Of?ce of the Kane County State?s Attorney

 

JOSEPH H. 

State?s Attorney
Kane County Judicial Center General Of?ces:
37W777 Route 38 Suite 300 (630) 232-3500
St. Charles, Illinois 60175

April 26, 2019

Chief Kristin Ziman Chief Robert Marshall
Aurora Police Department Naperville Police Department
1200 East Indian Trail 1350 Aurora Avenue

Aurora, IL 60505 Naperville, IL 60540
zimank@apd.aurora.i1.us marshallr@naperville.il.us

 

 

arresi @naperville.il.us
Re: Of?cer involved shooting February 15, 2019
Dear Chief Ziman and Chief Marshall,

We have completed our review of the incident that occurred on February 15, 2019 at the Henry
Pratt facility in Aurora, Illinois. Our review is pursuant to my statutory responsibility as set forth
in the Police and Community Relations Improvement Act. My ?ndings are reported below.

FACTS AND CIRCUMSTANCES OF DEADLY SHOOTING

On February 15 2019, Gary Martin (hereafter Offender), an employee of Henry Pratt, located at
641 Archer Avenue in Aurora, Illinois, arrived for work at approximately 6:45 am. He
encountered Vincente Juarez near the time clock and words were exchanged regarding an incident
that the offender had on February 14, 2019, regarding safety glasses.

The offender spoke to a few employees that morning and was concerned that he may be ?red for
the safety violation. He stated to one employee ?If I get ?red, I?m going to kill every mother
fucker in here.? am going to blow police up.? That employee did not report the statement to
anyone because he believed that the offender was always making ?off the wall? statements and
therefore was not concerned. The same employee was aware that the offender carried a gun in his
vehicle but had never seen him with a gun inside the building and was not aware the offender had
a gun with him on February 15 2019. It is believed that the offender brought the gun and
ammunition into the plant that morning when he arrived for work as there is no video evidence of
him returning to his car prior to the shooting. .

At approximately 1:00 pm, Tim Williams received a text message from Clayton Parks regarding
a disciplinary meeting with the offender to address a write up for not wearing his safety glasses.
Mr. Williams went upstairs to the meeting. Also present for the meeting were Russel Beyer,
Clayton Parks, Josh Pinkard, and Trevor Wehner. Prior to the offender?s arrival, the meeting was
moved to a private of?ce so that other employees could not hear the conversation.

Mr. Beyer spoke to the offender and told him to come upstairs for the meeting. The offender was
seen walking over to his workstation to retrieve something and he also put on a hoody. He walked
upstairs and was seen going into the bathroom prior to entering the of?ce. Once the offender
entered the of?ce he was immediately presented with a written write up. He was then told by Mr.
Parks that they would begin the termination process.

The offender began using profanity, and Mr. Pinkard said to him, ?Ok, it?s over.? At which time
the offender replied, ?Yeah, it is over.?

Mr. Williams started to get up and then he noticed rapid movement and heard gunshots. Mr.
Williams ran toward the door and was shot in the wrist. He ran out of the room and down the
stairs, yelling ?Gary is shooting.?

Employees on the ?rst ?oor witnessed Mr. Williams ?eeing down the steps and the offender

chasing him with a gun in his hand. Employees yelled at the offender to stop. The offender
continued to pursue Williams and eventually shot him twice more in the back.

The offender then went to the loading dock area and was seen by several people shooting Vincent
Juarez. It is apparent from the evidence that he speci?cally targeted Mr. Juarez.

TIME LINE
1:24:07 Dispatch Active shooter

1:28:19 Of?cers Weaver, Cebulski, Zegar and Sheldon enter the
building

1:30:14 Of?cer Marco Gomez shot outside the building, in the
parking lot

1:32:59 - Of?cer Cebulski shot inside the building
1:34:16 Of?cer Renaldo Rivera shot outside the building

1:35:10 Of?cers Adam Miller and James Zegar shot outside the
building

2:59:08 Suspect is down

Video surveillance recovered from inside the Pratt building shows offender positioning himself
near a doorway, armed with a ?rearm prior to the arrival of law enforcement. The offender is
observed walking up to a tinted glass doorway and looking outward in the direction of a parking

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lot. As law enforcement of?cers arrive at the parking lot this offender is observed aiming and
shooting through the glass doors in the direction of and speci?cally toward Aurora police of?cers.

