SUMMARY REPORT DIGEST LOG NO 1039179 TYPE CR, CHICAGO POLICE DEPARTMENT DATE OF REPORT 29-JAN-2014 INSTRUCTIONS: To be used in all cases that are to be classi?ed as either EXONERATED, UNFOUNDED, NOT SUSTAINED, NO AFFIDAVIT, or in SUSTAINED cases where the Disciplinary Recommendation does not exceed Five (5) DAYS SUSPENSION. T0: CHIEF ADMINISTRATOR, INDEPENDENT POLICE REVIEW UNIT DETAILED EMPLOYEE NO UNIT ASSIGNED STAR NO 141 RANK 113 FROM NAME 9182 JONESI VINCENT DATE I 00:02 BEAT: 2223 I REFERENCE NOS. (LIST ALL RELATED C.L.. C.B.. I.R.. INVENTORY NOS. ETC, PERTINENT OF THIS INVESTIGATION) ADDRESS: 746 W. 918T ST. CHICAGO, IL 60620 ACCUSED DETAILED DATE YANEZ, JUAN A 9161 018 MI 1973 16-MAR-1998 YES YES CHATYS, MARTIN 9161 007 212 WHI 978 YES YES REPORTING PARTY NAME STATE TELEPHONE SEX I RACE DOB I AGE RANK: 9796, STAR NO: 531, EMP NO: I BLK I BLK BLK ALEXANDER, DANA RANK: 9182. STAR NO: 141, EMP NO: JONES, VINCENT RANK: 9183, STAR EMP NO: 1 WHITE. LAKENYA CITY VICTIMS r? I KING, GAR-FIELD MIBLK I STATE DOB IAGE WITNESSES "m - - lF CPD STAR. NOS. INEDRESS, Page 1 '(Rev. 2139) 1 RACE I BLK 1988/ 25 BLK 1986/27 I 1039179 I SUMMARY REPORT DIGEST LOG TYPE DATE OF REPORT CHICAGO POLICE DEPARTMENT 1039179 CR, 29-JAN-2014 INSTRUCTIONS: To be used in all cases that are to be Classi?ed as either EXONERATED, UNFOUNDED, NOT SUSTAINED, N0 AFFIDAVIT, or in SUSTAINED cases where the Disciplinary Recommendation does not exceed Five (5) DAYS SUSPENSION. ALLEGATIONS See CLEAR and/0r Report I . I a CPD-44.112-A-IPRA (Rev. 2I09) [-3399 2 I 1039179 SUMMARY "see CLEAR and/0r Report i I ATTACHMENTS INVESTIGATIVE REPORTS - INVESTIGATIVE REPORTS - PHYSICAL EVIDENCE TOTAL NUMBER OF SUPPORTING ALLEGATIONS LIST SUPPORTING ACCUSED LIST ATTACHMENTS ATTACHMENTS SUBMITTED ATTACHMENTS NUMBER LIST ATTACHMENTS NUMBER: NUMBERS: WITH THIS FILE: 268 FINDINGS - RECOMMENDATIONS Accused Of?cer Juan Yanez, #18438, Unit 018 Allegations See Mediation Agreement Accused Of?cer Martin Chatys, #17917, Unit 212 Allegations See Mediation Agreement Supervisor DATE INITIATED DATE COMPLETED (Date of this report) ELAPSED TIME (Date incident was received for investigation) 25-AUG-2010 29-JAN-2014 (Total time expressed in days) 1253 Investigator will initiate the Command Channel Review form by IN . completing the investigator's Section. IF NECESSARY, USE AN 8 1l2 11" SHEET OF WHITE PAPER TO SIGNATUR NTINUE ANY ITEM. INDEPENDENT POLICE REVIEW AUTHORITY TO: FROM: SUBJECT: REFERENCE: OFFICERS INVOLVEDINJURIES: #1 #2 #3 16 December 2013 Chief Administrator Independent Police Review Authority-IPRA Inv. Vincent L. Jones, #141 Log# 1039179 10-32 Aggravated Battery to Police Of?cer HS-476440 Illinois Traf?c Crash Report HS-483900 Homicide/ Justi?able Homicide PROANO, Marco; Police Of?cer; #9477; DOA: Emp. Unit 006; On?Duty, Beat 612, in uniform RODRIGUEZ, Fernando; Police Of?cer; #12986; 76; DOA: Emp. Unit 006; On-Duty, Beat 612, in uniform ARCHER, Steven; Police Of?cer; #19735; MB 73; Emp. Unit 006; On-Duty, Beat dress DOA: 3A, in civilian WEATHERLY, Bobby; Police Of?cer; #11400; DOA: Emp. Unit 006; On-Duty, Beat 663A, in civilian dress JOHNSON, Ajamu-Gom; Police Of?cer; #11285; 79; DOA: Emp. Unit 006; On-Duty, Beat 633R, in uni orm JONES, Rodney; Police Of?cer; 9243; DOA: Emp. Unit 312; On-Duty, Beat 6721B, in civilian dress MCGEE, Dwayne; Police Of?cer; #13791; DOA: Emp. Unit 312; On-Duty, Beat 6721D, in civilian dress JONES, Rodney - fractured vertebrae in the back MCGEE, Dwayne - broken rib, fractured vertebrae in the back YANEZ, Juan - bruised right leg Page 1 Of 14 INDEPENDENT POLICE REVIEW AUTHORITY Log #1039179 #10-32 SUBJECT: #1 KING, Garfield Romel; 1134423; WEAPONS: #1 Black colored Beretta 21a, 22 semi-automatic pistol, serial Blue Steel colored Taurus, Ke44, 357 Revolver, serial INJURIES: #1 KING, Gar?eld - three gunshots wounds to the chest, one gunshot wound to the neck, one gunshot wound to the abdomen, one gunshot wound to the right arm, one gunshot wound to the back, one gunshot wound to the left forearm and one gunshot wound to the left thigh-Deceased #2 - one gunshot wound to the left thigh and one gunshot wound to the left ankle INITIAL INCIDENT: Aggravated Battery to a Police Of?cer: Other Dangerous Weapon OF INCIDENT: 23 Aug 2010, 0009 hours LOCATION: 746 West 915t Street Page 2 of 14 INDEPENDENT POLICE REVIEW AUTHORITY Log #1039179 #1032 The following allegations against Of?cer Juan Yanez, #18438 and Of?cer Martin Chatys, #17917 were sustained and adjudicated through mediation. It is alleged that on 23 August 2010, at approximately 0002 hours, from the vicinity of 8300 S. Ingleside Avenue to the vicinity of 9100 S. Halsted Street Of?cer Juan Yanez: 1) Failed to comply with G0. 03?02?01, Section A, in that he engaged in a motor vehicle pursuit when the most serious offense for which the motor vehicle was wanted was for a non- hazardous traf?c offense; 2) Failed to comply with 6.0. 03-02-01, Section B-3, in that he engaged in a motor vehicle pursuit while operating an unmarked department vehicle when the most serious offense was a traf?c offense; 3) Failed to comply with G0. 03-02-01, Section V, D, in that he, while engaged in a motor vehicle pursuit in an unmarked department vehicle, failed to withdraw as the primary pursuit vehicle and assume the role of secondary pursuit unit when a marked department vehicle became available to take over the pursuit; and 4) Failed to comply with G0. 