Independent Police Review Authority

Log #1064607/ U #13-30

INVESTIGATION
NUMBER:
Log #1064607/ U #13-30, Officer-Involved Shooting
INVOLVED
OFFICER:

Officer A (Chicago Police Officer); Male/White; 41 years old;

Off- Duty; In Civilian Clothes; Year of Appointment 2001

INVOLVED
OFFICERS
INJURIES:

None.

INVOLVED
SUBJECT:

Subject 1; Male/Black; 28 years old

INVOLVED
SUBJECTS
INJURIES:

Bullet wound to the right chest, fatal.

INITIAL
INCIDENT:

Burglary.

DATE/TIME:

31 AUG 13, 2340 hours

LOCATION:

1937 N. Lincoln Avenue gangway

Beat 1814

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Log #1064607/ U #13-30
SUMMARY OF INCIDENT:
On 31 August 2013, Officer A was returning to his residence located at XXXX N.
Lincoln Avenue on foot through the rear alley from his brothers bar, Gamekeepers,
located at 345 W. Armitage Avenue. 1 Upon approaching his residence, Officer A
observed a male subject, now known as Subject 1, on the rear porch of the second floor
of an apartment at 1937 N. Lincoln Avenue. Knowing that 1937 N. Lincoln Avenue was
vacant and in the process of being rehabbed, Officer A asked Subject 1 what he was
doing. Subject 1 responded by stating words to the effect of, You dont want any of
this. You are going to get hurt. I will kill you. Officer A, who was still in the alley,
announced his office, displayed his badge and ordered Subject 1 down from the second
floor. At the same time, Officer A used his cellular phone to dial 911. Subject 1 then
shined a flashlight in Officer As direction before proceeding down the rear stairs. As
Subject 1 proceeded down the stairs, Officer A observed him carrying a backpack and
with his hand in his waistband. As Subject 1 arrived on the first floor, he approached
Officer A while stating, Im going to kill you. Officer A then struck Subject 1 on the
head with the butt of a revolver. Subject 1 fell backward and Officer A ordered him to
surrender. Subject 1 stood up and fled in the opposite direction of Officer A; however,
his path was blocked by a brick wall. Subject 1 then turned toward Officer A, at which
time Officer A observed Subject 1 holding a shiny object near his waist. In fear for his
safety, Officer A fired two rounds, striking Subject 1 in the chest area. Subject 1 was
pronounced dead at the scene. No weapon was recovered, however a large, chrome
colored watch was found near Subject 1.

At the time, Officer A was carrying a revolver belonging to his brother, [Brother of Officer A], which he
subsequently used against Subject 1. [Brother of Officer A] gave Officer A the revolver at the bar to take
to his home for safekeeping.

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Log #1064607/ U #13-30
INVESTIGATION:
In a statement to IPRA on 03 September 2013, Officer A stated he had just
finished having dinner at his brothers, [Brother of Officer A] bar, Game Keepers, located
at 1971 N. Lincoln Avenue. 2 When Officer A prepared to leave the bar, [Brother of
Officer A] asked him to bring his gun home for safekeeping, as he had routinely done in
the past, and [Brother of Officer A] would pick it up from him later. [Brother of Officer
A], a licensed private investigator, had his gun with him because he came to the bar from
work. [Brother of Officer A] does not like to have his gun in the bar and prefers not to
leave it in his car. Officer A left the bar with [Brother of Officer As] gun and walked up
the alley, commonly used as a pedestrian way, toward his residence. Officer A was
wearing citizen dress and did not have his own gun on him at the time.
As Officer A neared his neighbors property, he noticed the top floor light that is
normally on was off, and the gate was ajar. Officer A found it odd because the property
is vacant and his neighbor is in the process of rehabbing the building to rent it out.
Officer A continued to his garage but doubled back to check if everything was okay.
When Officer A went back to his neighbors property, he saw a silhouette and noticed a
subject holding a flashlight with the screen door open. Officer A identified himself as a
police officer and asked the subject, now known as Subject 1, what he was doing.
Subject 1 replied to Officer A, You dont wanna get hurt... You dont want any of this.
Mind your own business. 3
Officer A repeated that he was a police officer and dialed 911 on his cell phone to
report a possible burglary in progress. Officer A pulled out his gun and badge and
announced to Subject 1 that he had his gun and badge. Subject 1 closed the screen door
and shined a flashlight down on Officer A. Officer A then drew his weapon and came
onto the property from the alley. Officer A saw one of his neighbors, Witness 1, walking
down the alley with two people Officer A does not know. Officer A asked Witness 1 to
stay with him because there was a possible burglar. Officer A told Witness 1 to take
cover behind a brick building at 1939 N. Lincoln Avenue and told Witness 1s
companions to leave because it was not safe. Witness 1s companions went on their way.
Officer A told Subject 1 to drop whatever was in his hands and come downstairs.
Subject 1 then shut off his flashlight and went to the south end of the balcony and picked
up an object, which Officer A later learned was Subject 1s backpack. Subject 1
reemerged and walked down the stairs with his hand concealed underneath his shirt in his
waistband area. Subject 1 repeatedly told Officer A he was going to get hurt and to
mind his own business. As Subject 1 continued down the stairs, Officer A repeatedly
told Subject 1 to put his hands up and that the police were on the way. When Subject 1
reached street level he stated, Im gonna kill you motherfucker. 4 Officer A
repositioned himself so that he had a direct line of sight to Subject 1, approximately six
2

