CHARGES

Sergeant Stephen Franko, Star Number 1537, is charged with violating the following
rules contained in Article of the Rules and Regulations of the Chicago Police Department,
which were in full force and effect on the date of the alleged violations:

 

Rule 2: Any action or conduct which impedes the Department?s efforts to
achieve its policy and goals or brings discredit upon the Department.

Rule 3: Any failure to promote the Department?s efforts to implement its
policy or accomplish its goals.

Rule 6: Disobedience of an order or directive, whether written or oral.

Rule 11: Incompetency or inefficiency in the performance of duty.

Rule 14: Making a false report, written or oral.

SPECIFICATIONS
1. Sergeant Franko, Star Number 1537, is charged with violating Rule 2, ?Any action or

conduct which impedes the Department?s efforts to achieve its policy and goals or
brings discredit upon the Department,? in one or more of the following instances:

Count I:

Count II:

On or about October 21, 2014, Sergeant Franko made, caused to be
made, adopted, and/ or approved one or more false, misleading,
inaccurate, and/ or inconsistent statements on Officer Jason Van
Dyke?s Tactical Response Report (RD No. HX475653) related to the
events surrounding the fatal shooting of Laquan McDonald on or
about October 20, 2014, at or about 21:57 hours, at or around the 4100
block of S. Pulaski Road, Chicago, Illinois.

Said false, misleading, inaccurate, and/ or inconsistent statements
included that McDonald?s actions constituted an assault, or words to
that effect; and/ or an imminent threat of battery, or words to that
effect; and/ or a battery, or words to that effect; and/ or an attack with
a weapon, or words to that effect; and/ or deadly force, or words to
that effect; and/ or the use of force likely to cause death or great bodily
harm, or words to that effect.

On or about October 21, 2014, Sergeant Franko made, caused to be
made, adopted, and/ or approved one or more false, misleading,
inaccurate, and/ or inconsistent statements on Officer Jason Van
Dyke?s Battery Report (RD No. HX475653) related to the events
surrounding the fatal shooting of Laquan McDonald on or about

Count 

Count IV:

Count V:

October 20, 2014, at or about 21:57 hours, at or around the 4100 block
of S. Pulaski Road, Chicago, Illinois.

Said false, misleading, inaccurate, and/ or inconsistent statements
included that McDonald ?stabbed/cut? and/ or attempted to
?stab/cut? Officer Van Dyke and/ or another officer, or words to that
effect.

On or about October 21, 2014, Sergeant Franko made, caused to be
made, adopted, and/ or approved one or more false, misleading,
inaccurate, and/ or inconsistent statements on Officer Joseph Walsh?s
Tactical ReSponse Report (RD No. HX475653) related to the events
surrounding the fatal shooting of Laquan McDonald on or about
October 20, 2014, at or about 21:57 hours, at or around the 4100 block
of S. Pulaski Road, Chicago, Illinois.

Said false, misleading, inaccurate, and/ or inconsistent statements
included that McDonald?s actions constituted an assault, or words to
that effect; and/ or an imminent threat of battery, or words to that
effect; and/ or a battery, or words to that effect; and/ or an attack with
a weapon, or words to that effect; and/ or deadly force, or words to
that effect; and/ or the use of force likely to cause death or great bodily
harm, or words to that effect. -

On or about October 21, 2014, Sergeant Franko made, caused to be
made, adopted, and/ or approved one or more false, misleading,
inaccurate, and/ or inconsistent statements on Officer Joseph Walsh?s
Battery Report (RD No. HX475653) related to the events surrounding
the fatal shooting of Laquan McDonald on or about October 20, 2014,
at or about 21:57 hours, at or around the 4100 block of S. Pulaski
Road, Chicago, Illinois.

Said false, misleading, inaccurate, and/ or inconsistent statements
included that McDonald ?stabbed/cut? and/ or attempted to
?stab/cut? Officer Walsh and/ or another officer, or words to that
effect.

On or about October 21, 2014, Sergeant Franko made, caused to be
made, adopted, and/ or approved one or more false, misleading,
inaccurate, and/ or inconsistent statements in the Original Case
Incident Report (RD No. HX475653) related to the events
surrounding the fatal shooting of Laquan McDonald on or about
October 20, 2014, at or about 21:57 hours, at or around the 4100 block
of S. Pulaski Road, Chicago, Illinois.

Count VI:

Said false, misleading, inaccurate, and/ or inconsistent statements
included that Officer Jason Van Dyke was injured by McDonald, or
words to that effect.

