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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I

Defendants

)

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Robert Rialmo,

)
I

Counter-Plaintiff

)
.

vs.

I
)
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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

2.

LeGrier,

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

is

3.

and duties of a sworn law enforcement officer.

the legal representative of the Estate of Ouintonio LeGrier,

At

all

was an

On December 26,

marked Chicago

adult who

(1)

other Chicago Police Officer,
Officers

Rialmo was the passenger and the other

call for

responsible for his actions.

in

is

the vicinity of

4710 W.

Erie St., Chicago,

and the vehicle had the designation of "1172R". Officer
officer was driving.

approached the

7.

Officer Rialmo

officer

proceeded

to

4710 W.

4710 W. Erie

St.,

response to the dispatch.

4710 W.

front of the

Erie St., Chicago,

two

Illinois.

With Officer Rialmo

(2) story building at that location in

in front

the officers

response to the aforesaid

call.

Upon arriving at the front door to the two (2) story building at 4710 W.

Officer Rialmo rang the doorbell

8.

and the other

at

On December 26, 2015, at approximately 4:25 a.m., Officer Rialmo, along with the other

officer, arrived at

dispatch

Illinois.

Illinois, in

6.

a

commonly known as a "Paddy

1172Rto respond to a call of a “domestic disturbance - son with baseball bat",

Chicago,

in

On December 26, 2015, at approximately 4:20 a.m., Officer Rialmo received a dispatch

Erie St., Chicago,

Illinois,

deceased.

2015, at approximately 4:20 a.m., Officer Rialmo was on patrol

The said Chicago Police

5.

was fully competent and

Police prisoner transportation van, which

Wagon", with one
Illinois.

is

times relevant hereto Quintonio LeGrier (hereinafter "LeGrier“') was a resident of

the City of Chicago, and
4.

who

After a few

moments,

woman, then unknown to

in

Erie St., Chicago,

and knocked on the front door to the premises.

response to Officer Rialmo’s knocks and door

Officer Rialmo, but

now known as

Bettie Jones,

apartment and opened the front door to building at 4710 W. Erie

opened inwards. Upon opening the door,

Bettie

St.,

bell ringing

a

stepped outside of her

Chicago,

Illinois,

which

Jones stated to Officer Rialmo, who was standing

just outside of the front doorto the building, that "it's upstairs", while pointing
-2-

upward at the same

 time.

Immediately after stating and doing

this, Bettie

Jones turned to re—enter 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.

Immediately after Bettie Jones turned to re—enter her apartment, Officer Rialmo stepped

9.

into the front

doorway of the building, but was not yet fully inside the front foyer which gives access

to the front doors of both Bettie Jones’s apartment,

Chicago,

Illinois.

10.

»

Chicago,

As

Officer Rialmo stepped into the front

11.

doorway to the

he heard someone charging down the

Illinois,

Upon hearing this Officer Rialmo stopped

in

stainivay

building at

now known as

Illinois,

a young man,

Quintonio LeGrier,

St.,

from the upstairs apartment.

the said front doorway.

the building with his

left

barging out of the front door to the second

in his right

full

in his right

but who

(2“°')

floor

hand. LeGrier then grabbed the front door to

hand, and pulled the door out of the way, and then placed his

the baseball bat which he was holding
shoulder, and took a

who was unknown to Officer Rialmo at the time,

came

apartment while holding a baseball bat

left

hand on

hand, cocked the baseball bat back over his right

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
12.

4710 W. Erie

A moment after Officer Rialmo stopped in the front doorway to the building at 4710 W.

Erie St., Chicago,

is

and the upstairs apartment at 4710 W. Erie St.,

in front

of his face.

At the point where LeGrier took the aforesaid first swing at Officer Rialmo they were

only approximately four (4) feet apart.
13.

At this point Officer Rialmo backed

the building at

4710 W.

Erie St., Chicago,

shouted orders for LeGrier to drop the
it’s

bat.

off to just before the top step of the front

Illinois.

While backing

At this point

in

off,

porch to

Officer Rialmo repeatedly

time Officer Rialmo’s handgun

was

in

holster.