03-02-01, Section V, D-l, in that he initiated and engaged in a motor vehicle pursuit that involved only traf?c offenses in an unmarked department vehicle. It is alleged that on 23 August 2010, at approximately 0002 hours, from the vicinity of 8300 S. Ingleside Avenue to the vicinity of 9100 S. Halsted Street Of?cer Martin Chatys: 1) Failed to comply with 6.0. 03-02-01, Section A, in that he engaged in a motor vehicle pursuit when the most serious offense for which the motor vehicle was wanted was for a non- hazardous traf?c offense; 2) Failed to comply with G0. 03?02?01, Section B-3, in that he engaged in a motor vehicle pursuit while operating an unmarked department vehicle when the most serious offense was a traf?c offense; 3) Failed to comply with G0. 03?02?01, Section V, D, in that he, while engaged in a motor vehicle pursuit in an unmarked department vehicle, failed to withdraw as the primary pursuit vehicle and assume the role of secondary pursuit unit when a marked department vehicle became available to take over the pursuit; and 4) Failed to comply with G0. 03?02?01, Section V, D-1, in that he initiated and engaged in a motor vehicle pursuit that involved only traf?c offenses in an unmarked department vehicle. Page 3 of 14 INDEPENDENT POLICE REVIEW AUTHORITY Log #1039179 #10-32 SUMMARY OF INCIDENT: On 23 August 2010, at approximately 0002 hours, Of?cer Martin Chatys, #17917 and Of?cer Juan Yanez, #18438 assigned to the Area Two Saturation Team, Beat attempted to make a vehicle stop at approximately 79th Stony Island Avenue. In the course of that traf?c stop, Gar?eld Romel-King disregarded the of?cers and ?ed in a green colored Plymouth Breeze. During the pursuit, Mr. King made a number of stops, suggesting compliance, only to ?ee again after the of?cers exited their squad car. Mr. King also ignored and disregarded the lights and sirens of the initial squad car as well as those of the assisting vehicles which had joined the pursuit. The pursuit ended at approximately 746 West 91St Street after Mr. King crashed into an assisting tactical squad car, injuring Of?cer Rodney Jones and Of?cer Dwayne McGee, as Mr. King attempted to exit the east alley of Halsted at 91$t Street. Mr. King?s car burst into ?ames upon impact with the tactical squad car. Mr. King continued his effort to ?ee and defeat arrest by accelerating his vehicle both backward and forward, striking squad cars, using it as a weapon against of?cers now converging on the car to place Mr. King in custody. Mr. King continued to ignore responding of?cers? verbal commands to stop and exit the car. Mr. King?s actions endangered the lives of the three occupants in his vehicle. Mr. King?s vehicle struck Of?cer Yanez and also placed other of?cers in fear for their lives as Mr. King attempted to ?ee. At this point, responding of?cers discharged their weapons in defense of their lives and their fellow of?cers. Mr. King was shot and died from his injuries. One occupant in Mr. King?s vehicle, W, was shot in the leg as she attempted to jump out of the window. Ms. Anderso to Christ Hospital for treatment. Mr. King was pulled from the burning vehicle by responding of?cers. INVESTIGATION: In an interview with the IPRA on 23 August 2010, a witness, related that she was a passenger in the front seat of a car with an individual named now known as Gar?eld King. A male, now known as and a female, now known as were passen ers sitting in the rear of the car. They were on the Dan Ryan Expressway and had exited at 79t street and went east to Stony Island Avenue. They were at the light located at 79th and Stony Island when an unmarked police car pulled up and told them to pull over. Ms. stated after Mr. King stopped, Mr. King, backed up the car and drove west with the police car in pursuit. Ms. _stated everyone in the car kept telling Mr. King to stop the car and let them out, but Mr. King refused to stop. Mr. King kept saying ?Do you know my background, do you know my background?? When they got to 91'st and Halsted, Mr. King drove and crashed head on into a Chicago Police car. Ms. _stated their car caught on ?re after the crash. She was unable to get out of the front door, so she climbed into the backseat. Ms. stated that Mr. - and Ms. - were able to get out of the car, but Mr. King was still in the front driver?s seat. Ms. _stated that the police started shooting into the car while telling them to get out. Ms. stated the car was engulfed with smoke and she could not see into the front seat. Ms. stated that a police of?cer pulled her from the car and placed her on the ground until an ambulance arrived. Ms. _stated she was shot in the left thigh and left ankle. Ms. - stated that when the police were shooting she did not know what Mr. King was doing. She stated that if Mr. King had shot a gun she would have heard Page 4 of 14 INDEPENDENT POLICE REVIEW AUTHORITY Log #1039179 #10-32 it. She stated that after she was pulled from the car she did not see Mr. King again. Ms. - stated she did not see any weapons in the car. (Att. #142) In an interview with IPRA on 23 August 2010, a witness, related that he ?agged down Mr. King while Mr. King was driving near 92n Emerald. Ms.?vas already in the car with Mr. King. He asked Mr. King if he could take him to pick up his girlfriend, Ms. and bring them back to Mr. - house at 88th Halsted. After they picked up Ms. -, Mr. King went to the liquor store at 79th Halsted. He asked Mr. King to take them him and Ms. -home, which Mr. King did not do. Mr. King