in on Subject 1. Subject 1 put his hand out and appeared to place
them on the hood of the police vehicle. The officers exited their vehicle as they unholstered their weapons. Subject 1 was facing the officers, when one of the officers fired

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his weapon. Witness 3 heard three (3) shots in quick succession. Subject 1 fell to the
ground and an object fell to the ground as well. The officers re-holstered their weapons
and secured Subject 1. Other police vehicles and CFD vehicles arrived on the scene.
Witness 3 parked his vehicle in the Dominick’s parking lot and walked over to the police
vehicle which was involved in the in the incident. Witness 3 related that the object he
observed Subject 1 drop to be a black gun. Witness 3 related that a large crowd
gathered and shouted at the police. Witness 3 related that he observed most of the
incident from his rear view mirror.
Witness 10 related to the detectives that on the date and time of this incident, he
was a customer in the Blockbuster Video store with Witness 11. Subject 10 looked out
the window and observed a black male subject, now known to be Subject 1, run across
the lot. Subject 10 then heard a “couple of shots” and observed Subject 1 lying on the
street.
Witness 11 related to the detectives that on the date and time of this incident,
she was a customer in the Blockbuster Video store with Witness 10. Subject 11 heard
shots and observed a subject, now known to be Subject 1 on the ground.
Witness 1 related to the detectives that on the date of this incident he was
parked in the Dominick’s parking lot when he heard an officer yell loudly about a gun.
Witness 2 turned to see two (2) officers standing outside a police car and a black male
subject, now known to be Subject 1 holding his hand to his side as he walked
southbound. Witness 2 observed Subject 1 turn at the waist to face the officers.
Witness 2 heard three to four (3-4) shots and walked toward the street, where he
observed an officer kneeling over Subject 1, who was lying in the street. Witness 2
heard the officer ask Subject 1 “Why did you make me shoot you, you pointed a BB gun
at me.”
Witness 12 related to the detectives that on the date and time of this incident,
she was driving eastbound on Division Street near Orleans Street with her godmother,
Witness 15. Witness 12 heard three (3) or four (4) shots and heard an impact at the rear
of her car. Witness 12 drove to 950 North Michigan and upon inspection of her vehicle
she observed a hole in the rear hatchback. A closer inspection revealed a pellet on the
rear floor of her auto. Witness 12 called the police and was escorted to the scene of the
incident where the pellet was recovered.
Witness 13 related to the detectives that on the date and time of this incident, he
was driving eastbound on Division Street, two (2) cars behind a marked squad car. As
traffic proceeded east, Witness 13 observed the squad car veer towards the north side
of Division Street. The signal changed and Witness 13’s vehicle was now next to the
squad car. Witness 13 heard the officers yelling for a black male youth, now identified
as Subject 1 to “stop” and “put your hands up.” Witness 13 put his hands up because he
thought the officers might have been talking to him. Subject 1 continued walking and
made a motion towards his side while turning his body at the waist. Witness 13 felt
Subject 1 was “going to pull a gun,” and ducked down in his seat. Witness 13 then

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heard four (4) shots. Witness 13 looked up and observed Subject 1 fall to the ground.
Witness 13 continued driving until he got to the light at Sedgwick Street, where he saw
Subject 1 being placed in handcuffs (from his rear view mirror). Witness 13 related that
the officers repeatedly told Subject 1 to stop but Subject 1 did not comply. (Atts. 4, 5, 6,
7, 8, 34, 37, 38, 39, 41, 42).
The Chicago Fire Department (CFD) Ambulance Record indicates that EMTs
found Subject 1 lying in the street, at the intersection of West Division Street and North
Clybourn Avenue, with multiple gunshot wounds. Subject 1 was transported to
Children’s Memorial Hospital. (Att.18).
The Hospital Medical Reports of Subject 1 indicate that Subject 1 was admitted
to Children’s Memorial Hospital on 07 August 2006, and 14 November 2006,
respectively for treatment of injuries sustained as a result of this incident. 3 On 07
August 2006, Subject 1 was transported to Children’s Memorial Hospital via CFD
Ambulance on 07 August 2006. Subject 1 was diagnosed with three (3) gun shot
wounds (abdomen, left arm, left leg). During the course of his admission, Subject 1
underwent six (6) surgical procedures to remedy injuries he sustained as a result of this
incident. Subject 1 was discharged on 26 August 2006 and instructed to follow up with
his treating physicians. (Atts. 59, 60, 61).
The Office of Emergency Management and Communications (OEMC)
Recording(s) of relevant transmissions made by both citizens and Department
Personnel and related Event Queries provide information consistent with the Summary
of Incident including the reporting of shots fired by the police and ambulance request.
(Atts.11,11A-11Q, 25, 25A).
The Major Crime Scene Report, the Crime Scene Processing Report,
Evidence Technician Photographs and Videotape depict the location of the incident
and recovered evidence. PO Officer A’s weapon, a 9MM Sig Sauer, model P226, was
inventoried under #10798461. Subject 1’s weapon, a Daisy Powerline, model 93, Co 2
cartridge powered, was inventoried under #10798533. The weapon recovered at 354
West Division Street, dropped by Witness 1, a Crosman, repeater model, cal .177, was
inventoried under #10798536. (Atts. 9,12,12A-12Z,12AA,12BB,43,44).