Officer A stated he does not drink and did not consume any alcoholic beverages at the bar.
Transcribed statement of Officer A, page 11, lines 29-31.
4
Ibid, page 23, line 20.
3

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feet away from him. Subject 1s right hand was still concealed underneath his shirt, in
his waistband area, and he refused to show his hand.
Subject 1 then squared up his body with Officer A body, with his left leg to the
rear, and lunged at Officer A. While holding the revolver in his hand, Officer A struck
Subject 1 on the forehead with his forearm, and kicked him in the midsection. 5 Subject 1
stumbled backward and turned his back to Officer A. Officer A and Subject 1 were now
four to five feet apart. Subject 1 put his hand underneath his shirt again and told Officer
A he was going to kill him. Subject 1 then turned quickly toward Officer A and pulled
his hand out of his waistband area. As his hand emerged from his waistband area, Officer
A observed a shiny metallic object in Subject 1s hand area. Officer A fired two shots.
Subject 1 fell to the ground and rolled backward down a steep decline on the property
into an area that was completely dark. Officer A heard six or seven seconds of
gurgling and knew that he struck Subject 1 at least once. Officer A then moved away
and dialed 911 to make notification of the shooting and request an ambulance. Officer A
turned to Witness 1, who was standing behind him and to the left, and asked him to go
down the alley and look for the police.
The Detective Supplementary Report documents that Officer A gave detectives
an account of this incident. Officer A stated as Subject 1 descended the stairs, he took
position just outside a wrought iron fence and continued to give Subject 1 verbal
commands to show his hands and get on the ground. Subject 1 disregarded Officer A
orders and instead charged at him. Officer A used direct mechanics to kick and strike
Subject 1, after which Subject 1 stumbled backward and turned his back on Officer A
with his right hand tucked in his waistband. Subject 1 again told Officer A he would kill
him, and then charged him a second time while removing his hand from his waistband.
Officer A observed a metallic object in Subject 1s right hand, and in fear for his life and
safety, discharged his firearm twice.
The Tactical Response Report documents that Officer A used his handgun as an
impact weapon and discharged his firearm after Subject 1 became an assailant who
presented a weapon and used force likely to cause death or great bodily harm. The report
notes that Subject 1 was armed with a metallic object.
The Officers Battery Report documents that Subject 1 repeatedly threatened to
kill Officer A, while implying that he was armed with a handgun by holding his right
hand under his shirt at his waistband. Subject 1 then abruptly turned toward Officer A
and removed a metallic object from his waistband.
In a statement to IPRA on 01 September 2013, Witness 1 stated that he ran into
his neighbor, Officer A, as he was leaving Gamekeepers bar. They chatted briefly and
Officer A headed home. Witness 1 also headed home approximately five minutes later.
As Witness 1 walked down the alley toward his building, he heard some indistinct
yelling. Witness 1 stopped and observed Officer A in a heated exchange with a subject,
5

Officer A stated that in his Tactical Response Report, the checkbox for kicks should also be selected.