instead, drove to the Dan Ryan Expressway and ?nally to 79th Stony Island. While they were stopped at the red light, an unmarked red ?detective? car put their emergency lights on. An of?cer approached the passenger side of Mr. King?s car, opened the door and told Mr. King to shut off the car. Mr. King asked the of?cer if he could pull over and the of?cer agreed. Mr. King then drove off and the unmarked police car followed them. Mr._ stated that he asked Mr. King to let them out and Mr. King replied got this.? Mr. King drove down side streets and alleys. Mr. King eventually drove out of an alley at 91st Street and crashed into a police car. After the crash, Mr. King?s car caught on ?re. Mr._stated that he jumped out of the car and he pulled Ms. - from the car. When he got out of the car the motor was racing and the car was movin . Mr. -stated that he laid down on the ground and the police began shooting. Mr. i stated he did not know where the police were shooting, but the police were not shooting at him and Ms.- (Att. #145) In an interview with IPRA on 23 August 2010, a witness, related that she was picked up from 94th Eggleston by her boyfriend, Mr. Mr. King was driving and Ms. Anderson was sitting in the front passenger seat. She sat in the back seat behind Mr. King and Mr. - sat behind Ms. Mr. King drove to the liquor store on 79?h Street and then on Lake Shore Drive to 67 rey. Mr. King then drove to 79th Stony Island. Ms. -stated that a police car driving in the opposite direction made a U-turn and got behind Mr. King?s car while they were stOpped at the red light. Mr. King drove through the red light and proceeded to ?run? from the police. The police chased Mr. King?s car and Mr. King refused to pull over. Ms.- stated that Mr. King did pull over near a viaduct on 79th Street but when the police of?cers exited their car Mr. King drove away. Mr. King continuously pulled over and drove away from the police of?cers. Ms.- stated that she along with the other passengers asked Mr. King to pull over and let them out but Mr. King replied, got a gun, I?m not stOpping.? Ms. - stated that she could not escape from the car because Mr. King was driving too fast. When they got in the vicinity of 87th Halsted, Mr. King turned the corner and she observed more police cars. Mr. King then stated ?Damn they on me.? Ms. -stated that in the vicinity of 90th Halsted, Mr. King drove on the railroad tracks and a gray colored Impala was driving behind them. Mr. King drove down an alley and there was a gray Chevy sitting at the end of the alley. Mr. King drove into the gray Chevy and the cars became stuck together. Ms. stated that she lost consciousness and she heard Mr. Rodgers calling her name. Mr. Rodgers told her that the car was on ?re. She woke up after Mr. Rodgers pulled her from the car, and as she crawled on the ground she heard gun shots being ?red at the car. She did not know if Mr. King ?red his weapon at the police. She does not know whether or not Mr. King attempted to move the vehicle after the collision. (Atts. #149-150) Page 5 of 14 INDEPENDENT POLICE REVIEW AUTHORITY Log #1039179 #1032 In an interview with IPRA on 23 August 2010, a witness, related that he was at home at 9101 S. Halsted when he heard sirens outside. When he looked out the window he saw a green car being chased by a dark gray or black unmarked police car and other marked blue and white police cars. The green car came out of an alley on 91St Street between Emerald and Halsted and crashed into a gray unmarked police car. Mr.-tated the front of the green car caught on ?re. He saw people get out on the passenger side of the green car. He heard the police shout ?Get out, get out? and then he heard shooting. Mr. - stated that he saw plainclothes and uniformed of?cers shooting at the car, (Atts. #153-155) The Original Case Incident Report and Arrest Report completed under HS476338 indicates that the responding of?cers responded to the scene of a 10-1 at 746 West 91st Street. The of?cers observed an unmarked police vehicle that had been intentionally struck by a green Plymouth Breeze, that was ablaze, driven by Gar?eld Romel?King. The of?cers observed another unmarked police vehicle leaving the scene. Of?cer Juan Yanez was in the back seat and was being transported to Christ HOSpital for injuries sustained during the incident when Gar?eld Romel-King intentionally struck Of?cer Yanez as he was exiting his police vehicle. Of?cer Rodney Jones and Of?cer Dwayne McGee were also intentionally struck by Mr. King?s vehicle and transported to Christ Hospital for treatment. The report further indicates that was taken to Christ Hospital for treatment after she sustained a gunshot wound to her left leg. While being treated at Christ Hospital, Nurse _recovered one clear plastic bag with three additional plastic bags containing suspect cannabis and one clear plastic bag with one tin foil packet containing suspect PCP from Ms._s right bra cup.