Written responses from the Illinois State Police sent via email by ISP 
spokesman Matt Boerwinkle at 7:04 a.m. on Jan. 10. The questions 
were submitted to the Illinois State Police on  Dec. 6.

1. We’ve identified 114 shoots involving 118 police officers that were investigated by the Illinois
State Police. Several of these cases were not identified by the state police when we asked for a
list of cases that the state police investigated. We found out about them through other means —
by interviews, looking at news clips, or pouring through court records. It leads us to believe that
there are more police shootings in suburban Cook County in the time frame we are looking at
(2005-present) that we don't know about. Why can’t the state police keep track of the police
shoots it investigates?

There is no searchable index to obtain case numbers for cases from 2005 to 2016 as we
already explained in the 2016 response to the BGA when you initially requested a list of
all PITF Officer Involved Shooting cases. The seven officer involved shooting
investigation cases you indicated were missing from your initial FOIA occurred between
2010 and 2013. By statute, the ISP was not required to begin tracking cases until 2016.
The PITF accommodated your request to create a list of officer involved shooting
investigations from 2005 to 2016.
If you have a specific question pertaining to the PITF cases, please provide date/time,
names or case number and we will comply with the request to the best of our abilities.
2. Has the state police considered making some kind of public system to keep track of this so
people can see what cases involving what officers and what people shot are being investigated?

The ISP instituted statistical case tracking beginning in 2016 for Officer
Involved deaths as directed by SB1304. Prior to 2016, the law did not require
statistical tracking for these particular cases.

3. We’ve found three cases involving nine police officers where police officers declined to speak to
investigators. In all of these cases, the investigations were considered completed were sent to the
state’s attorney’s office for review. How could the investigations be considered complete without
investigations of the police officers involved?

When the subject of a criminal investigation, police officers have the same constitutional
rights as all citizens and are not required to submit to interviews or provide statements to
the PITF. The PITF does not have the legal authority to compel an officer or witness to
make a statement. Each officer involved shooting case is different. PITF OIS cases are
submitted to the Cook County State’s Attorney’s Office Professional Standards Unit for
review and are weighed on the totality of the circumstances.
4. You mentioned that there’s some deal made between the suburbs and the state police where the
state police are not supposed to comment on the cases? Where does that say that? Could you
show me the document or bylaw that states as much?

 There is no formal “deal” or other agreement between the State Police and the police
departments operating in Cook County. The ISP’s PITF role is to investigate the use of
force by the law enforcement member. The investigation of the actions leading up to the
use of force is investigated by the local police agency. The local agency also conducts the
administrative investigation to determine if the officer involved was in compliance with
that agencies internal policies. It would be inappropriate for the ISP to comment on
another police agency’s open administrative investigations. The Originating agency or
the State’s Attorney’s Office would be the best contact for comment on case status or
adjudication. The requesting agency may comment on general information as they deem
appropriate.
5. At the same time, the suburbs are telling us they can’t comment on the cases because the state
police investigated them. So both parties are essentially saying they can’t comment on their own
shoots. Doesn’t that system present problems as far as transparency and accountability?

Initial media inquiries are the responsibility of the requesting agency. We do not tell
requesting department what to say or not say. Primarily, media inquiries are the
responsibility of the requesting/originating department. As the PITF investigation
consists solely on the use of force or circumstances surrounding an in-custody death, the
State Police will not comment until the case is completed and tendered to the Cook
County State’s Attorney’s Office Professional Standards Unit for review. The PITF does
not make any conclusions as to the legality of the use of force. That determination is
made by the Cook County State’s Attorney’s office.
6. One thing we have noted is that suburbs almost never conduct administrative investigations to
determine not where the officer committed a crime during the shoot, but whether they violated
procedure.

The PITF mission is separate and must remain separate from any other law enforcement
agencies internal, administrative investigations. It would not be proper for the PITF to
comment or participate in another agencies’ administrative investigation regarding a
violation of that agency’s policies and procedures.
It is important to note that OIS cases are comprised of three components:
1) Requesting Agency-conducts the criminal investigation of the underlying
criminal offense giving rise to the use of force;
2) PITF-conducts the investigation of the use of force as specified by statute;
3) Employing Agency-conducts the administrative investigation regarding the
employment/employee issues if the shooting officer was in compliance with
that department’s policies, collective bargaining agreements and general
orders.
The PITF does not have the legal authority to conduct administrative investigations or
address employment/employee issues regarding the possible violation of an individual

 agencies policies or procedures. Nor, in those circumstance where there was a violation
of an agencies policies, neither the PITF nor the State Police has the authority to address
the violation or discipline an officer. That authority rests solely with the individual
officers department. The PITF’s responsibilities are set forth by statute and they cannot
conduct administrative investigations for the approx. 1000 police agencies in Illinois,
each with their own internal policies and collective bargaining agreements.

7. Again and again, community and police officials told us they don’t do that because the state
police is handling the investigation. Meaning, they don’t seem to know the difference between the
two.

It would be inappropriate for the PITF to comment on another agencies’ administrative
process/investigations. The role of PITF is clearing explained to the requesting agency
at time of deployment.
8. What kind of communication does the state police have with the municipalities to let them know
what they are and aren't doing?