From on or about October 19, 2014, to on or about October 21, 2014,
or for some period of time therein, Sergeant Franko failed to monitor
one or more of his subordinates to ensure they maintained a practice of
using audio in the in?car video systems; and/ or failed to ensure the
audio portion of the in?car video systems were used properly; and/ or
failed to verify that the in-car microphones were operational; and/ or
failed to initiate an investigation when notified of damaged and/ or
missing and/ or lost equipment; and/ or failed to maintain an accurate
Supervisor?s Management Log.

Sergeant Franko, Star Number 1537, is charged with violating Rule 3, ?Any failure to
promote the Department?s efforts to implement its policy or accomplish its goals,? in
one or more of the following instances:

Count I:

Count II:

On or about October 21, 2014, Sergeant Franko made, caused to be
made, adopted, and/ or approved one or more false, misleading,
inaccurate, and/ or inconsistent statements on Officer Jason Van
Dyke?s Tactical Response Report (RD No. HX475653) related to the
events surrounding the fatal shooting of Laquan McDonald on or
about October 20, 2014, at or about 21:57 hours, at or around the 4100
block of S. Pulaski Road, Chicago, Illinois.

Said false, misleading, inaccurate, and/ or inconsistent statements
included that McDonald?s actions constituted an assault, or words to
that effect; and/ or an imminent threat of battery, or words to that
effect; and/ or a battery, or words to that effect; and/ or an attack with
a weapon, or words to that effect; and/ or deadly?force, or words to
that effect; and/ or the use of force likely to cause death or great bodily
harm, or words to that effect.

On or about October 21, 2014, Sergeant Franko made, caused to be
made, adopted, and/ or approved one or more false, misleading,
inaccurate, and/ or inconsistent statements on Officer jason Van
Dyke?s Battery Report (RD No. HX475653) related to the events
surrounding the fatal shooting of Laquan McDonald on or about
October 20, 2014, at or about 21:57 hours, at or around the 4100 block
of S. Pulaski Road, Chicago, Illinois.

Said false, misleading, inaccurate, and/ or inconsistent statements
included that McDonald ?stabbed/ cut? and/ or attempted to

Count 

Count IV:

Count V:

?stab cut? Officer Van Dyke and/ or another officer, or words to that
effect.

On or about October 21, 2014, Sergeant Franko made, caused to be
made, adopted, and/ or approved one or more false, misleading,
inaccurate, and/ or inconsistent statements on Officer Joseph Walsh?s
Tactical Response Report (RD No. HX475653) related to the events
surrounding the fatal shooting of Laquan McDonald on or about
October 20, 2014, at or about 21:57 hours, at or around the 4100 block
of S. Pulaski Road, Chicago, Illinois.

Said false, misleading, inaccurate, and/ or inconsistent statements
included that McDonald?s actiOns constituted an assault, or words to
that effect; and/ or an imminent threat of battery, or words to that
effect; and/ or a battery, or words to that effect; and/ or an attack with
a weapon, or words to that effect; and/ or deadly force, or words to
that effect; and/ or the use of force likely to cause death or great bodily
harm, or words to that effect.

On or about October 21, 2014, Sergeant Franko made, caused to be
made, adopted, and/ or approved one or more false, misleading,
inaccurate, and/ or inconsistent statements on Officer Joseph Walsh?s
Battery Report (RD No. HX475653) related to the events surrounding
the fatal shooting of Laquan McDonald on or about October 20, 2014,
at or about 21:57 hours, at or around the 4100 block of S. Pulaski
Road, Chicago, Illinois.

Said false, misleading, inaccurate, and/ or inconsistent statements
included that McDonald ?stabbed/cut? and/ or attempted to
?stab/cut? Of?cer Walsh and/ or another officer, or words to that
effect.

On or about October 21, 2014, Sergeant Franko made, caused to be
made, adopted, and/ or approved one or more false, misleading,
inaccurate, and/ or inconsistent statements in the Original Case
Incident Report (RD No. HX475653) related to the events
surrounding the fatal shooting of Laquan McDonald on or about

'October 20, 2014, at or about 21:57 hours, at or around the 4100 block

of S. Pulaski Road, Chicago, Illinois.

Said false, misleading, inaccurate, and/ or inconsistent statements
included that Officer Jason Van Dyke was injured by McDonald, or
words to that effect.

Count Vl:

From on or about October 19, 2014, to on or about October 21, 2014,
or for some period of time therein, Sergeant Franko failed to monitor
one or more of his subordinates to ensure they maintained a practice of
using audio in the in?car video systems; and/ or failed to ensure the
audio portion of the in?car video systems were used properly; and/ or
failed to verify that the in?car microphones were operational; and/ or
failed to initiate an investigation when noti?ed of damaged and/ or
missing and/ or lost equipment; and/ or failed to maintain an accurate
Supervisor?s Management Log. 0

3. Sergeant Franko, Star Number 1537, is charged with violating Rule 6, ?Disobedience
of an order or directive, whether written or oral,? in the following instance:

Count I:

Count II:

From on or about October 19, 2014, to on or about October 21, 2014,
or for some period of time therein, Sergeant Franko failed to monitor
one or more of his subordinates to ensure they maintained a practice of
using audio in the in-car video systems; and/ or failed to initiate an
investigation when noti?ed of a missing or lost remote
transmitter/ audio recorder; and/ or failed to maintain an accurate
Supervisor?s Management Log, in violation of Special Order 803?05
(effective February 23, 2012 through February 24, 2016).