(Atts. 6) The Illinois Traf?c Crash Report completed under RD indicates that, while attempting to ?ee from the police after a traf?c stop, Unit #1 (driven by Gar?eld King), which was traveling southbound through alleys between 90?h block of Halsted and Emerald, intentionally struck Unit #2 (unmarked police vehicle with emergency equipment activated driven by Of?cer Rodney Jones), which was stopped at 746 West 91St Street. After the initial crash, Unit #1 then intentionally struck Unit #3 (unmarked police vehicle with emergency lights activated driven by Of?cer Martin Chatys) as Of?cer Yanez was attempting to exit the police vehicle. Of?cer Yanez sustained an injury to his right leg due to being pinned between the vehicles. Of?cer Yanez, Of?cer Jones and Of?cer McGee were all transported to Christ Hospital. (Att. Individual Tactical Response Reports and Of?cer?s Battery Reports were completed by the following of?cers, with each indicating that Gar?eld King used a motor vehicle as a weapon in a manner that was likely to cause death or great bodily harm when he used the vehicle to intentionally strike at least one Department Member, police of?cers, and/or police vehicles. - Of?cer Rodney Jones discharged his ?rearm twice in response to Mr. King?s actions and Of?cer Jones sustained non-fatal, major injuries. (Atts. - Of?cer Steven Archer discharged his ?rearm eight times in response to Mr. King?s actions and Of?cer Archer was not injured. (Atts. #10?11); - Of?cer Ajamu-Gom Johnson discharged his ?rearm six times in response to Mr. King?s actions and Of?cer Johnson was not injured. (Atts. #12?13); Page 6 of 14 INDEPENDENT POLICE REVIEW AUTHORITY Log #1039179 #10-32 0 Of?cer Dwayne McGee discharged his ?rearm once in response to Mr. King?s actions and Of?cer McGee sustained non-fatal, major injuries. (Atts. #14?15); - Of?cer Marco Proano discharged his ?rearm ?ve times in response to Mr. King?s actions and Of?cer Proano sustained non-fatal, minor injuries. (Atts. #16-17); - Of?cer Fernando Rodriguez discharged his ?rearm once in response to Mr. King?s actions and Of?cer Rodriguez sustained no injuries. (Atts. #18-19); Of?cer Bobby Weatherly discharged his ?rearm seven times in response to Mr. King?s actions and Of?cer Jones sustained no injuries. (Atts. #20-21); and - Of?cer Juan Yanez was intentionally struck by the vehicle driven by Mr. King and Of?cer Yanez sustained non-fatal, major injuries. (Atts. #22-23). Of?ce of Emergency Management and Communications Records (OEMC), Chicago Police Department Event Queries and the OEMC Voice Transcriptions provided an account of the incident. At 0002:28 hours, Beat reported that they were trying to execute a traf?c stop of a Plymouth Breeze with no plates containing four occupants. Beat indicated that the vehicle keeps pulling over and driving off. Beat indicated that they were traveling at 35-40 miles per hour and they did not have their emergency equipment activated. At 0005249 hours, Beat 42T71B indicated they have a blue and white squad car on scene and they are going to activate their emergency equipment. At 0009110 hours, a 10-1 was called and at 0009:24 hours, shots ?red were reported. (Atts. #77, 217) Crime Scene Processing Reports and Evidence Technician Photographs identi?es evidence recovered at the scene; shows photographs of the involved vehicles, Gar?eld King and Of?cer Yanez, a video of the scene; a hand drawn diagram of the scene; and a gunshot residue test conducted on and (Atts. #65?74) The Detective Supplementary Report completed under RD contains an account of the incident that is consistent with the Summary of Incident and the other related Department reports. (Att. #235) The Chicago Fire Department Incident Detail Report #102350012 indicates that the paramedics found conscious and breathing with multiple gunshot wounds to her left leg. The report further indicates that Ms. Eras transported to Christ Hospital. A second report completed under the same report num er in icates that paramedics responded to treat an unknown gunshot victim but the incident was coded as handled by the police. (Atts. #111-112) Medical Records from Christ Hospital and Medical Center indicate that was treated for gunshot wounds to the left thigh and left ankle. The records also indicate Ms. Anderson was in police custody at the time she received treatment. (Art. #170) The Postmortem Examination Report from the Cook County Office of the Medical Examiner for Gar?eld Romel-King classi?ed Mr. King?s death as a homicide as a result of multiple gunshot wounds. The report further indicates that Mr. King tested positive for blood ethanol. (Att. #168) Page 7 of 14 INDEPENDENT POLICE REVIEW AUTHORITY Log #1039179 #10-32 A report from the Illinois State Police Division of Forensic Services, dated 25 February 2011, indicates that the ?rearms belonging to Of?cer Proano, Of?cer Jones, Of?cer Rodriguez, Of?cer McGee, Of?cer Johnson, Of?cer Weatherly and Of?cer Archer were examined, test ?red and found to be in ?ring condition. The report further indicates the ?rearms inventoried from Gar?eld King were examined, test ?red and found to be in ?ring condition. (Att. #174) A report from the Illinois State Police Division of Forensic Services dated 29 November 2011, indicates that Gar?eld King may not have discharged a ?rearm with either hand. The report further indicates that if Gar?eld King did discharge a ?rearm, then the particles were either removed by activity, were not deposited, or were not detected by the procedure. (Att. #217) In a statement to the IPRA on 01 June 2012, Of?cer Keeynan Wigley gave basically the same account of the incident as he gave in his statement to Detectives on 23 August 2010 as documented in the Detective Case Supplementary Report completed under RD Of?cer Wigley related that he was assigned to Beat in uniform working with Of?cer Johnson. They heard about the car chase involving an outside unit over the radio. They observed the units coming through the district and they joined in on the chase. As they drove behind the Plymouth Breeze, they heard gunshots and a 10-1 call over radio. When he exited the squad car the Plymouth Breeze was moving backward and struck the squad car in front his squad car. The Plymouth Breeze was engulfed in ?ames and shots were being ?red at the Plymouth Breeze. He drew his weapon but he did not ?re any shots because he did not have a good view and he could not see what was going on inside the car. He did not recall seeing any of the passengers exit the vehicle, but he did see the driver, Gar?eld King, get pulled from the car by other of?cers. Of?cer Wigley stated he did see an unknown of?cer get pulled from the squad car that was stopped in front of his squad car. (Atts.