Case: 1:04-cv-04992 Document 50-3 Filed: 12/03/09 Page 1 of 5 PageID #:792 Exhibit 1 Case: 1:04-cv-04992 Document 50-3 Filed: 12/03/09 Page 2 of 5 PageID #:793 STATE OF ILLINOIS )ss COUNTY OF COOK AFFIDAVIT I, Antonio McDowell, being duly sworn under oath and depose and state that the foregoing is true and correct, and made upon my per- sonal knowledge and I am competent to testify thereto: 1L 2). That on July 10th 1997, I became the victim of a Drive-By Shoot- ing which occurred on the West-Side of Chicago, on the 4800 Block of West Van Buren Strret, at 1:30am, I was taken to Laretia Hespital,-where I was treated for a bullet wound in the left hand, While at the Hospital, the Doctor whom treated my in- jury placed a temporary Cask on my some medicine for the pain and scheduled me to return at a later date. Before leaving the Hospital, I spoke with some Police Officers whom But, I gave them no in- The ROL- ice Officers gave me a case report of Battery 3423346] and stated that a follow up appointment would he done. questioned me concerning the shooting; formation as I didn't know who shot me "at the time? On July 14th 1997, Detectives from.Area Five (5) Police Stat- ion came to my Mother's home insearch of me to allegedly do a followeup investigation of the incident in which I was the vic- tim. Since I wasn't home, the Officers requested that my Mother relay a message of my need to come to the Police Head Quarters. Before departing from my Mom's home, the Detectives asked if she had a photo of me, and if they can take it with them, she de- clined, to give them one. I found it strange that the Police wouhdlumxia Nearly everyday after the Officers from the Grand and cantral Station, came to my Mother's house, they'd returned to my neigh? t:mhood.with a photo of me wearing a black coat and green shirt showing it to anyone that might know me, at that point I knew 1 of4 Case: 1:04-cv-04992 Document 50-3 Filed: 12/03/09 Page 3 of 5 PageID #:794 el- Jill}? #13; in the emf} Elect West Meme Streetg; is macaw they knew Emtonio Spreggso After l? told the Detectives who I asked me to ri?e with their: to the Station? so I could? look . through their gang profile book to try and identify the person who shot me on July ?:39 ?i 9917} I. was afraid to say I?m not going to Police Station? so I went with then, when I got in the car, the Bet-u actives showesl me a photo of myself wearing a Black Coat and Green Shixz?tF saying that they Emew who I was when they eskecla When we got to the Station? they took me up to the second? floor 3116; set me at desk where I lookezl tln'ough the gang profile book, at swab-er of plot? ures. I tolo? Detective Guevara, that I did not see the guy that shot me. While Bete Guevarey tries}? to convince me to identify a guy: I The Detectlves ?revs uh: on me anal 91:01:33? ox my frien?sp 15'? never seen before as the person who shot meo Al ., When I refused to cooperate with Dete Guevara, he became angry with me? 3 was time of scaled, because of his reputation se, asked: him if I leave the Statics-1,; "mt; he sai?; that I would have to wait on a car to come ant} take me home, Guevara, heel no plans on letting me go home instea?? I was tolo~ by Beta Guevarep that no one coulerl be on the second' floor without being hen?cuffedo was upset? but; G?uevemp force-'3 me into a smell room with ??esh and a long bench in ite He set me on the bench and handcuffed me to a well, aml after being handcuffecl to ?re wall for two ?211 hours not only was my wrist hurtingp my left hand was in extrerre pain from the bullet women But the Dettesti?es,P ignore} my con? stant complaining about the pain. Guevara, and other officers disregarded my pleas of beiag in palm Det. Guevara, kept asking me if I was ready to iclentify the person who shot me? kept on telling Bet. Guevara; that I oidn't see the person who shot me; and: I asked him numerous times can I leave? because I needezl to take my me-?ici Zofe Case: 1:04-cv-04992 Document 50-3 Filed: 12/03/09 Page 4 of 5 PageID #:795 rd] ?PiWe? wee-1* - Kest- rel??Line may me ?so shot me? It? could leave the Station anti go heme? As tim? went kw by? I notices-i same tee-eels looking tlwough the win-?ew on L15 ?Hi; 1 ?oor of the room at area eftereras Beta swears,F came back irate the rose; and; tom: me that a was there ts take me home? unceffe? my hand told me that Estate caald go home; he neec?teci me to sarticipate in a Line?Um because he was a heat}? shorta He assuiez? me that I sti?e" have anything te worry about and told? He that the faster 1? assist him the faster I can get home {Setu Gueva?ag liee? to meg because me going; home never happene?o a After the line-up? I was tale; by Date Guevara ,7 that I hac??; been icientifieci 13v someone who in?icate?a?t me in a renders He then told? Beta Kickers? Manet, to returned me to that same teem re? han?fcuff me to the wall, while Beta Maize-IF ass}. I were in the I room? he pulle? out a. photo of me wearing a Black {feat Shirt The same etc: the}; was shewing EVELWFIE in my hoe-52?, the same phote they showed the Station? Ft 9 Beta Haber state-? to: me that the witnesses up es"? the phe?te ts i?entify me in a photo and line?up arrayo Beta fishery went es. t0 say that he has. nothing to die with the phete i?entificatioa, that it was Bet. Guevarap ?amingo He then put the picture back: iete his pocket; an??i states? ?you ziirjsa hear that me:a state-'3: that his partner (Beta James Gilger) anti; Guevara;7 is coming te Ceurtp not him . After a while Deto Guevarag came back into the team ans tale: 955.. .. may :at all has: ts {3.0 8 come to the Station when they came to my heuse",u ans. i?eatit?y the person he believed shot but? 3157.?! Tm eyeing to be sent . prises for the test sf my life-a He then suggested that l? confess to the murder. That ween" gre- ing te happen Beta Case: 1:04-cv-04992 Document 50-3 Filed: 12/03/09 Page 5 of 5 PageID #:796 g5 I: .n eta; I muse? to say ?at {mm-?ared! mane .L was wreet #3 andairbag by Sateen we Guevara, IE ?20165 this to my lawyer who sent '3 rams? 6? may as well as to? the Judge who? beam the case- at trial D9 I have frame? by Beta Guevara? See.?-nf?f?1.45% Antmio W1 Reg. No. Statev?le Gong Ctr.? R09 HZ Joliet, IL SubscE-ihe?l Email 3mm To Before Me . . 323* Day of u?wge?; 20w; "z I . ilka HERWI . Notary Public worm PUBLIQSTATE OFILLINOB 3 .m couugsslon EXPIRES 520-2912 'uv