Approximately six minutes after the 911 call was made Of?cer Marco Gomez arrives in the
parking lot area adjacent to the Pratt building. As Of?cer Gomez exits his police vehicle and
crosses the parking area on foot, offender shoots and strikes Of?cer Gomez. Over the course of
the next seVeral minutes offender ?res additional shots at other Aurora Police Of?cers striking and
injuring four additional police of?cers.

Of?cer Weaver of the Aurora Police Department was on- duty on February 15, 2019 when he
heard a call for an active shooter in the district he was assigned to during his shift. Of?cer
Weaver responded to and arrived at the parking lot where the Henry Pratt business was located.
He entered the building with Of?cers Zegar, Cebulski and Sheldon. After hearing gunshots and
hearing someone say the shots came from door #14, Weaver and the group of of?cers made their
way to the entrance they used to come into the building. Weaver and Cebulski went up the stairs
to get in a position of elevation as they continued to look for the offender. While on the second
?oor Weaver and Cebulski moved down a hallway and then began to proceed down a staircase.
As they were making their way down the steps they came under gun?re. Weaver yelled ?Aurora
Police? as more rounds were ?red at him and Cebulski. Weaver started ?ring his weapon in a
manner directed to stop the offender from shooting. Weaver believed he ?red his weapon seven
or eight times. Of?cer Cebulski was behind Of?cer Weaver and called out that he had been hit
by a bullet. Both of?cers backed up and Of?cer Weaver covered the stairs. After approximately
twenty minutes (Of?cer Weaver?s estimate) other Aurora police of?cers arrived to assist Of?cers
Weaver and Cebulski. Of?cer Cebulski had been struck in his kneecap by a bullet.

Of?cer Weaver was wearing his full Aurora Police uniform and yelled Aurora Police when he
was taking ?re because he could not see the shooter, and he did not want to ?re on another police
of?cer. The offender never responded verbally to Of?cer Weaver. Of?cer Weaver was range
quali?ed with his weapon in July 2018.

Naperville Police Of?cer Shaun Moy is a member of the Naperville Special Response Team and
is a Field Training Of?cer. Of?cer Moy was working his normal shift when he was noti?ed about
a shooting at the Henry Pratt facility. The decision was made to respond to the scene with the
Naperville Police SWAT team to assist the Aurora Police Department. Upon arrival at the
command post Of?cer Moy was given a description of the offender. Of?cer Moy entered the
Henry Pratt facility with a team of of?cers and was assigned to carry a ballistic shield. When
Of?cer Moy reached the second ?oor of the facility he observed two subjects laying in a room,
who he believed were deceased. Of?cer Moy, along with Of?cer Ferguson (N aperville Police
Dept.) and other Aurora Police personnel, made their way to the ?rst ?oor of the warehouse and
began clearing rows in the warehouse. Moving north through the building, Of?cer Moy?s team
joined with several other teams in clearing the warehouse.

Of?cer Moy approached an area he described as a workshop. This area was partially separated
from the main warehouse by a partition wall. Of?cer Moy heard a noise that sounded like a piece
of metal fall or roll around. Of?cer Moy stated that team members announced their presence by
saying ?police, show yourself.? As the team advanced past the partition wall, Of?cer Moy
observed the offender quickly pop up from behind some machinery and point a gun at him that
was equipped with a green laser. Of?cer Moy believed the offender?s gun was pointed directly at
him and he observed the offender shoot at least four shots and observed muzzle ?ashes from the

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offender?s weapon. Of?cer Moy stated that he returned ?re with his handgun. Of?cer Moy
indicated that numerous ?ash bangs were deployed that allowed his team to retreat behind the
partition wall. 

Of?cer Moy stated that other of?cers moved further down a row in an attempt to engage the
offender from over the wall. He did not join those of?cers. Of?cer Moy was later advised to
advance on the offender and when he did, he observed that the offender appeared to be deceased.

Of?cer Moy was dressed wearing a SWAT vest, plates, SWAT helmet and a green military style
uniform with police markings. He was armed with a Glock 22, .40 caliber pistol that he is range
quali?ed with. This weapon was turned over to investigators.

