I

IN

THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT- LAW DIVISION
Antonio LeGrier, Individually and as the

)

Special Administrator of the Estate of

)

Quintonio Legrier, Deceased

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2016 L 12

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Plaintiff,

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Consolidated lnt§§

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vs.

)

The City Of Chicago, and Robert Rialmo

2015 L 12964

No.

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Defendants

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Robert Rialmo,

)
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Counter-Plaintiff

)
.

vs.

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)
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Antonio LeGrier, as the Special
Administrator of the Estate of Quintonio
LeGrier, Deceased,

)
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Counter-Defendant

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COUNTERCLAIM OF ROBERT RIALMO AGAINST
ANTONIO LEGRIER AS THE SPECIAL ADMINISTRATOR
OF THE ESTATE OF QUINTONIO LEGRIER

'

NOW COMES Counter-Plaintiff Robert Rialmo, by and through one of his attorneys, Joel
A. Brodsky, as his counter-complaint against Antonio LeGrier as Special Administrator of the

Estate of Quintonio LeGrier, states as follows:

FACTS
1.

in

Counter-PlaintiffRobert Rialmo (hereinafter "Officer Rialmo”),

the County of

Cook

in

the State of

Illinois,

and who

at

all

is

an individual who resides

times relevant hereto was employed

a police
by the Chicago Police Department, a Department of the City of Chicago, as

officer, with

 all of the rights and duties of a sworn law enforcement officer.

2. Counter-DefendantAntonio LeGrler as Special Administrator of the Estate of Quintonio
LeGrier, is the legal representative of the Estate of Quintonio LeGrier, who is deoeased.

3. At all times relevant hereto Quintonio LeGrier (hereinafter "LeGrief') was a resident of
the City of Chicago, and was an adult who was fully competent and responsible for his actions.

4. On December 26, 2015, at approximately 4:20 am, Officer Rialmo Was on patrol in a
marked Chicago Police prisoner transportation van, which is commonly known as a "Paddy
Wagon". with one (1) other Chicago Police Officer, in the vicinity 0--Chicago.
Illinois. The said Chicago Police Officers and the vehicle had the designation of"1172R'. Officer
Rialmo was the passenger and the other officer was driving.

5. On DecemberZG, 2015. at approximately 4:20 Officer Rialmo received a dispatch
call for 1172R to respond to a call of a "domestic disturbance . son with baseball bat", at -

-Chicago, Illinois. Officer Rialmo and the other officer proceeded to 

Chicago, Illinois, in response to the dispatch.

B. On Decemberze, 2015, at approximately 4:25 am, Officer Rialmo, along with the other

officer, arrived at --Chicago, Illinois, With Officer Rialmo in front the officers

approached the front of the two (2) story building at that location in response to the aforesaid

dispatch call.

7. Upon arriving at thefrontdoorto the two (2) story building at_ Chicago,
Illinois. Officer Rialmo rang the doorbell and knocked on the front door to the premises.

8. After a few moments, in response to Officer Rialmo's knocks and door bell ringing a
woman, then unknown to Officer Rialmo. but now known as Bettie Jones, stepped outside of her
apartment and opened the front door to building at -- Chicago. Illinois. which
opened inwards. Upon opening the door, Bettie Jones slated to Officer Rialmo. who was standing
just outside of the front door to the building, that "it's upstairs". while pointing upward at the same

.2.

time. immediately after stating and doing this. Bettie Jones turned to reenter her apartment
though the front door to her apartment, which was approximately three (3) to four (4) feet to Officer
Rialmo's front and left,

9, immediately after Bettie Jones turned to rerenter her apartment, Officer Rialmo stepped
into the front doonNay of the building, but was not yet fully inside the front foyer which gives access
to the front doors or both Bettie Jones's apartment, and the upstairs apartment at 
Chicago. Illinois.

lot As Officer Rialmo stepped into the front doorway to the building at--
Chicago. he heard someone charging down the stairway from the upstairs apartment.
Upon hearing this Officer Rialmo stopped in the said front doorway.

11. A moment after Officer Rialmo stopped in the front doorway to the building at-
-, Chicago, a young man, who was unknown to Officer Rialmo at the time. but who
is now known as Quintonio LeGrier. came barging out of the front door to the second floor
apartment while holding a baseball bat in his right hand, LeGrier then grabbed the front door to
the building with his left hand, and pulled the door out of the way, and then plaoed his left hand on
the baseball bat which he was holding in his right hand, cocked the baseball bat back over his right
shoulder, and took a full swing at Officer Rialmo's head, missing it by inches, but getting close
enough for Officer Rialmo to feel the movement of air as the bat passed in front of his face.

