CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1078952

ADMINISTRATIVE SUMMARY REPORT1

I. EXECUTIVE SUMMARY

Date of Incident: December 29, 2015

Time of Incident: 2:40 a.m.
Location of Incident:
Date of IPRA Notification: December 29, 2015
Time of IPRA Notification: 2:48 a.m.

On December 29, 2015 Officers and responded to a disturbance in the

area of . During the encounter Officer discharged her firearm in the
direction of a moving vehicle driven by . This investigation originated as a “Shots
Fired—No Hits” notification to IPRA. The Independent Police Review Authority (IPRA) was
notified of the incident through the Crime Prevention and Information Center (CPIC and was
initially recorded under Log# 1078645.

The incident was converted to a Complaint Register, Log# 1078952, after preliminary
investigation revealed that the firearm discharge was allegedly in violation of Chicago Police
Department policy. Additionally, COPA served allegations against Officers and
for providing false statements related to the incident. The investigation demonstrates
Officer charged her in firearm in violation of Rule 6 and Officers and
provided false statements in violation of Rule 14.

II. INVOLVED PARTIES

Involved Officer #1: Officer , Star# , Employee# ,

Date of Appointment: , 2003, Police Officer,
Unit , DOB: , 1970, Female, White.

Involved Officer #2: Officer , Star# , Employee# ,

Date of Appointment: , 1994, Police Officer, Unit
, DOB: , 1968, Female, White.

Involved Individual #1: , DOB: , 19952, Male, Hispanic.

1
On September 15, 2017, the Civilian Office of Police Accountability (COPA) replaced the Independent Police
Review Authority (IPRA) as the civilian oversight agency of the Chicago Police Department. Therefore, this
investigation, which began under IPRA, was transferred to COPA on September 15, 2017, and the
recommendation(s) set forth herein are the recommendation(s) of COPA.
2
Arrests reports for M list December 20, 1995, as his DOB.

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Involved Individual #2: , DOB: , 1993, Male, Hispanic.

Involved Individual #3: , DOB: , 1995, Male, Hispanic.

III. ALLEGATIONS

Officer Allegation Finding

Officer 1. It is alleged that on December 29, 2015, Officer Sustained
violated the provisions of General Order
G03-02-03, section III (E) in that she fired at a
moving vehicle when the vehicle was the only force
used against her or another person, in violation of
Rule 6.

2. It is alleged that on December 29, 2015, Officer Sustained

provided a false statement to Detective
when she stated that she discharged
her weapon because attempted to strike
Officer with his vehicle, in violation of
Rule 14.

3. It is alleged that on December 29, 2015, Officer Sustained

provided a false statement to Sgt.
when she stated that she discharged her
weapon because attempted to strike Officer
with his vehicle, in violation of Rule 14.

4. It is alleged that on December 29, 2015, Officer Sustained

provided a false statement to Assistant
State’s Attorney when she stated
that she discharged her weapon because
attempted to strike Officer with his
vehicle, in violation of Rule 14.

5. It is alleged that on December 29, 2015, Officer Sustained

provided a false statement to Detective
when she stated that she saw Officer
in the northbound traffic lane prior to
discharging her weapon, in violation of Rule 14.

6. It is alleged that on December 29, 2015, Officer

used deadly force without justification Sustained

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when she discharged her firearm in the direction of

, in violation of Rules 6 and 38.

Officer 1. It is alleged that on December 29, 2015, Officer Sustained

provided a false statement to Detective
when she stated that she was in the
northbound lane of traffic prior to Officer
discharging her weapon, in violation of
Rule 14.

2. It is alleged that on December 29, 2015, Officer Sustained

provided a false statement to Detective
when she stated that vehicle
was coming toward her and she ran to avoid being
struck, in violation of Rule 14.

3. It is alleged that on December 29, 2015, Officer Sustained

provided a false statement to Sgt.
when she stated that attempted to strike
her with his vehicle, in violation of Rule 14.

4. It is alleged that on December 29, 2015, Officer Sustained

provided a false statement to Assistant
State’s Attorney when she stated
that she was in front of vehicle and the
vehicle came toward her, in violation of Rule 14.

5. It is alleged that on January 13, 2016, at Sustained

approximately 8:55 a.m., at 1615 W. Chicago
Avenue, Officer provided a false
statement to the Independent Police Review
Authority when she stated that she was in the
oncoming lane of traffic prior to Officer
discharging her weapon, in violation of Rule 14.

IV. APPLICABLE RULES AND LAWS

Rules
1. Rule 2: Any action or conduct which impeded the Department’s efforts to achieve its policy
and goals or brings discredit upon the Department.
2. Rule 6: Disobedience of an order or directive, whether written or oral.
3. Rule 8: Disrespect to or maltreatment of any person, whether on or off duty.
4. Rule 10: Inattention to duty.

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5. Rule 14: Making a false report, written or oral.

6. Rule 38: Unlawful or unnecessary use or display of a weapon.

General Orders
1. G03-02-03 Deadly Force

State Laws
1. Illinois Compiled Statutes, Chapter 720, Article 5, Section 7-8

V. INVESTIGATION3

a. Interviews

In an interview with IPRA on February 2, 2016, Officer stated that she

and her partner, Officer responded to a battery in progress call. An individual
reported that three or four Hispanic males in a , = , or were
involved in the battery, and one of them pointed a gun at the caller. Officers and
arrived on scene and saw two individuals4 and a vehicle5 matching the description in the
northbound lane of Clybourn Avenue. and were along the passenger side of
the trying to push the vehicle out of a snowbank. Officer also observed a
person in the driver’s seat of the vehicle. Officer
6
stopped the squad car in the
southbound lane of Clybourn Avenue —north of vehicle—close to the center line. Officer
stated that she exited the squad car and stood in front of her opened driver’s side door.
According to Officer , she does not know where Officer stood when Officer
exited the squad car.

Officers and instructed and to put their hands up

and get on the ground. The officers also ordered to roll down the window, shut off the
engine, and put his hands out of the window. and complied, but ignored
all verbal direction. According to Officer , Officer stated that she was going
to handcuff and . Officer stated that the started inching up,
and suddenly revved the engine and drove north on Clybourn Avenue. Because Officer
had stated she was going to handcuff and , who were across the street,
Officer believed that Officer was in lane of traffic as drove
away. Officer fired her weapon twice at to prevent Officer from being
struck by . Officer stated, “When I fired I thought she was in the northbound lane
of traffic on Clybourn Avenue, on the driver’s side.”7 After Officer fired her weapon,

3
COPA conducted a thorough and complete investigation. The following is a summary of the material evidence
gathered and relied upon in our analysis.
4
Now identified as and .
5
6
Now identified as
7
Transcript of Officer , attachment 61, page 75, lines 21-23.

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she observed Officer at the rear passenger side of the squad car, walking around to the
driver’s side.