Of?cer Shaun Ferguson is employed by the Naperville Police Department and was present at the
Naperville Police Department On February 15, 2019 when he was informed of an active shooter in
Aurora. Of?cer Ferguson was activated to assist the Aurora Police. Upon arriving at the incident
scene Of?cer Ferguson along with Of?cer Moy were directed to enter the building to assist in
locating the offender. Prior to entering the building he had been given a general description of the
offender and knew that ?ve Aurora Police of?cers had been shot. While in the warehouse,
Of?cer Ferguson?s team entered a shipping of?ce and found a female hiding under a desk. The
female provided Of?cer Ferguson with the name of the offender. While in the warehouse, Of?cer
Ferguson also observed a victim on the loading dock who appeared to be deceased. As Of?cer
Ferguson progressed through the warehouse, his and other SWAT teams gave multiple verbal
commands identifying the of?cers as the police and advising the offender to come out with
nothing in his hands. As Of?cer Ferguson?s team came to a intersection of the warehouse,
the police came under ?re from the offender. Of?cer Ferguson and two other of?cers began to
climb racks to obtain high ground over the offender. From his position he observed the suspect
sitting in a chair with a handgun in his right hand at his chest. Of?cer Ferguson observed the
offender?s hand slowly dropping from his chest down to his side. Of?cer Ferguson ?red his
weapon three times. Of?cer Ferguson was range quali?ed with his weapon in June 2018.

Detective Bosson is an Aurora Police Of?cer and was off duty on February 15, 2019 when he
received a page to report to the station. He arrived at the Aurora Police Department, secured his
gear and drove to the scene of the incident with other members of the Aurora Police Department.
Detective Bosson is a member of the Aurora Special Response Team Unit as a sniper. Detective
Bosson entered the building with other Aurora Police of?cers and a Naperville police of?cer.
They began searching for the offender in the warehouse. Detective Bosson described the
warehouse as huge with many rows of shelves and equipment. As the team pushed forward he
heard multiple gun shots from what sounded like a pistol as opposed to a ri?e. As teams fell
back, Detective Bosson and a Naperville police of?cer checked down the last aisle and began
climbing up a rack. Detective Bosson observed that there was a break in the wall that would give
someone a view of what was on the other side. Detective Bosson, could see 4-5 sparks and
initially thought that the offender was shooting. Detective Bosson moved himself into a position
that allowed him to observe the offender. He saw the offender seated in a chair with a pistol in
his right hand. It appeared that the offender was waiting for police to enter the area where the
offender was located in order to ambush the police. It did not appear to Detective Bosson that the
offender was injured as Detective Bosson did not observe any blood or trauma to the offender at a
distance of approximately 20-25 yards. Detective Bosson ?red his ri?e twice at the offender. He
believes that the ?rst shot struck the offender in the chest and the second shot struck the offender

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in the head. Detective Bosson observed the Naperville of?cer ?re his weapon three times at the
offender. Detective Bosson was range quali?ed with his weapOn in January 2019.

Deputy McDevitt is a Kane County Sheriffs Deputy who is also a member of the Kane County
Sheriffs SWAT team. On February 15, 2019, Deputy McDevitt answered a call out for SWAT
team members and responded to the staging area at 732 Prairie St., Aurora. Deputy DcDevitt
entered the building occupied by the Henry Pratt business through loading dock door #14 with
other SWAT team members. Once inside the main warehouse area Deputy McDevitt?s team
joined with other SWAT teams and began clearing the warehouse area working towards the
northern end of the building. As they approached the northern area of the building Deputy
McDevitt observed an open room with large machines and equipment. As his SWAT team broke
the threshold of that room the offender began shooting at the SWAT team from a position in the
northwest comer of the open room. Deputy McDevitt advised investigators there was a
confrontation that involved more than one volley of gun?re. Deputy McDevitt is a licensed
paramedic and after the gun?re ended, made his way to the offender who was later identi?ed as
the offender. Deputy McDevitt observed that the offender was unresponsive, apneic and pulseless
upon assessment.

Deputy Wasson is a Kane County Sheriff?s Deputy who shortly after 1:30pm on February 15,
2019, received a SWAT page to 732 Prairie Street, Aurora due to an active shooter incident at 641
Archer Ave., Aurora, IL. Upon his arrival at the staging area he was teamed with other members
of the Kane County Sheriff? Of?ce SWAT team who were then directed to enter the building to
locate the offender. (Deputy Wasson was placed on the same SWAT team with Deputy McDevitt)
Once inside the building Deputy Wasson?s SWAT team joined other teams in the effort to clear
the building and locate the offender. Deputy Wasson?s team entered the main warehouse and
began to work north. As Deputy Wasson?s team reached the northern side of the warehouse he
observed a large room containing large machines and equipment. The room was separated from
the main warehouse by a brick wall that extended to the west but did not go all the way to the
ceiling. There were pallet racks with supplies and equipment against the wall. As Deputy
Wasson?s team reached the area of the open room the offender began to shoot at the of?cers from
the northwest corner of the room. Deputy Wasson and of?cers from other SWAT teams ran
towards the other side of the wall in an attempt to ?ank the offender. Deputy Wasson assisted
two other of?cers in climbing the pallet racks to look over the brick wall. Once those of?cers
reached that position, Deputy Wasson heard a second exchange of gun?re. Deputy Wasson
believes the offender was neutralized in this subsequent exchange 0f gun?re.