# 242-243) In a statement to the IPRA on 05 June 2012, Officer Dwayne McGee gave basically the same account of the incident as he gave in his statement to Detectives on 23 August 2010 as documented in the Detective Case Supplementary Report completed under RD However, during his interview at the IPRA, Of?cer McGee added additional information about the incident. Of?cer McGee related that he was on patrol in plainclothes working with Of?cer Rodney Jones in an unmarked vehicle. They were driving down Halsted Street when they heard over the radio that another unit was trying to curb a vehicle. At that point they observed the vehicle and the other units coming toward them on Halsted. He saw the cars turn onto the train tracks and then saw of?cers get out of the cars on foot, which led him to believe that the offender was now on foot with the of?cers chasing the offender. They then decided to drive to the other end of the alley. When they got to the mouth of the alley all he saw was a white light and at that point their vehicle was struck by the offender?s car. Of?cer McGee stated the squad car air bag deployed and the car began to ?ll up with smoke. He then heard gunshots and thought the offender was shooting at them. He was eventually able to kick the car door open and exit the vehicle. Once he exited the vehicle he saw the offender?s vehicle backing up into an unmarked squad car trying to strike an of?cer. Of?cer McGee stated that he heard the of?cer screaming. He knew Of?cer Jones was on that side of the car too and if the offender?s vehicle kept backing up it could possibly strike Of?cer Jones. At this time, he ?red his weapon once toward the car. Page 8 of 14 INDEPENDENT POLICE REVIEW AUTHORITY Log #1039179 #1032 He was able to locate Of?cer Jones who was at the rear of the offender?s car. Of?cer McGee stated that he grabbed Of?cer Jones? arm and screamed for another nearby of?cer to grab Of?cer Jones? other arm. They then dragged Of?cer Jones away from the car. Of?cer McGee stated he was transported to the hospital by Beat #6729 and Of?cer Jones was transported to the hospital by ambulance. Of?cer McGee stated he sustained a fractured vertebrae and a broken rib. (Atts. #244-245) In a statement to the IPRA on 29 May 2012, Of?cer Rodney Jones gave basically the same account of the incident as he gave in his statement to Detectives on 23 August 2010 as documented in the Detective Case Supplementary Report completed under RD However, during his interview at the IPRA, Of?cer Jones added additional information about the incident. Of?cer Jones related that he was working in civilian dress in an unmarked car with Of?cer Dwayne McGee. They had entered into the 022nd District and had just switched their radio to monitor the 022nd District when they heard about a car chase. They were sitting on Halsted when the car chase drove past them. Of?cer Jones stated that the CPD units were chasing a green Plymouth. The Plymouth turned right onto the train tracks at 91st Street and he heard someone say over the radio ?He bailed,? so they drove to the alley. They thought the person was on foot and would run right toward them. The car then came out of the alley and boned their car. He never saw the car until it struck them. The car hit their car so hard it knocked him out of his seatbelt into the seat with Of?cer McGee and both cars burst into ?ames. He was stunned and tried to get out of the car. He was ?nally able to get out of the car and crawl to the mouth of the alley. As he was sitting on the ground in the alley, the driver of the vehicle, Mr. King, put the car in reverse. As the car came speeding back, it pinned Of?cer Juan Yanez between the two cars. As he sat on the ground, he yelled, ?police stop,? unholstered his weapon and ?red shots at the car. At this time, someone grabbed him and pulled him out of the path of the car. He was then carried to safety near Halsted Street away from the scene and later taken to the hospital by ambulance. He sustained a cracked vertebrae as a result of the car collision. (Atts. #240-241) In a statement to the IPRA on 23 August 2010, Of?cer Steven Archer gave basically the same account of the incident as he gave in his statement to Detectives on 23 August 2010 as documented in the Detective Case Supplementary Report completed under RD However, during his interview at the IPRA, Of?cer Archer added additional information about the incident. He was working in plainclothes assigned to Beat working with Of?cer Weatherly driving an unmarked squad car. They heard the call over the radio of an unmarked vehicle pursuing another vehicle in the vicinity of 83rd and Cottage Grove. The ?rst time he saw the vehicle was when it collided with the squad car