Officer stated that a squad car pulled up from the south end of the block as
drove away. Officer pointed to vehicle, and the officers in that car pursued
. Officers and entered the squad car and drove forward but decided to
stay on scene with and . Officers and performed pat downs
of and and waited for responding officers to arrive. Officer stated
8
that the sister of either or was on the porch of .
screamed and was irate with the officers and told them they had no right to stop
and . Officer recalled that requested her name or
badge number. Officer replied that the information would be documented in the
paperwork; Officer added that she might have also given her name or
badge number. Officer stated that she and Officer did not have physical
contact with . Officer reviewed her Tactical Response Report9 and
stated that everything in the report appeared accurate and there were no necessary changes.10

During an interview with COPA on May 7, 2018, Officer watched the

surveillance video from and the in-car video from her and Officer
squad car. Officer was confronted with the relevant portions of her prior statements to
Detective Sgt. , and ASA immediately following the incident. Officer
stated that she stands by her statements to Detective , Sgt. , and ASA
, when she stated, in sum, that she discharged her weapon because attempted to strike
Officer with his vehicle, because that is what she believed at the time. Officer
stated that she did not remember whether she told Detective that she saw Officer
11
in the northbound traffic lane prior to discharging her weapon.

In an interview with IPRA on January 13, 2016, Officer stated that she
and her partner, Officer , were on patrol when they heard a radio broadcast
regarding a fight involving a Hispanic male who reportedly pointed a gun at a female. The
dispatcher related that two of the subjects involved in the fight were attempting to push “a
or, I’m sorry a out of the snow.”12 As Officers and approached the
13
scene, driving south on Clybourn Avenue, they observed two Hispanic males in the north lane
of Clybourn trying to push a gold vehicle out of the snow. Officer , who was driving,
stopped the squad car in the middle of the south lane, approximately two car lengths in front of the
. Moments later, and pushed the gold car out of the snow, and the car
idled in the street. Officers exited the squad car and stood at the passenger’s side door.
Officer stood at the driver’s side door with the door open. The officers drew their
weapons and told and to get on the ground.

8
Now identified as
9
Officer stated that Sgt. completed her TRR based on information she provided to him.
10
Attachment 60, 61
11
Attachments 145-146, 148
12
Attachment 62, pg 22 lines 21-23
13
Now identified as and .

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The front driver’s side window of the was slightly cracked, and the officers
saw an individual in the driver’s seat. Officers
14
and told to stop the
vehicle and show his hands. rolled up the window, and the car inched forward. The officers
urged to exit the vehicle and show his hands. Officer stated that Officer
walked around her opened driver’s side door toward the front of the squad car. Officer
stated that she (Officer ) then ran from the front passenger’s side of the squad car around
the back of the squad car and stopped at the opened driver’s side door of the squad car. Officer
explained, “And then I was around that squad car door. So, I was in the oncoming lane
of traffic.” Officer further described where she was standing as, “…I’m in the lane of
the offender’s car.” 15 16

She feared that one of the individuals might harm Officer , because there was a
report of a gun, so Officer yelled at Officer to get back. Officer
explained, “And at one point I was going to go and tackle her, but that’s when the car started
moving towards me. And subsequently that’s when she (Officer ) fired her rounds.”17
Officer stated that Officer fired two shots. When asked if she (Officer
) moved out of the way of vehicle, she stated, “I did.”18 fled the scene
driving north on Clybourn. Officer stated that another squad car pulled up just after
Officer discharged her weapon. Officer pointed for that squad car to follow
. Officers and detained and and waited for other
officers to arrive.

Officer stated that a Hispanic female19 came outside yelling at the officers,
protesting their actions, and demanding their badge numbers. Officer stated that
was impeding the arrests of and , and she and Officer
told to go back to her gate (yard). Officer said that she or
Officer may have grabbed wrist and directed her back to the gate.
Assisting officers arrived on scene and handcuffed and .

Officer stated that she did not complete any reports relative to this incident, but
once at the station she gave her supervisor, Sgt. , an account of the incident. Sgt.
completed Officer Tactical Response Report (TRR) and the related Department
reports. During the interview with IPRA, Officer reviewed the TRR that Sgt.
completed on her behalf. Officer stated that the information contained in the TRR was
accurate.20

During an interview with COPA on May 1, 2018, Officer watched the

surveillance video from and the in-car video from her and Officer
squad car. Officer was confronted with the relevant portions of her prior statement to
14
Now identified as .
15
Transcript of Officer , attachment 62, page 72, line 15.
16
Id., page 31, lines 9-11.
17
Id., page 68, lines 8-11.
18
Id., page 36, lines 22-23.
19
now identified as , sister.
20
Attachments 31-32, 62

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IPRA dated January 13, 2016, as well as statements she made to Detective and ASA
immediately following the incident. Officer acknowledged that the information
she provided in her initial IPRA statement and her statements to Detective and ASA
were false; however, Officer stated that she believed at the time that the
statements were true. Officer stated that she did not specifically recall telling Sgt.
that attempted to strike her with his vehicle.21

In an interview with IPRA on March 2, 2016, Officer stated that he and

his partner, Officer were on patrol when they heard multiple calls regarding an
assault in progress/ person with a gun at 3016 N. Clybourn Avenue. Officer was driving
southbound on Clybourn Avenue when he realized that he overshot the address. Officer
made a U-turn and simultaneously heard a responding CPD unit announce “shots fired” over the
radio.22 As Officer prepared to drive northbound on Clybourn Avenue, he noticed a police
Tahoe parked in the southbound lane facing his direction. Officer approached at a high
rate of speed and observed Officer pointing toward a that was facing
opposite of her and traveling northbound on Clybourn Avenue. Officer understood Officer
gesture to mean that the person in the , , was the person of interest from
the call.23 Officers and attempted to curb the vehicle, but continued driving
at a high rate of speed. Officer pursued the vehicle until lost control and crashed at
Western and Leland Avenues. Officers and then placed into custody.
Officer stated that he later saw Officers and at
Division;24 however, he did not discuss the incident with them. Officer learned from
detectives that attempted to strike Officer with his vehicle, and Officer
discharged her weapon. Officer stated that he could not tell from his vantage point if
attempted to strike Officer with his vehicle.25

In an interview with IPRA on March 2, 2016, Officer provided an account

of the incident that was consistent with Officer . Officer stated that he did not
observe Officer discharge her weapon, and never spoke with Officers or
regarding the incident. Officer stated that he learned from the detectives that
Officer discharged her weapon after attempted to strike Officer with
his vehicle. Officer subsequently completed the Arrest Report.26

In an interview with IPRA on January 13, 2016, Sgt. stated that he was in the
police station when he was notified via phone by Sgt. that there were shots fired
by the police. Sgt. went to the scene and observed Sgt. and a number of officers
already there. Sgt. spoke with Sgt. . Sgt. stated that he could not remember
what information Sgt. relayed to him, other than that Officers and
were involved in a shooting. According to Sgt. , he briefly spoke with Officers

21
Attachments 144, 147
22
Officer stated that he did not observe Officer discharge her weapon.
23
Officer stated that he barely slowed down, and there was no conversation between he and Officer
. Officer did not see Officer at the time.
24
Hereinafter, referred to as the Area.
25
Attachments 81, 90
26
Attachments 82, 89

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and on scene, but he did not remember what they told him about the incident. Sgt.
stated that Sgt. told him to make sure that officers guarded the crime scene, and that he
(Sgt. ) would handle things from there. Sgt. also stated that while on scene, he
received a radio request for a supervisor at the location of incident. Sgt. stated that when he
went to the female caller’s27 location, she declined to speak with him. Sgt. then went back
to the station to assist with the completion and approval of Department reports.