During the initiation of PITF call out, the investigative action in regards to the use of
force investigation is explained to the requesting department’s on scene commander.
Upon receiving a callout, the PITF explains to the on scene commander that the PITF
will only investigate the use of force/shooting incident. The PITF does NOT investigate
either the underlying criminal offense by the person (suspect) shot by the officer(s) or
any possible violations by the officer(s) of the Department’s policies and procedures.
9. A number of police authorities in different levels of government we spoke to signaled that they
would support the creation of a COPA/IPRA organization to do administrative investigations of
suburban Cook County shoots to analyze whether the best practices and procedures were
followed the shooting. Is that something that the state police would support?

The lawmakers of individual communities should make the determination to how
administrative investigations. The role of the PITF is set forth in statute. We are not
aware of, nor have we reviewed, any such proposal so cannot comment until that time.
Once again, the PITF’s duties are set forth in statute.
10. We found your average investigation takes 18 months, and two investigations took more than 6
years. Why does it take so long to complete these investigations?

The PITF provides an independent and thorough investigation of Officer Involved
Shootings, On Duty Felonies, and In-Custody Deaths. There are no specific timelines for
conducting PITF investigations as each case is unique. Many of these cases are
incredibly complex and there are many reasons why cases are time consuming. Extensive
reports, laboratory analysis, and witness availability are all factors in completing a case.

 11. A dead person has no right to privacy, and many modern issues in policing are tied to race
issues, as is much of the country’s history. Why do you consider race as a personal identifier in
your redactions, and why is information about dead people routinely redacted in the investigations
of the police reports that were provided through a records request?

The release of personal identifying information is statutorily mandated.
12. Why are police reports provided to the BGA frequently missing statements from the police officers
involved? Or why are their names redacted?

In our response to question #3, Police Officers have the same constitutional rights as
ordinary citizens and are not required to submit to interviews or provide statements to the
PITF.
Names are often redacted in reports due to their status as witnesses or assignments.
13. In 12 years, none of your investigations have led to a criminal indictments, a fact that experts say
is astounding. Does that mean no criminal actions have occurred in a suburban shooting?

It would be inaccurate to state that none of the PITF cases have resulted in charges. In
2013, a Park Forest Officer was investigated by the PITF and was subsequently charged
by the Cook County State’s Attorney’s Office with reckless homicide and went to trial.
This case was classified as an in-custody death, because it was considered less-thanlethal force by use of a bean bag round which resulted in the death of the suspect. This
case was mutually excluded from your search during your initial FOIA and inquiry since
your request was narrowed to OIS-only cases.
14. How come these criminal investigations of police shoots often don’t include information about
how many times people were shot by police, if they lived through it? We saw one case where a
person’s mother said he was shot 16 or 17 times, an allegation that is unaddressed in the
reports?

Medical records produced from the treatment of offenders are collected during PITF
investigations and become part of the case file. The PITF seeks to determine the number
of rounds fired from weapons during an altercation. The scope of the injuries found on a
person’s body are referred to the expertise of medical doctors.
15. What are your greatest obstacles in these investigations? What would the department change, if
anything, to improve the efficacy of this process?

The greatest obstacles to conducting PITF investigations is educating the public, media
and outside law enforcement agencies on the investigative process. Clarifying each
agencies role in the incident is important.
16. In one case, an officer admitted to picking up the gun of a person shot by police with his bare
hand, carrying the gun out to the trunk of his car, and then later going back to the car, retrieving
the gun and placing it back where he remembers it laying after the shooting. Your investigators
used the gun, and its location, as evidence in their investigation. How is that possible?

 Police officers are trained to first secure a crime scene for their safety and the safety of
others. Oftentimes, crime scenes are dynamic, chaotic and crowded by onlookers. An
unsecured weapon at a crime scene can be used against an officer or other person. If not
properly secured, it is a danger to the public and at risk of being stolen.
Evidence that is moved doesn’t cease being evidence and we still have the responsibility
to collect it. However, if evidence must be moved, a weapon in this example, this should
be properly documented.

17. In the same case, your investigators testified in a deposition that they were OK with the officer’s
actions because he was securing the crime scene. A number of policing experts we have spoken
to said that by doing so the officer was altering the crime scene. What is the truth of the matter?

The movement of evidence should be properly documented if an officer needs to move
evidence for their safety or for the preservation of the evidence. Officers should be
trained to properly secure evidence if exigent circumstances exist and the importance of
documenting the specific reasons necessitating the moving of the evidence.
18. We've identified a number of cases where unarmed people (no guns or moving cars or weapons
of any kind) were shot and the police officers said they fired their weapons because "I feared for
my life" or that they were "Fearing for the safety of another officer or civilian." Is “I feared for my life” or
“Fearing for the safety of another officer or civilian” a get-out-of-jail-free card for suburban police
in these cases?

PITF conducts the use of force investigation and submits the case to the Cook County
State’s Attorney’s Office Professional Standards Unit without making recommendations.
A statement of an officer, if provided, is only one part of the overall investigation. All
facts resulting from the investigation are provided to the State's Attorney for their review
and consideration. If an officer is reasonably in fear of his life or the life of another, the
officer has a legal obligation to take the appropriate actions to protect that life.