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now known as Subject 1, who was on the back porch of a building on the third floor.
Witness 1 stopped approximately ten feet behind Officer A. Officer A held his badge in
his left hand, a gun in his right hand and identified himself as a police officer. Subject 1
yelled and screamed at Officer A. Officer A told Subject 1 to come down and drop
whatever was in his hands. 6
Witness 1 stated Subject 1 replied, Ill kill you niggerfuck yourself. 7 Subject
1 eventually came down to the first floor landing. Subject 1s right hand was either in his
pocket or underneath his shirt. Officer A told Subject 1 to take his hands out of his
pocket and get on the ground. Subject 1 disregarded Officer A orders. Subject 1 stated,
Fuck you. Youre not a fucking cop 8 and came toward Officer A. Officer A
extended his forearm and kicked Subject 1. Subject 1 stumbled backward and Officer A
yelled at him to stay down. Witness 1 stated he was scared and backed up to a distance
of fifteen to twenty feet away from Officer A and Subject 1. Witness 1 then heard two
gunshots, but could not see who fired the shots. Witness 1 then heard Officer A on his
cell phone making notification of the weapon discharge. Officer A asked Witness 1 to
call his brother, [Brother of Officer A].
The Detective Supplementary Report documents that Witness 1 told detectives
essentially the same information he provided in his statement to IPRA. Additionally,
Witness 1 stated he thought Subject 1 had a gun so he backed away. He also stated that
when Subject 1 charged Officer A the second time, he heard Officer A shout, Show me
your hands! at which time Witness 1 heard two gun shots. Witness 1 then asked Officer
A if he was okay because he thought Subject 1 had a gun
In a statement to IPRA on 26 September 2013, [Brother of Officer A], an armed
private investigator, stated that he and his brother, Officer A, watched a football game at
their fathers bar, which [Brother of Officer A] manages. When Officer A got ready to
go home, [Brother of Officer A] asked him to take his [E. [Brother of Officer As]] gun
home with him, and secure it until he could pick it up when he left the bar. [Brother of
Officer A] was going to be at the bar until closing and did not want to keep his gun
because he was scolded by a sergeant in the past for carrying it in the bar. A short time
after Officer A left the bar, [Brother of Officer A] received a call from Officer As
neighbor, Witness 1, who told him to go to his brothers house because something
happened. [Brother of Officer A] walked down the block toward Officer As house and
learned that Officer A was involved in a shooting.
The Detective Supplementary Report documents that during a canvass, Witness 2
told detectives he was watching TV when he heard two males arguing. Witness 2 muted
the TV, opened his bedroom window and heard a male voice state words to the effect of
Get your hands out of your pockets. Witness 2 then heard two gunshots.

Witness 1 stated he never saw anything in Subject 1s hands.

Transcribed statement of Witness 1, page 6, line 5.
8
Ibid, page 14, lines 9-10.
7

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In a statement to IPRA on 21 March 2014, Witness 2 stated he and his wife were
at home watching TV when they heard loud arguing within twenty five feet of their back
door. After one or two minutes, Witness 2 muted the TV and heard a male voice state
something to the effect of, Get your hands out of your pockets. 9 Witness 2 heard
another male yell back something to the effect of, Im not going to get my fin hands
out. The other person replied, Im not going to tell you again; get your hands out of
your pocket. Let me see your hands. The other person said, Im not going to do it.
You know who I fuckin am, or something to the effect of, you dont know who youre
fucking with. 10 Approximately four to five seconds later, Witness 2 heard two or three
gunshots. He then told his wife to call the police.
In a statement to IPRA on 06 March 2014, Witness 3, identified as a witness
during a CPD canvass, stated he was in his apartment with the balcony door open when
he heard yelling and screaming. Witness 3 heard words to the effect of, Show me your
hands, let me see your hands, or get your hands up, but could not decipher anything
else. Witness 3 looked outside and heard what sounded like a gunshot. Witness 3 then
went back inside his apartment and did not see or hear anything further.
In a statement to IPRA on 27 March 2014, Witness 4, identified as a witness
during a CPD canvass, stated he was in his bedroom when he heard someone shout,
Show me your hands! twice. Witness 4 walked out onto his balcony, which is on the
20th floor, and saw a man across the alley standing next to a building at the base of the
stairs, looking into a gangway. The man then extended his arm in front of him and fired
two gunshots. The same man pulled out his cell phone and placed a call. Witness 4 then
went inside his apartment and dialed 911. Witness 4 never saw the person who was shot.
The Detective Supplementary Report documents that during a canvass, Witness 5
and Witness 6 told detectives that their balcony windows were open when they heard a
male shouting. Witness 5 and Witness 6 walked onto the balcony and observed a white
male in the alley giving someone orders and warnings. The white male stated, Put your
hands up and dont go into your pockets. Witness 5 and Witness 6 heard this statement
made three times, followed by two gunshots.
During a phone conversation with IPRA, Witness 5 stated she and her friend,
Witness 6, were in their residence when they heard a man shout, Put your hands up
where I can see them! three times. Witness 5 and Witness 6 stepped onto their balcony,
on the eighth floor, but could not see anyone from their vantage point. Moments later
they heard two gunshots. They then saw a male wearing a black shirt step back into the
alley. The male was on his cell phone. Witness 5 stated she and Witness 6 later learned
that someone had been shot but they never saw the subject.
Attempts to obtain in-person interviews from Witness 5 and Witness 6 were
unsuccessful.
9

Transcribed statement of Witness 2, page 4, lines 15-17.