Sgt. stated that he prepared the TRR and Officer’s Battery Reports (OBR) for
Officers and According to Sgt. , Officer related that she
discharged her weapon because she and Officer were in fear of being struck by the
involved vehicle. Sgt. stated that Officer also told him that she and Officer
were in fear of being struck by the vehicle. Sgt. stated that Officers
and sat with him as he completed the TRR and OBR reports, and both officers reviewed
the reports for accuracy.28

In an interview with COPA on April 19, 2018, Sgt. stated that he

was the first supervisor on scene following the shooting. Sgt. ascertained whether there
were any injuries and directed responding officers to secure the scene. Sgt. spoke with
Officer who related that she shot at car or tires.29 According to Sgt. ,
he did not remember whether Officer gave him an account of the incident or told him
why she fired her weapon. Sgt. did not recall whether he spoke with Officer ;
however, if he did, he merely asked if she was okay. Sgt. arrived on scene, and Sgt.
went to the secondary scene, where officers had in custody. Sgt. then
went to division, where he learned that Officer reportedly
discharged her weapon because a car was coming toward her and Officer .30 31

In an interview with IPRA on February 11, 2016, Detective stated that he

and Detective responded to the scene and observed officers putting up crime scene
tape. Detective spoke with Officer , who related that she and Officer
responded to a battery in progress, which was updated to a person with a gun or BB gun call.
Officer continued that she and Officer arrived on scene and simultaneously
received an update that the involved subject(s) were pushing a out of the snow.
Officers and arrived on scene and observed the in the northbound
traffic lane. The idled and jerked forward once or twice. Officer stated that she
and Officer exited the squad car with their guns drawn and directed and •
to put their hands up and lay on the ground. Officer directed to turn off
the vehicle and show his hands but he did not comply. Officer walked in front of her
squad car and stood parallel to the . Officer told Officer that she was
going to handcuff and . As Officer started to approach the to
handcuff and , accelerated. Officer fired her weapon twice in
direction. Detective stated that Officer told him she shot at

27
Identified as .
28
Attachments 30, 63
29
Sgt. could not remember Officer exact words.
30
Sgt. said that he did not remember how he obtained that information.
31
Attachments 143, 149

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because Officer had crossed into the northbound lane of traffic, and the was
travelling toward Officer . Officer told Detective that an unmarked
CPD vehicle approached, and Officer motioned for those officers to pursue the .

Detective then spoke with Officer , who related that when she exited
the vehicle she stood at the passenger side door of the squad car and gave and
verbal commands to put their hands up and get on the ground. Officer related that she
told Officer she was going to handcuff and and proceeded to cross
the yellow median into the northbound traffic lane. Officer stated that the
engine revved, and the vehicle came toward her. Officer turned and ran to the rear of
the squad car to avoid being struck by the . Officer added that she was in the
northbound traffic lane when Officer fired her weapon.

Detective related that, while on scene, he interviewed a 911 caller,

, who reported a disturbance involving , , and . related that
a CPD unit arrived on scene, and she walked away to her kitchen. stated that, moments
later, she heard gunshots but did not see the shooting. Detective also interviewed
32
who stated that he and his wife, ,33 and children were asleep
when he heard yelling outside. = looked out from the third floor and saw a vehicle on the
opposite side of the street and one or two people going to the ground. Shortly afterward, =
observed a female officer34 discharge her weapon. Detective related that he interviewed
approximately one week after the incident. was identified as the person
who dialed 911 and reported that a Hispanic male in a red sweatshirt pointed a gun at her.
did not witness the shooting.

Detective stated that, while on scene, he learned that recorded

the incident. Detective asked to see the video.
showed Detective a snippet of the video and only allowed him to view it with her holding
the phone. Detective related that he attempted to remove the phone from
hand, but she struggled and dug her nails in Detective hand. Detective
twisted the cell phone out of hand and informed her that he would
inventory the phone and give her a receipt. He also informed that he would
obtain a search warrant and search her phone for evidence related to the shooting. According to
Detective , it was necessary to obtain cell phone because there was an
imminent danger that the evidence might be erased or destroyed.

According to Detective , and were transported to the Area for

questioning but they were released without charges, because the investigation revealed that they
were not participants in a crime. Detective stated that, in his interviews with
and , both essentially related that when the officers arrived they put their hands up and

32
Mr. resides at .
33
Detective stated that he did not interview Ms. , but he learned from Detectives and
that Ms. informed them (via language interpreter) that the vehicle drove toward the officer
who fired her weapon. Ms. only saw one officer.
34
Mr. = only saw one officer.

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1078952

laid on the parkway. and heard engine rev followed by a gunshot(s).

Neither nor said where the officers were standing when the gun discharged.

Detective related that came to the Area to inquire about his son,
Detective informed that he would provide an
inventory receipt for cell phone and obtain a search warrant.
contacted and she agreed to come to the Area to sign a CPD consent to search
form. arrived at the Area. Detective explained that he needed to look
at the video. signed the form in the presence of her father, her boyfriend, and
Sgt. , and gave Detective the password for her iPhone 6. Detective
uploaded the video clips from phone to a CD and Detective
returned the phone to her.35

In an interview with IPRA on July 12, 2016, Detective stated that

he arrived on scene and observed crime scene tape affixed and numerous police officers. Detective
spoke with Detective and agreed to canvass the location and look for
video and security cameras. Once Detective completed the canvass, he went to the
Area and completed a video retrieval request for the private security footage36. Detective
later returned to the scene to look for bullet holes. Detective stated that
he had no recollection of speaking with Officers or regarding the incident.
Detective also stated that he does not believe Detective gave him a synopsis
37
of the incident.

In an interview with IPRA on July 22, 2016, Detective stated that when he
and Detective arrived on scene, Sgt. informed him that Officers
and were involved in a shooting, and there was a possible witness. Detective
brought Officer to his squad car and asked her well-being questions. Detective
never asked questions to Officer about the incident, nor did she volunteer any
information. Detective stated that he did not have contact with Officer .
Detective conducted a canvass and returned to the Area.38

In an interview with IPRA on August 24, 2016, Assistant State’s Attorney (ASA)
, assigned to the Felony Review Unit, stated that he went to the Area to review a
case for potential felony charges. ASA met with Detective , who related
that Officer discharged her firearm twice at after drove toward Officer
as Officer crossed the street. ASA then interviewed Officer .
Officer informed ASA that Officer was at the trunk area of the squad
car when Officer ordered to turn off the vehicle. then drove in what Officer
believed would be the direction of Officer , at which time Officer
fired her weapon.