12. At the point where LeGrier took the aforesaid first swing at Officer Rialmo they were
only approximately four (4) feet apart,

13t At this point Officer Rialmo backed off to just before the top step ofthe front porch to
the building at -- Chicago, Illinois, While backing off, Officer Rialmo repeatedly
shouted orders for LeGrier to drop the bat. At this point in time Officer Rialmo's handgun was in
it's holster,

14. Instead of following the lawful orders of Officer Rialmo to drop the baseball bat, LeGrier

W3,

advanced on Offioer Rialmo, taking two (2) to four (4) steps onto the front porch of the building at
--, Chicago. Illinois. while taking a second swing at Officer Rialmo's head. this swing
also being a two (2) handed swing. but going from left to right.

15. The aforesaid second swing by LeGrier at Officer Rialmo's head also passed in front
of Officer Rialmo's face, missing Officer Rialmo's head by a few inches.

16. After the second swing by LeGrier. Officer Rialmo continued to back off from LeGrier,
while continuing to shout orders for LeGrier to drop the bat. Officer Rialmo backed off to the
bottom step ofthe porch leading 10thefront doorthe building at -- Chicago. Illinois.
As he reached the bottom step to the porch Officer Rialmo's handgun was still in it's holster.

17. As Officer Rialmo reached the bottom step to the front porch of the building at -
Chicago. Illinois, LeGrier, ignoring Officer Rialmo's lawful orders to drop the bat,
advanced to just before the top step of the front porch to the building. As he was advancing
LeGrier again cooked the baseball bat he was holding over his right shoulder with a two (2) handed

grip.
1B. When LeGrier reached the point just before the the top step of the front porch to the

building at --Chicago, Illinois, he was approximately three (3) feet above Officer
Rialmo and approximately three (3) to four (4) feet from where Officer Rialmo was standing on the
bottom step of the front porch to the building.

19. At this point LeGrier had ignored Officer Rialmo's repeated orders to drop the bat. and
LeGrier had advanced on Officer Rialmo from just inside the front door to the building all the way
across the front porch to the building while taking two (2) two (2) handed swings of a baseball bat
at Officer Rialmo's head. At no point during all ofthis had Officer Rialmo drawn his handgun from

it's holster.

20. At this point. when LeGrier had reached the point just before the top step of the front

porch to the building at-- Chicago, with the baseball bat cocked back over

.4.

his right shoulder with a two (2) handed grip, approximately three (3) feet above Officer Rialmo and
approximately three (3) to four (4) feet from where Officer Rialmo was standing on the bottom step
of the front porch to the building, Officer Rialmo feared that LeGrier would strike him in the head
with the baseball bat so hard that it would kill him.

21, At this point Officer Rialmo reasonably believed that if he did not use deadly force
against LeGrier, that LeGrier would kill him, Officer Rialmo drew his handgun from it's holster, and
staring to fire from holster level, fired eight (8) rounds at LeGrier from his 9 mm Smith Wesson
handgun, which holds eighteen (18) rounds, in approximately two and a half seconds,

22. At notime since Bettie Jones had turned to re-enter her apartment had Officer Rialmo
seen Ms. Jones or heard her voice. As he began to fire his handgun, Officer Rialmo did not see,
and could not have seen, Bettie Jones who was screened from his view mostly by LeGrier, and
partially by the front wall of the building at -- Chicago, Illinois.

23, As Officer Rialmo began to fire at LeGrier. on information and belief, the first round
struck LeGrier in his left chest. the second round grazed the left side of LeGrier's chest going right
to left, the third round hit LeGrier in the right buttocks. the fourth round hil LeGrier left arm in the
rear and exited from the left arm in the front. the fifth round LeGrier in the left back traveling left to
rig ht, and the sixth round grazed the back of LeGrier's right shoulder from right to left, The two (2)
other rounds missed LeGrier and hit the building behind him. not hitting anyone.

24. On information and belief the fourth round that Officer Rialmo fired. passed through
LeGrier and stuck Bettie Jones, who unbeknownst to Officer Rialmo, was standing in the front
doorway to the building at_Chicago, Illinois. behind LeGrier and partially exposed
to any gunfire that might pass through LeGrier.

25. After LeGrier went down. Officer Rialmo stopped tiring his handgun, and approached
the front of the building at Chicago, Illinois to make sure that any imminent
dangerto himself, the otherofficerpresent, and the public. from LeGrier had been stopped At this

.5.

point

he saw that
26.

Bettie

The fact that

Jones had been struck by a
LeGrier’s actions

accidently take the innocent

life

bullet.

had forced Officer Rialmo to end LeGrier’s life, and to

of Bettie Jones, has caused,

and

will

continue to cause, Officer

Rialmo to suffer extreme emotional trauma.

COUNT
1-26.

The

I

-

CIVIL

Counter-Plaintiff re—alIeges paragraphs

Counter-Claim as paragraphs one
27.

to

CAUSE OF ACTION FOR ASSAULT

On December 26,

(1)

through twenty-six (26) of this
I

of this Counterclaim.