A report from the Illinois State Police, Division of Forensic Services dated 9
August 2006, indicated that no latent impressions suitable for comparison were
obtained from Exhibit 10 (Crosman Air gun/Witness 1) and Exhibit 11 (Daisy Model 93
Air gun/Subject 1), inventory #10798536 and #10798533. (Att. 40).

3

Subject 1’s outpatient records were also obtained. (Att. 61).

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A report from the Illinois State Police, Division of Forensic Services dated 16
August 2006, indicated that Officer A’s weapon was examined, test fired, and found to
be in firing condition. (Att. 28).
A report from the Illinois State Police, Division of Forensic Services dated 31
August 2006, indicated that the weapon Witness 1 dropped a Crosman air gun, model
1008, appeared to be functioning properly but was not test fired. Additionally, Subject
1’s weapon, a Daisy Model 93 appeared to be functioning properly but was not test
fired. (Att. 32).
A report from the Illinois State Police, Division of Forensic Services dated 22
May 2007, indicated that swabs, from the Crosman air gun, inventory number 10798542
and swabs from the Daisy BB gun, inventory number 10798539, were preserved.
(Att. 35).
The Independent Police Review Authority (IPRA) 4 reports that:
A canvass conducted in the vicinity of 424 West Division Street did not identify
additional witnesses. (Atts.10,10A).
Attempts to interview Victim/Subject Subject 1 relative to this incident were
unsuccessful. Subject 1’s criminal attorney, Attorney A informed IPRA that his client
would not be providing a statement to IPRA. (Atts. 30, 30A).
Attempts to interview Witness 1 relative to this incident were met with negative
results. (Atts. 24, 33).
In a statement with IPRA, on 09 August 2006, Witness 3 provided an account of
the incident consistent with the Summary of Incident and related Department reports.
While Witness 3 advised the Roundtable panel that he saw a gun fall when Subject 1
was shot, Witness 3’s statement to IPRA indicates that an unknown object fell from the
youth (Subject 1) at the same time he was shot. Furthermore, Witness 3 stated that he
saw an officer point his weapon and fire four (4) shots at the black male. (Att.17).
In a statement with IPRA, on 10 August 2006, Witness 14 stated that he was
driving west on Division Street near Sedgwick Street when he observed a black male
wearing a white tee-shirt with airbrush writing and blue basketball shorts. 5 The black
male dropped a black gun to the ground that he obtained from his shorts waistband and
continued walking. Witness 14 called “911.” Witness 14 then left the area. He did not
hear any gunshots. (Atts. 21, 21A).
4

In November 2007, the Office of Professional Standards (OPS) became the Independent Police Review
Authority (IPRA). Hereinafter any and all references to the Office of Professional Standards (OPS) will
be identified as Independent Police Review Authority (IPRA).
5
Witness 14 was identified as the OEMC caller in Event 0621916116. (Att. 11B).