35
Attachments 76, 87
36
According to Detective he requested a tech to retrieve the video, but the request was never completed
37
Attachments 102-103
38
Attachments 104-105

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ASA interviewed Officer , who related that once she and Officer
exited the vehicle, Officer stood in front of the squad car and Officer
went to the rear of the squad car. Once and went to the ground,
Officer announced that she was going to cross the street to detain and .
According to Officer , when she walked in front of vehicle, drove toward
her. Officer backed up and heard, but did not see, Officer discharge her
weapon.

ASA interviewed , and . and related

that they heard but did not see Officer discharge her weapon. never admitted that
he saw police officers on the scene.39

In an interview with IPRA on November 29, 2016, stated that he was

reading at home when he heard yelling outside of his residence. peeked through the
window blinds and observed two men, one wearing a red hoodie and the other wearing a gray
hoodie, arguing. The men started running southbound on Clybourn Avenue; the man in the red
hoodie had what appeared to be a gun in his hand. called the police. The two men
returned and entered a silver, four-door sedan that was parked across the street from
residence, facing northbound. The vehicle was stuck in the snow. Two men exited the back seat
of the vehicle and pushed the vehicle out of the snow40. As the two men prepared to reenter the
vehicle, a squad car arrived on scene driving southbound on Clybourn. A female police officer
exited the squad car and drew her gun.41 heard inaudible yelling,42 and the two men
put their hands up. Approximately thirty seconds later, the driver of the silver sedan drove toward
the officer, traveling north on Clybourn. The officer then fired her weapon twice. The two men
who pushed the vehicle out of the snow remained on scene.43

In an interview with IPRA on December 7, 2016, stated that she

and her husband, , were awakened by a commotion outside their home.
looked out her bedroom window and observed a female officer44 standing outside of a squad car,
yelling to two male individuals, “Stop, raise your hands and get on the ground.” One of the
individuals laid on the ground, but the other individual refused to get on the ground.
stated that the male who refused to comply may have been the same person that later entered a
vehicle ( vehicle) that was double parked across from the squad car.45 Suddenly,
vehicle drove off quickly, and the officer moved to avoid being struck by the vehicle. The officer
told the driver to stop, pointed her weapon at either the ground or the vehicle’s tires and fired one
or two gunshots. Immediately after the shooting, left the window and checked on her

39
Attachments 111-112
40
could not remember whether they were the same two men he initially saw.
41
believes the officer was riding alone as he only saw one police officer.
42
windows were closed.
43
Attachment 116
44
could not provide a description of the officer or her partner.
45
stated that she was unsure if there was a third individual inside the vehicle, or if there were just two
individuals total.

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children. When returned to the window, she observed an individual in handcuffs being
46
escorted to a squad car.

In an interview with IPRA on December 7, 2016, stated that he and his

wife, , were awakened by a commotion outside their home. looked out
rd 47
his 3 floor bedroom window at saw a squad car double-parked in
front of his building facing southbound on Clybourn Avenue, and an officer talking to someone in
a vehicle ( vehicle) that was facing northbound on Clybourn Avenue. A female officer
said, “Get out of the car and get down on the ground.” observed two individuals48 standing
next to vehicle. One of the individuals laid down on the sidewalk as directed, while the
other one stood in the street. laid back down for a few seconds but quickly got up when he
heard a female officer giving additional commands to, “Stop and get out of the car.” = looked
out the window and saw the officer holding a gun as vehicle sped off. M stated that,
although the officer was not directly in front of the moving vehicle or its path, the officer moved
to avoid being struck and then pointed her gun toward the ground and discharged her weapon as
ehicle drove away. = added that the vehicle was moving away from the officer when
she fired her weapon, and the driver of the vehicle did not use the vehicle to strike the officer.49

In an interview with IPRA on March 2, 2016, stated that she was asleep
in her residence, located at , when she was awakened by yelling outside.
went outside and observed a squad car and two police officers, now identified as
Officers and , stopped in the street. also observed her
brother, , and his friend, now identified as , pushing
car out of the snow. said that Officer stood at the driver’s
side door of the squad car with her gun in hand instructing and to get on the
ground while instructing to get out of the car. walked off her porch and
exited her fence because she “was gonna go grab them.” then drove off, and Officer
fired her gun twice. stated that did not try to strike Officer
with his vehicle. does not know precisely where Officer was
when Officer fired her weapon; however, stated that Officer
was nowhere near vehicle or the driver’s side of the squad car. believes
that Officer may have been in the squad car when Officer fired the weapon.

Officer pointed her gun toward and .

walked in front of Officer , extended her right hand and told Officer not to
shoot. Officer grabbed wrist and told her to get on the ground.
yanked away and told Officer not to touch her. Officer
pushed against a fence and told her to return to her house. Other officers arrived
on scene and placed into custody. stated that she dialed 911
throughout the incident in protest of the officers’ actions. An officer, now identified as Detective
, came to residence. informed Detective

46
Attachments 121, 130
47
m stated that he wears prescription eyeglasses for near-sightedness but was not wearing them at the time of this
incident.
48
49
= could not further describe these individuals.
Attachments 124, 129

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that she recorded video of the moments following the shooting. Detective
asked to see the video on phone. as reluctant and asked
Detective why he wanted to see her phone. Detective tried to snatch
phone; clutched her phone, and she and Detective both tugged
at the phone. Detective ultimately took cell phone.
later went to the police station and agreed to sign a consent form for the detectives to download
the relevant images from her phone.50

In an Electronically Recorded Interview with Assistant State’s Attorney ,

Detective , and Detective , related that he,
, and were drinking alcoholic beverages at house. The group left I .
house and went to the liquor store. As the group returned to house, two
unknown males approached them and questioned their gang affiliation. An argument ensued, and
a white car approached the group traveling at a high rate of speed. , , and
ran. entered his vehicle, parked in front of residence, to leave but vehicle
was stuck in the snow. pushed vehicle until pulled out of the
snow, idling his vehicle in the northbound traffic lane on Clybourn Avenue. A police car drove
up on the opposite side of the street and stopped one or two car lengths from car. Two
female officers exited the squad car and ordered and to put their hands up and
get on the ground; and complied. Moments later heard a vehicle
accelerate, followed by gunshots. did not see who fired the gunshots. vehicle
51
was gone when looked up.