14. Instead of following the lawful orders of Officer Rialmo to
-3-

drop the baseball bat, LeGrier

 advanced on Officer Rialmo, taking two

4710 W.

Erie St., Chicago,

The

steps onto the front porch of the building at

while taking a second swing at Officer Rialmo’s head, this swing

handed swing, but going from

also being a two (2)
15.

lllinois,

(2) to four (4)

left

to right.

aforesaid second swing by LeGrier at Officer Rialmo’s

of Officer Rialmo’s face, missing Officer Rialmo’s
16. After the

head also passed

head by a few inches.

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

bottom step ofthe porch leading to the front doorthe building at 4710 W. Erie St., Chicago,

As he reached the bottom step to the porch
17.

W.

As

Erie St.,

advanced

in front

Officer Rialmo’s

handgun was

still

to the

Illinois.

in it’s holster.

Officer Rialmo reached the bottom step to the front porch of the building at

Chicago,

illinois,

4710

LeGrier, ignoring Officer Rialmo’s lawful orders to drop the bat,

to just before the top step of the front porch to the building.

As he was advancing

LeGrier again cocked the baseball bat he was holding over his right shoulder with a two (2) handed
grip.

18.

building at

When

LeGrier reached the point just before the the top step of the front porch to the

4710 W.

Erie St., Chicago,

Rialmo and approximately three

Illinois,

he was approximately three

(3) to four (4) feet from

(3) feet

above Officer

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

the

way

LeGrier had advanced on Officer Rialmo from just inside the front door to the building

across the front porch to the building while taking two (2) two
at Officer Rialmo’s head.

it’s

At no point during

all

of this

(2)

all

handed swings of a baseball bat

had Officer Rialmo drawn

his

handgun from

holster.

20. At this point,

when LeGrier had reached the

porch to the building at 4710 W. Erie

St.,

Chicago,
-4-

point just before the top step of the front

Illinois,

with the baseball bat cocked back over

 his right shoulder with

a two

handed grip, approximately three (3) feet above Officer Rialmo and

(2)

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
with the baseball bat

so hard that

would

it

kill

him.

21. At this point Officer Rialmo reasonably believed that

against LeGrier, that LeGrier would

kill

if

him, Officer Rialmo drew his

he did not use deadly force

handgun from it’s holster, and

staring to fire from holster level, fired eight (8) rounds at LeGrier from his 9

handgun, which holds eighteen (18) rounds,
22. At

in

no time since Bettie Jones had turned to re—enter her apartment had Officer Rialmo

and could not have seen,

As

Officer Rialmo

struck LeGrier in his
to

left,

left

the third round

building at

began

LeGrier

left

arm

his

handgun, Officer Rialmo did not see,

Jones who was screened from

4710 W.

in

in

his

view mostly by LeGrier, and

Erie St., Chicago,

to fire at LeGrier,

Illinois.

on information and

second round grazed the

chest, the

hit

rear and exited from the
right,

Bettie

by the front wall of the

23.

left

the right buttocks, the fourth round

the front, the

fifth

other rounds missed LeGrier and

On

hit

belief,

the

first

round

side of LeGrier’s chest going right
hit

round LeGrier in the

LeGrier

left

and the sixth round grazed the back of LeGrier’s right shoulder from

24.

mm Smith & Wesson

approximately two and a half (2-1/2) seconds.

seen Ms. Jones or heard her voice. As he began to fire

partially

head

left

arm

back traveling

right to left.

in the

left

to

The two (2)

the building behind him, not hitting anyone.

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 471 O W. Erie St., Chicago, Illinois, behind LeGrier and partially exposed
to

any gunfire that might pass through LeGrier.
25. After LeGrier went down, Officer Rialmo stopped firing his handgun,

the front of the building at

4710 W.

Erie St., Chicago, Illinois to

make

and approached

sure that any imminent

danger to himself, the other officer present, 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. Brodsky
Attorney for Robert Rialmo
8 S. Michigan Ave.
Suite 3200

Chicago

Illinois

60603

(312) 541 -7000
Atty #

,
g

50564

-g-