From on or about October 19, 2014, to on or about October 21, 2014,
or for some period of time therein, Sergeant Franko failed to monitor
one or more of his subordinates to ensure the audio portion of the in?
car video systems was used properly; and or failed to verify that the in?
car microphones were operational; and/ or failed to initiate an
investigation when notified of damaged and/ or missing and/ or lost
equipment, in violation of Special Order 803?03?06 (effective January
5, 2014).

Sergeant Franko, Star Number 1537, is charged with violating Rule 11,

?Incompetency or inefficiency in the performance of duty,? in the following instance:

Count I:

From on or about October 19, 2014, to on or about October 21, 2014,
or for some period of time therein, Sergeant Franko failed to monitor
one or more of his subordinates to ensure they maintained a practice of
using audio in the in?car video systems; and/ or failed to ensure the
audio portion of the in?car video systems were used properly; and/ or
failed to verify that the in?car microphones were operational; and/ or
failed to initiate an investigation when notified of damaged and/ or
missing and/ or lost equipment; and/ or failed to maintain an accurate
Supervisor?s Management Log.

5. Sergeant Franko, Star Number 1537, is charged with violating Rule 14, ?Making a
false report, written or oral,? in one or more of the following instances:

Count I:

Count II:

Count 

On or about October 21, 2014, Sergeant Franko made one or more
false statements on Officer Jason Van Dyke?s Tactical Response
Report (RD No. HX475653) related to the events surrounding the fatal
shooting of Laquan McDonald on or about October 20,2014, at or
about 21:57 hours, at or around the 4100 block of S. Pulaski Road,
Chicago, Illinois.

Said false statements included that McDonald?s actions constituted an
assault, or words to that effect; and/ or an imminent threat of battery,
or words to that effect; and/ or a battery, or words to that effect;
and/ or an attack with a weapon, or words to that effect; and/ or deadly
force, or words to that effect; and/ or the use of force likely to cause
death or great bodily harm, or words to that effect, thereby making a
false statement, written or oral.

On or about October 21, 2014, Sergeant Franko made one or more
false statements on Officer Jason Van Dyke?s Battery Report (RD No.
HX475653) related to the events surrounding the fatal shooting of
Laquan McDonald on or about October 20, 2014, at or about 21:57
hours, at or around the 4100 block of S. Pulaski Road, Chicago,
Illinois.

Said false statements included that McDonald ?stabbed/cut? and/ or
attempted to ?stab/cut? Officer Van Dyke and/ or another officer, or
words to that effect, thereby making a false statement, written or oral.

On or about October 21, 2014, Sergeant Franko made one or more
false statements on Officer Joseph Walsh?s Tactical Response Report
(RD No. HX475653) related to the events surrounding the fatal
shooting of Laquan McDonald on or about October 20, 2014, at or
about 21:57 hours, at or around the 4100 block of S. Pulaski Road,
Chicago, Illinois.

Said false statements included that McDonald?s actions constituted an
assault, or words to that effect; and/ or an imminent threat of battery,
or words to that effect; and/ or a battery, or words to that effect;
and/ or an attack with a weapon, or words to that effect; and/ or deadly
force, or words to that effect; and/ or the use of force likely to cause
death or great bodily harm, or words to that effect, thereby making a
false statement, written or oral.

Count IV: On or'about October 21, 2014, Sergeant Franko made one or more
false statements on Officer Joseph Walsh?s Officer?s Battery Report
(RD No. HX475653) related to the events surrounding the fatal
shooting of Laquan McDonald on or about October 20, 2014, at or
about 21:57 hours, at or around the 4100 block of S. Pulaski Road,
Chicago, Illinois.

Said false statements included that McDonald ?stabbed/ cut? and/ or
attempted to ?stab/ cut? Of?cer Walsh and/ or another officer, or
words to that effect, thereby making a false statement, written or oral.

Based on the foregoing charges and specifications, the Superintendent recommends
that Sergeant Stephen Franko, Star Number 1537, be discharged from the Chicago Police

DCPEUIUDCW
EDDIE 
Superintendent of Police

2T0 

 P. 

EELICIA V. MANNO
GREENBERG TRAURIG LLP
Special Assistant Corporation Counsel

    

FILED
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CHICAGO POLICE BOARD