In an Electronically Recorded Interview with Assistant State’s Attorney

and Detective , provided an account consistent with
account of the incident. Additionally, stated that when the officers arrived, the officers
stood behind their respective squad car doors pointing their guns and yelling for and •
to get on the ground. and laid face down on the ground, near the grassy
area on the passenger side of vehicle. The officers yelled at to turn off his car.
drove away, and heard gunshots.52

Both IPRA and COPA’s attempts to contact were unsuccessful.53

b. Digital Evidence

The Office of Emergency Management and Communications (OEMC) transmissions

54
and CPD Event Queries document that on December 29, 2015 at 2:10 a.m.,
reported several young men fighting in front of a church at the corner of Leavitt and Clybourn

50
Attachments 85, 101
51
Attachment 127
52
Attachment 126
53
Attachments 77, 119
54
Upon making contact with Ms. , she stated that she dialed 911 to report a physical altercation between a
group of individuals on the street and in a vehicle. Ms. stated that she later heard one or two gunshots, but
she did not witness the shooting. (Att. 41)

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1078952

55
Avenue. Shortly afterward, a caller identified as dialed 911 and reported a disturbance
at Clybourn Avenue and Leavitt Street involving a group of males and a .
reported that one of the individuals pointed a BB gun at her. Dispatch reported a battery in
progress and then subsequently stated a BB gun was pointed. Dispatch repeated multiple times
56
that the weapon was a BB gun. At 2:13 a.m., a caller identified as dialed 911
and reported that a person with a gun just entered a silver four door sedan. related that
the vehicle was facing northbound on Clybourn Avenue and was stuck in the snow. At 2:15:15
a.m., Beat (Officers and ) informed dispatch that they had a vehicle
with registration number . In the background, a female voice was heard yelling, “put
your hands up!” At 2:15:25 a.m., dispatch informed the officers that the plate was registered to a
1993 four door , with as the owner. At 2:15:50 a.m., a female officer
announced, “shots fired by the police.” Moments later, Beat (Officers and )
announced that they were in pursuit of a . At 2:17 a.m., a person identified as
57
dialed 911 and reported hearing a gunshot and people fighting. At 2:18:22 a.m.,
Officers and announced that they had the driver of the ( ) in custody
58
at Western Avenue and Leland Avenue. A caller who identified herself as dialed
911 multiple times starting at 2:22 a.m. reported that she was unhappy with
police service and wanted to speak with a sergeant about her brother’s arrest. At 3:51 a.m.,
reported that an officer injured her wrist when he took her cell phone. Beat
, Sgt. , reported that refused to speak with him and refused
Emergency Medical Services (EMS) treatment.59

In-car video footage from Officer and squad car, vehicle 9131,
shows the officers driving southbound on Clybourn Avenue. At time mark 35:08, the officers
arrive at the location of incident. Simultaneously vehicle, which is on the opposite side of
the street and facing the front of the officers’ squad car, pulls away from the curb and idles in the
northbound traffic lane. Two subjects now identified as and are outside of the
vehicle near the passenger side of vehicle. At 35:27, and raise their
hands over their heads. At 35:35, and lay face down on the ground. At 35:42,
Officer walks from the driver’s side of the squad car and stands in the southbound lane,
in front of the squad car. At 35:44, drives northbound on Clybourn Avenue. Officer
fires her service weapon twice in the direction of vehicle.60 Officer
holsters her weapon and moves toward the driver’s side of the squad car and out of camera frame.
61
A vehicle now known as Beat approaches northbound on Clybourn Avenue with its
emergency lights activated and drives out of camera frame. At 36:06, the officers’ squad car moves
forward slightly and stopped at an angle. At 36:25, Officer walks across the front of the
62
squad car.

55
Identified in the Detective Supplementary Report as r( ).
56
Phone number ( ).
57
( ) was contacted and stated that he heard gunshots but did not witness the shooting.
58
referred to herself as in subsequent calls and was later identified as
(
59
Attachments 19-25, 48
60
Officer is not depicted in the video.
61
This is an unmarked vehicle and it is not equipped with an in-car camera. Attachment 39.
62
Video labeled 1 of 2. Attachment 55

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1078952

In-car video footage from beats ,63 ,64 ,65 ,66 and 67
does
not depict the shooting but contains images of the aftermath.68

Surveillance footage from the condominium building at depicts

Officers and arriving on scene. Each officer exits the vehicle and stands at
their respective sides of the squad car. Officer remains at the front passenger’s side of
the squad car as she and Officer engage with , , and ; Officer
is standing at the front passenger’s side of the squad car when Officer
discharges her weapon. Officer was not in the path of vehicle.69

FIGURE 1

This screen shot is time stamped 2:16:15. The yellow circle shows vehicle pointed
northbound on Clybourn Avenue. The red arrow depicts Officer standing at the driver’s

63
Assigned to Sgt.
64
Assigned to Officers and
65
Assigned to Officers and
66
Assigned to Officers and
67
Assigned to Officers and
68
Attachments 50-54
69
Attachments 49, 95

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1078952

side of the squad in the south bound lane. The black arrow depicts the passenger side door of the
squad open where Officer was standing.

FIGURE 2

This screen shot is time stamped 2:16:26 from the moment vehicle started driving
northbound on Clybourn Avenue. The yellow circle depicts the northbound lane and portions of
the southbound lane. No one is in the northbound lane or near vehicle.

The video obtained from cell phone is 40 seconds long. The video
was recorded after the incident and does not depict the shooting.70

c. Documentary Evidence

The Arrest Report documents that was arrested and charged with
Possession of Cannabis, Aggravated Assault to a Peace Officer, Fleeing/ Attempting to Elude
Officers, Aggravated Unlawful Use of a Weapon, and Possession of a Controlled Substance.

70
Attachments 91, 93

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was also cited for several traffic offenses. It is reported that Officers and
responded to a call of a person with a gun in the vicinity of 3016 N. Clybourn Avenue. While
responding, Officers and heard Beat (Officers and )
announce, “Shots fired.” Upon hearing this, Officers and immediately responded
to the location and saw a gold fleeing northbound from the location. Officer
pointed at the vehicle, alerting Officers and that was the involved
vehicle. Officers and followed the vehicle until it crashed into a fence at 2356 W.
Leland. The driver of the vehicle, , fled from the vehicle and was subsequently
placed into custody. Officers and learned that attempted to strike Officer
with the vehicle.71

Officer Tactical Response Report documents that on December 29,

2015, at 2:17 a.m., near , that did not follow verbal
direction, fled from police and posed an imminent threat of battery. Based on the check-boxes
selected by Officer , was classified as an assailant in the “deadly force” category
citing a vehicle as the force used. The report documents that Officer responded to
actions by member presence, verbal commands, and discharging her firearm two times.
The report was reviewed by Lieutenant who commented, “Based on the facts
available at this time, it is the preliminary determination of the undersigned that Officer
actions were in compliance with department directives in that she fired her weapon
at the driver of a vehicle that was attempting to strike her partner (PO ).”72

Officer Tactical Response Report documents that used force

likely to cause death or great bodily harm (vehicle). The narrative section of the report is identical
to Officer report.73

The Officer’s Battery Reports of Officers and document that

attempted to strike an officer with a vehicle. Officer battery report documents that
one officer was battered; Officer battery report documents that documents that two
officers were battered.74

Court records document that was charged with Aggravated Assault to a Peace
Officer, Aggravated Unlawful Use of a Weapon, Possession of Cannabis, misdemeanor Possession
of Drug Paraphernalia, and several traffic tickets. The criminal charges against were
75
dismissed on January 27, 2016.