at 91St and Halsted. His squad car was directly behind the gray colored squad car that was involved in the collision. After the collision, he and Of?cer Weatherly exited their car and he observed a male passenger get out of the offender?s car and taken into custody by unknown of?cers. At this time, the driver of the car accelerated, colliding into a different squad car and hitting an of?cer who was standing at the passenger door of his squad car. As he walked toward the front of the car, he drew his weapon and told the driver ?Police stop. Get out of the car.? He observed the of?cer that was hit by the car go down and then he observed a female passenger trying to get out of the car. The female passenger looked like she was being dragged by the car and that is when he decided to ?re his Page 9 of 14 INDEPENDENT POLICE REVIEW AUTHORITY Log #1039179 #10-32 weapon. He ?red his weapon because he felt that the of?cer, the female and everyone else was in danger. He was the ?rst of?cer ?red eight shots at the car from the passenger side of the car. He stOpped ?ring at the car because the car stopped moving. He saw Of?cer Weatherly ?re his weapon but did not see any other of?cers ?re their weapon. He just heard the shots. (Atts. #175-176) In a statement to the IPRA on 23 August 2010, Of?cer Marco Proano gave basically the same account of the incident as he gave in his statement to Detectives on 23 August 2010 as documented in the Detective Case Supplementary Report completed under RD However, during his interview at the IPRA, Of?cer Proano added additional information about the incident. He was assigned to Beat #612 working in uniform with Of?cer Fernando Rodriguez. They were monitoring the radio and heard something about a possible vehicle involved in a shooting at 79?h and Stony. When they got to 93r and Halsted, they turned westbound toward Green Street and that?s when he saw a vehicle matching the description given over the radio heading northbound on Green Street at a high rate of speed. They reversed their direction and drove back to Halsted Street because they thought the car was going back to Halsted. He saw the offender?s car driving eastbound on the railroad tracks at approximately 90th and Halsted. They stopped the squad car around 9030 S. Halsted at which time he saw a couple of of?cers running down the alley so he thought that the driver had bailed from the car. They then drove toward the alley at 91st and Halsted. When they turned onto 91St street from Halsted he observed the impact between the green Plymouth and the silver colored unmarked squad car. He then exited his car to render aid to the of?cers in the silver unmarked squad car because the air bags had deployed. When he got to the silver squad car, the of?cers had already gotten out of the car. He did not want to get too close to the cars because the green Plymouth was on ?re. As he approached the green Plymouth, the car started driving back and forth attempting to ?ee. There were a few of?cers standing in front of the car as it was rocking back and forth. At this time he heard ?Of?cer down, of?cer down? and he opened ?red on the green Plymouth. He ?red ?ve shots at the green Plymouth and after his ?fth shot the car stopped moving. After the green Plymouth stopped moving he observed a female passenger waving her hands at which time some of?cers got her out of the car. He then walked around to the driver?s side of the green Plymouth and he observed the driver slouched over. He heard the of?cer that was in a red unmarked squad car yell ?I?m hit, I?m hit.? He and Of?cer Rodriguez got into the red unmarked car, they pulled the injured of?cer inside the car and they drove the injured of?cer to Christ Hospital. He originally thought that the of?cer was shot, but the of?cer told them that he was not shot, but he was actually hit by the green Plymouth. (Atts. #183-184) In a statement to the IPRA on 23 August 2010, Of?cer Fernando Rodriguez gave basically the same account of the incident as he gave in his statement to Detectives on 23 August 2010 as documented in the Detective Case Supplementary Report completed under RD However, during his interview at the IPRA, Of?cer Rodriguez added additional information about the incident. He was working in uniform with Of?cer Proano. He and Of?cer Proano responded to a call of a car that was refusing to stop. Of?cer Rodriguez stated that they heard over the radio that the car was drivin on Lowe street or Green street. The ?rst time he saw the car, the car was driving west on 92n street going toward Green street, so they backed up and drove northbound on Halsted, at which time he saw the car get off 91St street going east to Page 10 of 14 INDEPENDENT POLICE REVIEW AUTHORITY Log #1039179 #10-32 Halsted and then north on Halsted. The car turned and drove onto the railroad tracks, so they then turned onto 91St street and drove east and when they cleared the building at 91st and Halsted, he saw the reaction of the impact between the green Plymouth and the gray colored unmarked squad car. After the collision the two cars were stuck together. He and Of?cer Proano exited their car and headed towards the collision. At this time, the green Plymouth was on ?re and going forwards and backwards. He originally had his taser out just in case someone in the car ran, but he holstered the taser and pulled out his ?rearm. He did not see an of?cer down because of the smoke from the burning car, but he heard someone say ?Of?cer down.? He proceeded to give verbal commands to the driver to exit the car. At this time he ?red one shot and proceeded backwards to take cover. After the shooting stopped, he observed a female sticking her hands out of the back seat window. He and Of?cer Proano located the of?cer that was struck and they drove him to Christ Hospital. (Atts. #185-186) In a statement to the IPRA on 23 August 2010, Of?cer Ajamu-Gom Johnson gave basically the same account of the incident as he gave in his statement to Detectives on 23 August 2010 as documented in the Detective Case Supplementary Report completed under RD However, during his interview at the IPRA, Of?cer Johnson added additional information about the incident. He was working in uniform assigned to Beat #692-Robert with Of?cer Keenyan Wigley. They were at 87th and Wentworth when he heard over the radio that an unmarked car was in pursuit of a car going westbound from 83rd and Ingleside. He got into the squad car at which time he saw a red colored unmarked squad car going southbound on Lafayette toward 87th street behind a green four door car. He did not hear anything over the radio from the initial squad car possibly because the initial squad car may have been on a different radio zone. He drove his squad car directly behind the red unmarked car. The green car drove on either 91St or 92nd and Green, back onto Halsted and then on the railroad tracks at approximately 90th and Halsted. The red unmarked squad car followed the green car onto the railroad tracks and they followed the red unmarked car. Their squad car got stuck brie?y on the railroad tracks and both the green car and red unmarked squad car kept going. When they get into the alley near Halsted the red unmarked squad car was about a half a block in front of them, and then he heard a crash. The green car crashed into a silver colored unmarked squad car. At the end of the alley they exited their squad car and he observed a black male of?cer standing on the outside of the red unmarked squad car. The green car was stuck to the silver unmarked squad car and the green car was spinning its tires going back and forth dragging the silver unmarked squad car in an attempt to ?ee. He approached the green car and he saw a male in the driver?s seat and a female in the back seat. He ordered the occupants heard other of?cers saying ?Stop the car.? He ?red his weapon out of fear for his safety and the safety of other of?cers. He was directly behind the green car and, if the green car had gotten disconnected from the silver unmarked squad car, it would have come straight back towards him and he had no shielding from the car. He fired six shots at the green car and only stopped shooting because other of?cers got into his line of ?re. (Atts. #179-180) In a statement to the IPRA on 23 August 2010, Officer Bobby Weatherly gave basically the same account of the incident as he gave in his statement to Detectives on 23 August 2010 as documented in the Detective Case Supplementary Report completed under RD However, during his interview at the IPRA, Of?cer Weatherly added additional information Page 11 of14 INDEPENDENT POLICE REVIEW AUTHORITY Log #1039179 #10-32 about the incident. He was working in plainclothes assigned to Beat #663-Adam with Of?cer Steven Archer. They heard a call for assistance over the radio regarding a car chase headed westbound on 87th street. The ?rst location given for the car was 87t and Lowe. They relocated to that area, but did not observe the car in the area. They were driving on Lowe when a second location was given for the car, 92nd and Green. After they relocated there, the third location given was northbound on Halsted. They were driving eastbound on 91St street when the tactical car driving in front of them was struck by the offender?s car. After the collision, the offender?s car burst into ?ames. He observed two people exit the rear of the car and a female passenger in the front seat tried to exit, but the driver of the offender?s car was trying to get away from the scene. Of?cer Weatherly stated that the car was going back and forth dragging the female. At that time they exited their vehicle and yelled at the driver to stop the car. The offender?s car tires were spinning because the driver kept driving back and forth. He then heard someone screaming ?Of?cer down, of?cer down.? He saw the offender?s car hit a maroon colored unmarked car on the front passenger side door. He then ?red seven shots at the driver in the offender?s car. Of?cer Weatherly stated that, after the offender?s car struck the ?rst unit, he called a 10-1. (Atts. #181- 182) In a statement to the IPRA on 23 August 2010, Sgt. David Harris gave basically the same account of the incident as he gave in his statement to Detectives on 23 August 2010 as documented in the Detective Case Supplementary Report completed under RD However, during his interview at the IPRA, Sgt. Harris added additional information about the incident. He was working Beat #4222 in uniform. He was at 79th and Halsted when he heard a call over the radio about a unit pursuing a vehicle. He monitored the pursuit and proceeded southbound on Halsted. When he got to 91St and Halsted, he observed a silver colored unmarked police car traveling eastbound on 91St street that was struck by a green car traveling southbound from the alley. After the collision, the green car was on ?re with heavy smoke. He parked his squad car about 30 feet from the