Ibid, page 4, lines 19-24; page 5, lines 1-2.

10

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The Detective Supplementary Report documents that during a canvass, Witness
7 told detectives that he was watching TV when he heard a gunshot. Witness 7 went out
onto the balcony and saw a male backing up and heard a second gunshot. Witness 7
related he could see the individual who was shooting but could not see who or what he
was shooting at.
During a phone conversation with IPRA, Witness 7 stated he lives in Newport,
Kentucky and was in town visiting at the time of the incident. He stated that he was
watching TV when he heard one gunshot. He went out on the balcony, and from the 17th
floor he looked down into the alley and saw a male who appeared to be on his cell phone.
Witness 7 stated he heard voices but was too far away to decipher the conversation. He
also stated that from his vantage point, he could not see enough of the alley to see what
happened.
Attempts to reach Witness 8, Witness 9, Witness 10, Witness 11, Witness 12,
Witness 13, and Witness 14, identified as witnesses during a CPD canvass, were
unsuccessful.
Contact with Witness 15, Witness 16 and Witness 17, also identified as
witnesses during a CPD canvass, produced no additional information.
A canvass of the vicinity of the alleged incident by IPRA personnel produced no
additional information.
A search for Police Observation Devices (PODs) in the area met with negative
results.
The Crime Scene Processing Report reveals that Subject 1 was in possession of
several IPODS, cell phones, gloves, a watch with a white plastic band and silver face, a
silver handheld radio, $55 USC, a Master Card in someone elses name, a flashlight, and
a canvas Black and Decker bag with tools. Evidence technicians also recovered a watch
with a black wrist band and silver face from the ground by Subject 1s head.
The Office of Emergency Management and Communications (OEMC)
transmissions document that Officer A called OEMC, identified himself as a police
officer, and requested a cruiser at XXXX N. Lincoln Avenue for an attempted burglary at
his next door neighbors house. Officer A provided a description of the subject and
stated the subject refused to come down. Approximately two minutes later, Officer A
called and reported that he just shot someone. The remainder of the transmissions
contain calls to 911 11 and CPD radio transmissions. Analysis of the calls and
transmissions are consistent with Department reports and witness accounts.

11

Witnesses Witness 2 and Witness 4 called 911 and reported hearing gunshots.

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A Chicago Police Department Event Query documents that Officer A placed
the first 911 call at approximately 23:38 hours, 11 seconds; and the second call at 23:41
hours, 00 seconds.
A Synoptic Report from the Bureau of Internal Affairs documents that Officer A
tested negative for drugs and/or alcohol in his system at the time of the incident.
A CFD Ambulance Report documents that Subject 1 was found to be deceased
upon their arrival. Fire Department personnel contacted Northwestern Memorial
Emergency Room but no orders were given.
Evidence Technician photographs depict Subject 1, recovered evidence, and
various angles of the scene.
The Postmortem Examination Report documents that Subject 1 died from one
gunshot wound of the right side of the chest. The manner of death was ruled a Homicide.
There was no evidence of close-range fire. Toxicological analyses returned negative
results.
A report from the Illinois State Police Division of Forensic Services dated 14
January 2014 documents that the Smith & Wesson, .38 caliber revolver, serial #CJR3407,
used by Officer A, was test fired and found to be in firing condition. Further testing
revealed that one fired bullet submitted for examination was fired from the .38 caliber
revolver submitted for analysis. Additionally, two fired cartridge cases and three unfired
cartridges were examined for caliber and type.
Civil Suit 14-L-8588, filed 15 August 2014, alleges wrongful death against the
City of Chicago in that Officer A used deadly force against Subject 1, who was unarmed
and did not pose a threat to any individual, including Officer A.

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CONCLUSION AND FINDING:
This investigation found that Officer As use of deadly force was in compliance
with Chicago Police Department policy. According to the Chicago Police Departments
General Order 03-02-03, II:
A. a sworn member is justified 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 infliction, threatened infliction, or
threatened use of physical force likely to cause death or great
bodily harm, or;
b. is attempting to escape by use of a deadly weapon, or;
c. otherwise indicates that he or she will endanger human life or
inflict great bodily harm unless arrested without delay.

Officer As actions were in accordance with the conditions of CPDs deadly force policy.
All available evidence corroborates statements made by Officer A, in that Officer A fired
at Subject 1 after Subject 1 repeatedly refused to show his hands, threatened to kill
Officer A, charged at him, and turned toward Officer A with a shiny, metallic object in or
near his hand, placing Officer A in imminent fear of great bodily harm or death. There
are multiple independent witnesses whose statements are consistent with Officer As
account.

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