The Case Supplementary Report documents that Detective interviewed

Officers and on the scene. Detective memorialization of the
officers’ accounts are consistent with the information Detective provided in his statement
to IPRA. Detective requested that Detective interview at her
residence. informed Detective that she was half awake inside her

71
Attachment 4
72
Attachment 6
73
Attachment 8
74
Attachments 7, 9
75
Attachment 88

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1078952

residence when she heard yelling and screaming on the street, near the front of her residence.
went to her front door and observed her brother, , and a
second male standing on the sidewalk at approximately 3017 N. Clybourn Avenue.
also observed a squad car facing southbound on Clybourn Avenue at approximately
. There was an officer standing next to the driver’s side door, and an officer
by the passenger side. Both officers were facing southbound on Clybourn Avenue and pointing
their guns. related that she then observed a vehicle traveling northbound on
Clybourn Avenue. One of the officers shot twice at the vehicle. The officers entered their squad
car and drove closer to and . The officers told and to get on
the ground. One of the officers opened gate, grabbed her arm, pulled her to the
sidewalk, and tried to push her down. The same officer told her to go back into her house.
initially refused to give the detectives access to her cell phone video, but she later signed
a CPD Consent to Search form at the District Police Station authorizing the search of her
iPhone for video related to the incident. related that she did not record the
shooting but recorded three short video clips after the shooting occurred. The videos were then
downloaded to a Compact Disc. The first file, dated 12/29/2015 at 0731 hours, included a six
second video clip. The video depicted Clybourn Avenue with CPD vehicles and personnel on
scene, and yellow crime scene tape erected. A female voice was talking in the background. The
second file, dated 12/29/2015 at 0726 hours, included a ten second clip. The video depicted
Clybourn Avenue with CPD personnel on scene. The third file, dated 12/29/2015 at 0224 hours,
included a twenty second video clip. The video depicted Clybourn Avenue with CPD vehicles
and personnel on scene. A female voice in the background commented, “this is what happens
when you’re Hispanic and they think your brother and cousin have guns.”

Detectives also interviewed , , ,

76 77 78
, , and . told detectives that he was driving
from a friend’s house and lost control of his vehicle in the snow. denied seeing any Chicago
Police Officers on the street at the date and time of this incident. In a subsequent interview with
detectives, stated that he was in front of house when CPD units arrived.
related that he did not want to be arrested so he drove away quickly. said he never observed
any police officers outside of their vehicle, and he never heard anyone tell him to turn off or exit
his vehicle. drove away and realized he was being followed by a CPD vehicle. tried
to outrun the CPD vehicle, but he lost control and crashed.

The Case Supplementary Report further documents that detectives spoke with 911 callers
and . related that she called 911 to report a disturbance
between a group of males and a man with a gun. left the scene prior to the officers’ arrival.
gave detectives an account consistent with information he related in his statement to
IPRA.79

76
told detectives that she heard two gunshots outside her residence but did not see the shooting.
77
M told detectives that he observed an officer yelling at a motorist to stop their vehicle. The vehicle then pulled
away from the curb and traveled northbound on Clybourn. The officer fired twice at the vehicle.
78
told detectives that vehicle sped away from the curb toward Officer . Officer
yelled, “Stop the car,” and fired her weapon twice at the vehicle.
79
Attachment 99

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1078952

IPRA requested photographs of the involved gold license . No bullet

strikes were located on the vehicle.80

The Crime Scene Processing Report81 documents that magazine from Officers
firearm had a capacity of fifteen bullets in the magazine and one in the chamber.
Officer firearm was processed and thirteen live rounds were in the magazine and
one live round was in the chamber.

d. Additional Evidence

A canvass of the vicinity of the alleged incident produced no additional information.82

VI. ANALYSIS

a. Applicable Directives and Law

1. Legal Standard

For each Allegation COPA must make one of the following findings:

1. Sustained - where it is determined the allegation is supported by a preponderance of the evidence;

2. Not Sustained - where it is determined there is insufficient evidence to prove the allegations
by a preponderance of the evidence;

3. Unfounded - where it is determined by clear and convincing evidence that an allegation is false
or not factual; or

4. Exonerated - where it is determined by clear and convincing evidence that the conduct
described in the allegation occurred, but it is lawful and proper.

A preponderance of evidence can be described as evidence indicating that it is more

likely than not that the conduct reviewed violated Department policy. See Avery v. State Farm
Mutual Automobile Insurance Co., 216 Ill. 2d 100, 191 (2005), (a proposition is proved by a
preponderance of the evidence when it has found to be more probably true than not).

Clear and convincing evidence is a higher standard than a preponderance of the evidence
but lower than the "beyond-a-reasonable doubt" standard required to convict a person of a criminal
offense. See e.g., People v. Coan, 2016 IL App (2d) 151036 (2016). Clear and Convincing can be
defined as a “degree of proof, which, considering all the evidence in the case, produces the firm
and abiding belief that it is highly probable that the proposition . . . is true.” Id. at ¶ 28.

80
Attachments 37, 68
81
Att. 152-154
82
Attachment 28

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1078952

2. Rule 14

Department Rule 14 prohibits making a false report, whether written or oral.83 To sustain
a Rule 14 violation against a police officer, a preponderance of the evidence must demonstrate
“the Officer willfully made a false statement; and (2) the false statement was made about a fact
that was material to the incident under investigation.”84

3. Firing at or Into a Moving Vehicle

The applicable Chicago Police Department’s General Order is 03-02-03, II,85 which states;
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 involves 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 will endanger human life or inflict great bodily harm
unless arrested without delay.

Additionally, General Order G03-02-03 Deadly Force, Section III, (E) applies. This section
of General Order G03-02-03 prohibits Department members from firing at or into a moving vehicle
when the vehicle is the only force used against the sworn member or another person. Finally,
General Order 03-02-03, Section IV, titled “Affirmation of Protection of Life Policy” states that
“[s]worn members will not unreasonably endanger themselves or another person to conform to the
restrictions of this directive.”

The use of deadly force is codified under 720 ILCS 5/7-5 (1986). The pertinent part of the
state statute states that:

…a peace officer, 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 justified 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 justified in using force likely to cause death or great bodily harm only when

83
See Chicago Police Department Rule 14.
84
Agreement Between Fraternal Order of Police Chicago Lodge No. 7 and the City of Chicago, Section 6.1(M).
85
This report references the version of General Order 03-02-03 II in effect on the date of the incident. The Department
subsequently amended its use of force directives.