Of?cer Gartner of the Aurora Police Department was working as a school resource of?cer at
Waubonsee Valley High School when the call came in for an active shooter. He responded to
Luigi?s (an area restaurant used as a staging area near the incident location) and was assigned to
an entry team. Of?cer Gartner made entry to the building and carried a shield. He was with
several teams of of?cers as they approached the north end of the building and was present when
the offender began to ?re on of?cers inside the warehouse. Of?cer Gartner did not observe the
offender shoot but did observe muzzle ?ashes from the offender?s weapon. Of?cer Gartner ?red
his handgun at a mirror the offender was using to observe police as the of?cers advanced on the
offender? 5 position. After the offender had been neutralized he saw the offender?s weapon on the
?oor adjacent to the offender who was slumped down in a chair.

FORENSIC PATHOLOGITS FINDINGS

Dr. Mitra Kalelkar performed an autopsy on the offender on February 16, 2019. In her opinion
the offender?s cause of death was due to multiple gunshot wounds. The offender sustained six
gunshot wounds labeled as follows by the doctor:

1. Gunshot wound number 1 was to the middle of the offender?s
forehead and its course was front to back.

2. Gunshot wound numb er 2 entered the offender?s right jaw and
fractured the suspect?s skull. The bullet?s course was upward.
There was powder and soot surrounding the wound margin that
indicates contact range of ?ring. (This is likely a self-in?icted
wound.)

3. Gunshot wound number 3 was to the offender?s left anterior
chest. It perforated the left lung. Its course was front to back,
right to left and there was no evidence of close range ?ring.

4. Gunshot wound number 4 was to the offender?s right anterior
chest. It lacerated the offender?s heart. Its course was front to
back, right to left and there was no evidence of close range
?ring.

5. Gunshot wound number 5 was to the offender?s left anterior
chest and perforated the left lung and heart. Its course was front
to back, right to left and there was no evidence of close range
?ring.

6. Gunshot wound number 6 was to the middle of the offender?s
chest. It perforated the stomach, left lung and heart. Its course
was front to back and right to left and there is no evidence of
close range ?ring.

FIREARM. AMMUNITION AND MAGAZINES RECOVERED

A Smith and Wesson 40 caliber semi-automatic handgun with a serial number of
HRN8252 was recovered on the ?oor next to the chair in which the offender was seated. This
weapon was loaded with one bullet chambered and six (6) bullets in the seated magazine, with the
gun?s hammer cocked. An additional magazine containing 10 .40 caliber bullets was located in
the left pants pocket of the offender. The offender was armed with a folding knife in his right
pants pocket. The Illinois State police crime lab has identi?ed 64 ?red cartridge casings,
recovered at the scene, as being ?red from the Smith and Wesson 40 caliber semi?
automatic handgun with a serial number of HRN8252. Additional magazines were recovered from
the offenders? personal belongings.

Deceased Offender

Gary Martin (DOB 4/28/73)
1980 Selmarten Rd.

Aurora, Illinois 60506

Iniured Police Officers

Of?cer Marco Gomez Aurora Police Department
Of?cer James Zegar Aurora Police Department
Of?cer Adam Miller Aurora Police Department
Of?cer John Cebulski Aurora Police Department
Of?cer Reynaldo Rivera Aurora Police Department

Civilians Killed by the Offender
Russell Beyer

Vicente Juarez

Clayton Parks

Trevor Wehner

Josh Pinkard

Civilian iniured by the Offender
Timothy Williams

APPLICABLE ILLINOIS LAW
The law of the State of Illinois as it applies to the use of force in this matter is set forth as follows:
720 ILCS 5/7-1 Use of force in defense of person

A person is justi?ed in the use of force against another
when and to the extent that he reasonably believes that such conduct
is necessary to defend himself or another against such other?s
imminent use of unlawful force. However, he is justi?ed in the use of
force which is intended or likely to cause death or great bodily harm
only if he reasonably believes that such force is necessary to prevent
imminent death or great bodily harm to himself or another, or the
commission of a forcible felony.