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In a statement with IPRA, on 14 August 2006, Witness 12 stated that she was
driving her vehicle in the vicinity of Division and Sedgwick Streets on the date and time
of the incident with a passenger Witness 15. 6 Witness 12 heard four (4) gunshots
followed by what sounded like an object striking the rear of her car. Witness 12 did not
witness the shooting. Witness 12 then dropped off a passenger and saw a bullet hole in
her rear hatch door. Witness 12 called “911.” (Atts. 26, 26A, 26B).
In a statement with IPRA on 14 August 2006, Witness 15 stated that she was a
passenger in a vehicle being driven by her goddaughter, Witness 12, in the vicinity of
Division and Sedgwick Streets on the date and time of the incident. 7 In the vicinity of
Division Street and Clybourn Avenue, Witness 15 heard a siren, immediately followed
by four loud bangs that sounded like gunshots. Witness 15 was afraid so she just
looked straight ahead out the front window. When she and Witness 12 exited the
vehicle she observed a small bullet hole on the outside of Witness 12’s trunk. Witness
15 did not witness the shooting. (Atts. 27, 27A).
In a statement with IPRA on 12 May 2009, Witness 8 stated that on the date and
time of the incident, Witness 8 was riding his bike through the Dominick’s parking lot on
West Division Street. When Witness 8 reached the middle of the lot, he observed a
young black male, about twenty (20) years old, running southwest through the parking
lot. He looked like he was running from something. Witness 8 continued to the east
corner of Division and Sedgwick Streets. Witness 8 heard a gunshot, turned west and
saw the police with the same black male on the ground in front of the police car.
Witness 8 rode his bike back toward Clybourn Avenue and when he got to the west side
of the police car, he observed a gun under the bumper of the police car. One of the
officers appeared to be shook-up and asked the black male, “Why did you make me do
that.” (Atts. 45, 46).
In a statement with IPRA, on 19 May 2009, Witness 13 provided an account of
the incident consistent with the Summary of Incident and related Department reports.
On the date and time of the incident, Witness 13 was driving east on Division Street,
waiting for the light at Clybourn Avenue and Division Street to turn green when he heard
sirens behind him. The light turned green and traffic began to move. A marked police
car passed Witness 13 on the left, made a left turn on Clybourn Avenue and then circled
back east onto Division Street. Two white police officers exited the police vehicle. At
this point, Witness 13 was even with the police vehicle at Division Street and Clybourn
Avenue, when he heard the officers yell, “Stop, put your hands up in the air.” Witness
13’s car window was down so he complied with the officers’ commands. Witness 13
then turned his head to the left and saw that the commands were for a young black
male who was crossing Division Street in front of the police car. The black male did not
comply with the officer’s commands. Both officers had their guns drawn and both
6
7

Witness 12 was identified as the OEMC caller in Event 0621916370. (Att. 11C).
Witness 15 was identified as the OEMC caller in Event 0621916782. (Att. 11D).

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officers were giving commands. The black male then turned his body toward the
officers and reached to his waist. Witness 13 was not sure which hand the black male
used to reach to his waist. Witness 13 stated that at that point, he turned his head away
and shots were fired. He heard the black male say “It’s a BB gun.” Witness 13 looked
back and the black male was on the ground and the officers were putting handcuffs on
him. Witness 13 provided a Map Quest picture marked with vehicle positions of the
scene. (Atts. 47, 48).
Witness 2 indicated that his Roundtable panel statement would be sufficient for
IPRA and did not provide a statement to IPRA. (Att. 62).
Attempts to contact Witness 6, Witness 3, Witness 4, Witness 11, Witness 7,
Witness 10, Witness 5, who were identified as witnesses to the incident in the Case
Supplementary Report (HM 525941) were unsuccessful. (Atts. 49-55, 62).
Attempts to interview Witness 16 and Witness 7 who identified themselves as
witnesses to the incident to the media were unsuccessful. (Atts.19, 20, 22, 23, 29, 31).

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 Independent Police Review Authority
U# 06-30
CONCLUSION AND FINDING:
This investigation found that the use of deadly force by Officer A was in compliance
with Department policy. According to the Chicago Police Department’s General Order
No. 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 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.”
Officer A and Officer B were responding to a “flash message” of a “person with a
gun” when they observed a male black subject, now known as Subject 1, matching the
description. The officers, who had not exited their marked squad car, attempted to
conduct a field interview at Division Street and Clybourn Avenue. Subject 1 ignored the
officers orders to stop and show his hands and continued walking south across Division
Street in a fast pace while holding his side. Subject 1 crossed in front of the officers’
marked squad car with activated lights. The officers exited their vehicle and yelled at
Subject 1 to, “Let me see your hands.” Subject 1 turned, faced the officers while
holding what the officers thought was a pistol in his hand. When Subject 1 turned and
pointed the weapon at the officers. Officer A fired his weapon four times, striking
Subject 1 three times. The Officers’ actions were in accordance with the requirements of
the Department’s Use of Deadly Force policy. Officer A was reasonably in fear for his
and his partner’s life.

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