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1078952

he reasonably believes that such force is necessary to prevent death or great bodily harm
to himself or such other person…

Determinations regarding the potential use of excessive force in the course of an arrest,
investigatory stop, or other seizure are properly analyzed under the Fourth Amendment’s objective
reasonableness standard. The question is whether the officer’s actions are objectively reasonable
in light of the facts and circumstances confronting them, without regard to their underlying intent
or motivation. Graham v. Connor, 490 U.S. 386, 397 (1989); see Estate of Phillips v. City of
Milwaukee, 123 F.3d 586, 592 (7th Cir. 2003). The following factors are instructive in making the
determination of whether an officer’s use of force is reasonable: (1) “the severity of the crime at
issue;” (2) “whether the suspect poses an immediate threat to the safety of the officers or others;”
and (3) “whether he is actively resisting arrest or attempting to evade arrest by flight.” Graham,
490 U.S. at 396 (citing Tennessee v. Garner, 471 U.S. 1, 8-9 (1985)). The analysis of the
reasonableness of an officer’s actions must be grounded in the perspective of “a reasonable officer
on the scene, rather than with the 20/20 vision of hindsight” and “allow for the fact that police
officers are often forced to make split-second judgments – in circumstances that are tense,
uncertain, and rapidly evolving – about the amount of force that is necessary in a particular
situation.” Plumhoff v. Rickard, 134 S. Ct. 2012 (2014) (internal quotations and citation omitted).
The analysis must take into account the totality of the circumstances confronting the officer, rather
than just one or two factors. Plumhoff, 134 S. Ct. at 2020; see also Scott v. Edinburg, 346 F.3d
752, 756 (7th Cir. 2003).

b. Allegations

1. Use of Deadly Force

COPA recommends a finding of Sustained for Allegation #1 against Officer
, that she violated the provisions of General Order G03-02-03, section III (E) in that
she fired at a moving vehicle. According to General Order G03-02-03, section III (E), firing at or
into a moving vehicle when the vehicle is the only force used against the sworn member or another
person is prohibited. However, General Order G03-02-03, section IV provides that “[s]worn
members will not unreasonably endanger themselves or another person to conform to the
restrictions of this directive.”

Officer actions were in direct violation of General Order G03-02-03(E).

Officer asserted she fired at vehicle because she feared vehicle would
strike Officer . However, the surveillance footage from the condominium building at
demonstrates that Officer was standing by the passenger side
of the police vehicle, which was parked in the southbound lane as drove north in the
northbound lane. In other words, vehicle was not close to Officer and posed no
reasonable risk to Officer . Officer was standing in front of the police vehicle
and was also not in the path of vehicle.86 did not use his vehicle as “force” against

86
Officer did not assert she subjectively believed the vehicle posed a risk to herself. Regardless, any such
assertion would be unreasonable. vehicle did not drive towards Officer , and in any event Officer
moved herself to the front of her vehicle completely out of path.

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any person, because no other person was present in the immediate area on the street, except
and . Officer did not assert vehicle posed a threat to or •
, and no evidence demonstrates posed any threat to and .
Therefore, Officer would not have unreasonably endangered Officer or
anyone else by conforming with the prohibition on firing at or into a moving vehicle.87

COPA further recommends a finding of Sustained for Allegation #6 against Officer

, that she used deadly force without justification when she discharged her
firearm in the direction of . Deadly Force is defined as force which is likely to cause death
or great bodily harm and includes the firing of a firearm in the direction of the person to be arrested,
even though no intent exists to kill or inflict great bodily harm; and the firing of a firearm at a
vehicle in which the person to be arrested is riding. According to General Order G03-02-03, section
II (A) (1), 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 to prevent death or great
bodily harm to the sworn member or to another person.88 This investigation revealed that Officer
, without justification, used force likely to cause death or great bodily harm without a
reasonable belief that such force was necessary to prevent death or great bodily harm to any person
when she fired two shots at .

According to General Order G03-02-03, section II (A)(2), an officer is also justified to use
deadly force to prevent an arrest from being defeated by resistance or escape and the sworn
member reasonably believes that the person to be arrested: has committed or has attempted to
commit a forcible felony which involves the infliction, threatened infliction, 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 will endanger human life or inflict great bodily harm
unless arrested without delay. Officer did not reference this part of the directive as
justification for her use of deadly force and it is equally inapplicable. While Officer
was responding to a battery in progress and a report of a man pointing a BB gun89, she did not have
reasonable basis to believe the man was as opposed to , , or some other
individual in the vicinity, had committed the crime based on the extremely limited information she
received. Furthermore, pointing a BB gun would not constitute threatening to use physical force
likely to cause death or great bodily harm. Officer did not directly observe commit
any crimes in her vicinity except driving away from her police vehicle and did not observe
with a firearm. Finally, Officer provided no basis to support the proposition that deadly
force was necessary to prevent from escaping or defeating arrest as opposed to simply
reporting position and license plate number and allowing other officers to pursue him as
appropriate.

For these reasons, Officer used deadly force without justification when she
discharged her firearm in the direction of .

87
In fact, Officer actions significantly increased the danger.
88
Attachment 74
89
To the extent, Officer believed the report was for an actual firearm, her belief was unreasonable as
dispatch repeatedly stated the weapon was a BB gun.

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2. Rule 14 Allegations

COPA recommends a finding of Sustained for Allegation #2 against Officer

, that she provided a false statement to Detective when she stated that
she discharged her weapon because attempted to strike Officer with his vehicle.

In sum, Officer gave a statement to Detective in which she claimed

she fired her weapon because attempted to strike Officer with his vehicle.

Officer account of the incident is false. The surveillance video is entirely

inconsistent with Officer statement. Considering where Officer was
standing throughout the incident, and the direction of vehicle when he fled the scene, it is
implausible and unreasonable that Officer believed that attempted to strike
Officer with his vehicle or that Officer was even in the path of vehicle.
The surveillance footage demonstrates Officer was in the opposite lane of traffic, at the
passenger side of the squad car while drove north in the northbound lane.

Officer location was clearly material as her location is crucial to determining

whether Officer use of deadly force complied with Department policy. Officer
statements became the subject of Arrest and Case Reports and led to the filing of false
charges against —charges that were subsequently dismissed.

Finally, a preponderance of the evidence demonstrates Officer false

statements regarding Officer location was willful. Officer false statement
cannot be reasonably attributed to a mistake, misperception, or any other innocuous explanation.
As explained above, Officer was not close to vehicle. Officer was even
further from vehicle than Officer who was standing near driver’s side and also
not in the path of vehicle. Officer would not even have been in Officer
line of vision if she was looking at vehicle located in the northbound line.
Furthermore, Officer provided her account of the incident to Detective shortly
after the incident and repeated it to Sergeant , Assistant State’s Attorney
, and IPRA investigators. Officer false statements were also memorialized in
Tactical Response and Officer’s Battery Reports.

During her May 7, 2018, interview with COPA, Officer later tried to backpedal
from the statements she made immediately following the incident during her initial IPRA statement
by saying that she believed Officer was in the path of the vehicle based on Officer
saying she was going to handcuff and and the sound of Officer
voice. Furthermore, after being confronted with the video, Officer
attempted to further mitigate her false statement by saying, “that’s what she believed at the time.”
However, it is implausible that Officer perception was flawed to that extent. No one
was in the path of the vehicle, and nothing obstructed Officer clear view of
vehicle or the northbound lane. Moreover, certainly Officer knew she was actually
located by the passenger side door and that vehicle did not drive towards her, but Officer
repeated the same false statements regarding her location as Officer . This

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demonstrates that more likely than not Officer colluded with Officer to come
up with an explanation to justify her clearly unreasonable use of deadly force.

COPA recommends a finding of Sustained for Allegation #3 against Officer

, that she provided a false statement to Sgt. when she stated that she
discharged her weapon because attempted to strike Officer with his vehicle, for
the same basis cited above for Allegation #2.