720 ILCS 5/7-5 Peace officer?s use of force in making arrest

Peace of?cer?s use of force in making arrest. A peace
of?cer, or any person whom he has summoned or directed to assist
him, need not retreat or desist from efforts to make a lawful arrest
because of resistance or threatened resistance to the arrest. He is
justi?ed in the use of any force which he reasonably believes to be
necessary to effect the arrest and of any force which he reasonably
believes to be necessary to defend himself or another from bodily
harm while making the arrest. However, he is justi?ed in using force
likely to cause death or great bodily harm only when he reasonably
believes that such force is necessary to prevent death or great bodily

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harm to himself or such other person, or when he reasonably believes
both that:

(1) Such force is necessary to prevent the arrest from being
defeated by resistance or escape; and

(2) The person to be arrested has committed or attempted a forcible
felony which involves the in?iction or threatened in?iction of great
bodily harm or is attempting to escape by use of a deadly weapon, or
otherwise indicates that he will endanger human life or in?ict great
bodily harm unless arrested without delay.

Crimes committed by the offender toward Police Of?cers

720 ILCS Murder

720 ILCS 5/8-4 Attempt
A person commits attempt murder, without lawful authority, he takes
a substantial step toward the commission of the crime of First Degree
Murder, by intentionally shooting another individual.

720 ILCS 5/12-1 Assault
A person commits an assault when, without lawful authority, he or
she knowingly engages in conduct which places another in reasonable
apprehension of receiving a battery.

720 ILCS Aggravated Assault

A person commits aggravated assault when, in committing an assault,

he or she knows the individual assaulted to be a peace of?cer,

?reman, emergency management worker, or emergency medical

personnel:

performing his or her of?cial duties;

(ii) assaulted to prevent performance of his or her of?cial duties;
or 

assaulted in retaliation for performing his or her of?cial
duties.

720 ILCS Aggravated Battery with a Firearm

A person commits aggravated battery with a ?rearm when he
discharges a ?rearm, other than a machine gun or a ?rearm equipped with a
silencer, and causes any injury to a person he or she' knows to be a peace
of?cer, community policing volunteer, person summoned by a police of?cer,
?reman, private security of?cer, correctional institution employee, or
emergency management worker:

performing his or her of?cial duties;

(ii) battered to prevent performance of his or her of?cial duties; or

battered in retaliation for performing his or her of?cial duties.

720 ILCS Aggravated Discharge of a Firearm

A person commits aggravated discharge of a ?rearm when he or she
knowingly or intentionally:

(2) Discharges a ?rearm in the direction of another person or in the direction of a
vehicle he or she know or reasonably should know to be occupied by a person.

CONCLUSION

All peace of?cers who responded to the incident scene and ?red their weapons at the offender
were justi?ed in doing so. The offender had just committed multiple acts of First Degree Murder
and was still armed with a ?rearm and ammunition for the weapon. The offender ?red multiple
gunshots at police of?cers arriving at the location of the incident without provocation or legal
justi?cation. The offender ?red on Of?cers Weaver and Cebulski without provocation and even
after Of?cer Weaver announced their presence as police of?cers. The offender ?red at multiple
SWAT teams including Of?cer Moy and others. The offender did not respond to multiple verbal
commands to cease his actions and surrender at any time during this incident. The offender
positioned himself in the northwest comer of the building, providing cover for himself and used a
mirror to monitor the advance of police on his position. As the police came into his line of ?re,
the offender?s course of action was to shoot at the police with his handgun. This action forced the
police to retreat to avoid being struck by the offender?s gun?re. SWAT team members climbed to
a position of height to obtain access to the offender to stop him from shooting at the police.

Based upon a review of the investigation, all of?cers at the scene of this incident had the
reasonable belief that the deadly force they employed was necessary to prevent death or great
bodily harm to themselves and other individuals as they attempted to locate and arrest the
offender.

Our review of this matter pursuant to 50 ILCS 727/1 -1 0 will be considered closed by
this of?ce regarding an of?cer(s) involved death. There is no evidence that any police
of?cer committed any unlaw?ll acts. Law enforcement reports may now be released,
pursuant to the Police and Community Relations Improvement Act.

Sincerely 

    
  

    

oseph H. McMahon
Kane County State?s Attorney