collision and exited. As he approached the cars, he heard several of?cers tell the driver of the green car to stop the car because the driver was trying to ?ee. After he heard the of?cer?s verbal commands, he heard a shot ?red and then several other shots followed. When the shooting started he held his position and did not ?re his weapon. He did not ?re his weapon because there were of?cers between him and the green car. After the shooting stopped, a woman appeared from the rear passenger side seat of the green car. At that time he also observed an injured of?cer being dragged into a red colored police car. The red colored police car then sped off. He went over the air and called out ?Shots ?red.? He also told the dispatcher that he believed that a police of?cer had been shot and the of?cer was being transferred to the hospital. He then called for the ?re department because the green car was on ?re. Sgt. Harris stated that initially he was not on the same zone as the pursuit but, once he was on the same zone, the pursuing unit gave out its car speed at 35 miles per hour. (Atts. #177-178) In a statement to the IPRA on 23 August 2010, Of?cer Dan Goosherst related that he was working in uniform with Of?cer Jeff Chevalier driving a marked squad car. They responded to an assist call from of?cers involved in a car chase. We they got to the vicinity of 91St and Halsted they exited their squad car. As they were exiting their squad car, he heard multiple gunshots and Page 12 of14 INDEPENDENT POLICE REVIEW AUTHORITY Log #1039179 #10-32 he began to move toward the offender?s car. When he got near the squad car that was involved in the crash, the gunshots stopped and he noticed that the offender?s car was engulfed in ?ames with heavy smoke coming out of the doors and windows. As he walked toward the offender?s car he noticed of?cers giving verbal directions to a black female, who had her hands extended in the air, as she was trying to exit the rear of the offender?s car. He and another unknown of?cer grabbed the black female and helped her out of the car. He then, with other of?cers, approached the driver?s side of the car, at which time he observed the driver slumped over in the driver?s seat. Since the other of?cers had their weapons drawn, he holstered his weapon, opened the front car door and he and another of?cer pulled the driver out of the car. The driver was unresponsive and he called for an ambulance. After the ?re department examined the driver, his partner got a sheet from the ?re department and placed it over the driver. (Atts. #187-188) In a statement to the IPRA on 23 August 2010, Of?cer Jeff Chevalier related that he was working Beat in uniform with Of?cer Goosherst in a marked squad car. They monitored a pursuit call as they were leaving the 6th District. They drove to the location of 91St and Halsted. When they arrived at 91St and Halsted, he exited the car and ran eastbound on 91St Street. When he exited the car, his partner was still inside the car. As he ran eastbound on 91St Street, he heard 15-20 gunshots, but he did not see who ?red the gunshots. He then took cover behind a squad car to assess what was going on. When he arrived at the scene, he observed a green colored car smoking and engulfed in ?ames. When he got to the green car, he observed two people inside the car, the driver and a female in the rear. After the female was removed from the rear of the car, he focused his attention on the driver. He then noticed his partner going toward the front driver?s side of the car. His partner holstered his weapon and extracted the driver from the car. (Atts. #189-190) Page 13 of 14 INDEPENDENT POLICE REVIEW AUTHORITY Log #1039179 #10-32 CONCLUSION: This investigation found that the use of deadly force by Of?cer Marco Proano, Of?cer Fernando Rodriguez, Of?cer Steven Archer, Of?cer Bobby Weatherly, Ajamu?Gom Johnson, Of?cer Rodney Jones and Of?cer Dwayne McGee was in compliance with Department policy. According to the Chicago Police Department?s General Order 02-08-03, A sworn member is justi?ed in using force likely to cause death or great bodily harm only when he or she reasonably believes that such force is necessary: 1 to prevent death or great bodily harm to the sworn member or to another person, or; 2 to prevent an arrest from being defeated by resistance or escape and the sworn member reasonably believes that the person to be arrested: a has committed or has attempted to commit a forcible felony which involved the in?iction, threatened in?iction, or threatened use of physical force likely to cause death or great bodily harm or; is attempting to escape by use of a deadly weapon or; otherwise indicates that he or she will endanger human life or in?ict great bodily harm unless arrested without delay.? The actions of Of?cer Marco Proano, Of?cer Fernando Rodriguez, Of?cer Steven Archer, Of?cer Bobby Weatherly, Of?cer Ajamu-Gom Johnson, Of?cer Rodney Jones and Of?cer Dwayne McGee were in accordance with the conditions set forth in the Chicago Police Department?s deadly force policy. The of?cers ?red at the car being driven by Gar?eld King after Mr. King?s car collided with a squad car injuring Of?cer Rodney Jones and Of?cer Rodney McGee. Mr. King then attempted to ?ee, at which time Mr. King used his car as a deadly weapon when he drove his car into another squad car, pinning Of?cer Juan Yanez?s leg with the door of the squad car as Of?cer Yanez attempted to exit the squad car. Page 14 of 14