201, LeGrier, acting without legal authority, caused Officer Rialmo

either cause Officer RiaImo’s death or

As a direct and

(1)

through twenty—six (26) of Count

have a reasonable apprehension of

28.

one

suffering

an imminent battery from LeGrier, which would

cause him severe and permanent bodily harm.

proximate result of the aforesaid, the Counter-Plaintiff Officer Rialmo

has, suffered, and continues to suffer, injuries of a personal and pecuniary nature, including but

not limited to medical expenses, damage to person, pain and suffering, and physical and emotional

trauma,

all

29.

of which are permanent.

The actions of the LeGier were criminal, done in a willful, malicious and wanton manner,

and showed a depraved and callous disregard forthe rights and
punitive

privileges of others,

so as to

make

damages appropriate and just.

WHEREFORE,

Counter-Plaintiff Officer Robert Rialmo prays that this Court enter

a

judgment against the Counter—Defendant Antonio LeGrier as Special Administrator of the Estate
of Quintonio LeGrier,

and in favor of the Counter-Plaintiff Officer Robert Rialmo, in a sum in excess

of $50,000.00 for actual, special, consequential,

and

incidental

damages, and an

additional

sum

of in excess of $1 0,000,000.00 for punitive and exemplary damages, plus Counter-PIaintiff’s costs

and attorneys fees, execution to issue

instanter.

-6-

 CODNT ll- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
1-26.

The

Counter-Plaintiff re—alleges paragraphs

Counter-Claim as paragraphs one
27.

(1)

one

(1)

through twenty—six (26) of this

through twenty-six (26) of Count

Il

of this Counterclaim.

On December 26, 2015, LeGrier knew his actions toward Officer Rialmo were extreme

and outrageous, and that his conduct was atrocious, and utterly intolerable in a civilized community.
28.

On December 26, 2015, LeGrier knew that there was a high probability that his conduct

toward Officer Rialmo would cause severe emotional distress to Officer Rialmo by forcing Officer

Rialmo to be put in a situation where he had no choice but to use deadly force and most likely take
the

life

of

a human being.

29.

As a direct and

proximate result of the aforesaid, the Counter-Plaintiff Officer Rialmo

has, suffered, and continues to suffer, severe emotional distress, injuries of a personal and

pecuniary nature, including but not limited to medical expenses,
suffering,

and

30.

physical

and emotional trauma,

all

damage

to person, pain

and

of which are permanent.

The actions of the LeGier were criminal, done in a willful, malicious and wanton manner,

and showed a depraved and callous disregard forthe rights and privileges of others, so as to make
punitive

damages appropriate and just.

WHEREFORE,

Counter—PIaintiff Officer Robert Rialmo prays that this Court enter a

n

judgment against the Counter-Defendant Antonio LeGrier as Special Administrator of the Estate
of Quintonio LeGrier,

and in favor of the Counter—PIaintiff Officer Robert Rialmo, in a sum in excess

of $50,000.00 for actual, special, consequential,

in

and

incidental

damages, and an

additional

sum

excess of $1 0,000,000.00 for punitive and exemplary damages, plus Counter-Plaintiff’s costs and

attorney’s fees, execution to issue instanter.

-7-

 COUNT Ill- NEGLIGENT

INFLICTION

OF EMOTIONAL DISTRESS
i

1-26.

The

Counter-Plaintiff re—alleges paragraphs

Counter-Claim as paragraphs one
27.

On December 26,

(1)

On December 26,

2015, LeGrier had a duty not to
in

As a

has, suffered,

direct

strike Officer

Rialmo

to suffer,

in

all

a

officer

kill

’

injuries of

damage

Rialmo

a personal and

to person, pain

and

of which are permanent.

The actions of the LeGier were criminal, done in a willful, malicious and wanton manner,

and showed a depraved and callous disregard for the
punitive

Officer Rialmo with

the head with the bat.

severe emotional distress,

and physical and emotional trauma,

30.

kill

of this Counterclaim.

Counter-Plaintiff Officer

pecuniary nature, including but not limited to medical expenses,
suffering,

I

2015, LeGrier breached his aforesaid duty by trying to

and proximate result of the aforesaid, the

and continues

try to

Il

the head with the bat.

Rialmo with a baseball bat by attempting to
29.

(1) through twenty-six (26) of this

through twenty-six (26) of Count

baseball bat by striking Officer Rialmo
28.

one

rights and privileges of others,

so as to make

damages appropriate and just.

WHEREFORE, Counter-Plaintiff Officer Robert Rialmo prays that this Court enter an enter
judgment in against the Counter—DefendantAntonio LeGrier as Special Administrator of the Estate
of Quintonio LeGrier,

and in favor of the Counter-Plaintiff Officer Robert Rialmo, in a sum in excess

of $50,000.00 for actual, special, consequential,

in

and

incidental

damages, and an

additional

sum

excess of $1 0,000,000.00 for punitive and exemplary damages, plus Counter-PIaintiff’s costs and

attorney’s fees, execution to issue instanter.

Counter—Plaintiff

Offic r

Robert

Rialmo

B Joel A.

-8-

rodsk

orney

 Joel A. Erodsky
Attorney far Robert Rialmo

Any 3? 50564