COPA recommends a finding of Sustained f ion #4 against Officer

, that she provided a false statement to Assistant State’s Attorney
when she stated that she discharged her weapon because attempted to strike Officer
with his vehicle, for the same basis cited above for Allegation #2.

COPA recommends a finding of Sustained for Allegation #5 against Officer

, that she provided a false statement to Detective when she stated that
she saw Officer in the northbound traffic lane prior to discharging her weapon, for the
same basis cited above for Allegation #2.

COPA recommends a finding of Sustained for Allegation #1 against Officer

, that she provided a false statement to Detective when she stated that she
was in the northbound lane of traffic prior to Officer discharging her weapon.

Officer account of the incident is not credible. The video is inconsistent with
Officer statement. This investigation revealed that Officer was not in the
northbound lane of traffic prior to Officer discharging her weapon. Officer
was in the southbound lane of traffic, standing at the front passenger side of the squad car next to
the door at the time of the shooting. Officer never crossed or attempted to cross into the
northbound lane of traffic until after Officer fired her weapon and had left the
scene. Officer was at the passenger side of the vehicle throughout the duration of her
and Officer interaction with . In addition to the video, Officer
statement is also contradicted by eyewitnesses—none of which place Officer in
lane of traffic or in danger of being struck by vehicle. Many of the witnesses never
mentioned seeing a second/passenger officer on scene; this lends credence to the fact that Officer
was at the passenger side of the vehicle and further illustrates that Officer was
not in lane of traffic or near vehicle. The evidence suggests that Officer
colluded with Officer and knowingly and intentionally fabricated this story to
corroborate Officer version of events and justify Officer otherwise
unreasonable use of deadly force.

Officer made a false statement regarding a material detail. Officer

false, misleading statement to Detective was memorialized in Department reports and
led to the filing of false charges against —charges that were subsequently dismissed and is
also material to this investigation of Officer use of deadly force.

It was not until Officer was confronted with the video that she acknowledged that
her statement to Detective was false. Officer attempted to mitigate her false

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statement by saying that she believed the statement was true at the time she made the statement to
Detective . It is implausible that Officer believed she was in the northbound
lane of traffic— lane—when or before Officer discharged her weapon. In her
February 2, 2016, statement to IPRA, Officer gave very vivid detail regarding where she
and Officer were standing during the incident. Officer specifically said that
she was on the passenger’s side of the squad car and ran around the rear of the squad car to the
driver’s side to intentionally place herself near vehicle to further support the false narrative
that attempted to strike her with his vehicle. It is not credible that Officer believed
this information to be true at the time she made this statement. Therefore, Officer false
statement was willful.

COPA recommends a finding of Sustained for Allegation #2 against Officer

, that she provided a false statement to Detective when she stated that
vehicle was coming toward her and she ran to avoid being struck, for the same basis cited
for Allegation #1 against Officer . The fact that Officer alleged that she ran to
avoid being struck by vehicle is clearly contradicted by the video evidence. As explained
above, Officer location was material to determining the validity of Officer
use of deadly force. Finally, Officer false statement was clearly willful. There is no
innocuous explanation for Officer asserting she was in the path of vehicle and
had to run of the way, when she was standing by the passenger side of the police vehicle nowhere
near vehicle as drove away from the area.

COPA recommends a finding of Sustained for Allegation #3 against Officer

, that she provided a false statement to Sgt. when she stated that
attempted to strike her with his vehicle, for the same basis cited for Allegations #1 and 2 against
Officer . While Officer claimed she did not remember specifically what she
told Sgt. , COPA finds there is sufficient, credible information that Officer made
this statement. This is further evidenced by the TRR and OBR reports that Sgt. completed
on Officer behalf based on information she provided to him at the time.

COPA recommends a finding of Sustained for Allegation #4 against Officer

, that she provided a false statement to Assistant State’s Attorney when
she stated that she was in front of vehicle, and the vehicle came toward her, for the same
basis cited for Allegations #1, 2 and 3 against Officer .

COPA recommends a finding of Sustained for Allegation #5 against Officer

, that she provided a false statement to the Independent Police Review Authority when
she stated that she was in the oncoming lane of traffic prior to Officer discharging her
weapon, for the same basis cited for Allegations #1, 2 and 3 against Officer .

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VII. RECOMMENDED DISCIPLINE FOR SUSTAINED ALLEGATIONS

a. Officer

i. Complimentary and Disciplinary History

Officer has been awarded one (1) problem solving award, the 2004 crime
reduction ribbon, twenty (20) honorable mentions, three (3) complimentary letters and the 2009
crime reduction award. Officer has no disciplinary history for the past five years.

ii. Recommended Penalty, by Allegation

1. Allegation No. 1 and 6

Officer was unjustified in firing her weapon twice at fleeing vehicle. At

no point in the interaction did the totality of the circumstances even remotely justify her actions.
Instead, Officer created an unreasonably dangerous situation when she fired her weapon
at a moving vehicle while other civilians were present. Her actions were reckless and baseless and
there were no mitigating factors present. As such, COPA recommends separation from the
Department.

2. Allegation No. 2-5

While Officer actions in firing her weapon were reckless and unreasonable, her
choice to falsify a statement in an attempt to validate her actions is unacceptable. Moreover,
Officer decision to offer a consistent statement strongly suggests that both officers
colluded to cover up her actions. Officer has committed an act that violates the public
trust such that COPA must recommend the Department separate Officer .

b. Officer

i. Complimentary and Disciplinary History

Officer has been awarded the 2004 crime reduction ribbon, four-teen (14)
honorable mentions, eight (8) complimentary letters and the 2009 crime reduction award. Officer
has no disciplinary history for the past five years.

ii. Recommended Penalty, by Allegation

1. Allegation No. 1 - 5

While Officer decision to falsify a statement in an attempt justify her partners

actions by is inexcusable and significantly undermines the community trust in the Department.
Moreover, Officer participation is far worse than just an effort to protect one’s self by
offering false testimony but evidences an intent to collude to cover up a fellow Department
member’s actions. COPA recommends the Department separate Officer .

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VIII. CONCLUSION

Based on the analysis set forth above, COPA makes the following findings:

Officer Allegation Finding

Officer 1. It is alleged that Officer n violated the Sustained
provisions of General Order G03-02-03, section III
(E) in that she fired at a moving vehicle when the
vehicle was the only force used against her or
another person, in violation of Rule 6.

2. It is alleged that Officer provided a Sustained

false statement to Detective when
she stated that she discharged her weapon because
Mr. attempted to strike Officer with
his vehicle, in violation of Rule 14.

3. It is alleged that Officer provided a Sustained

false statement to Sgt. when she stated
that she discharged her weapon because Mr.
attempted to strike Officer with his
vehicle, in violation of Rule 14.

4. It is alleged that Officer provided a Sustained

false statement to Assistant State’s Attorney
when she stated that she
discharged her weapon because Mr.
attempted to strike Officer with his
vehicle, in violation of Rule 14.

5. It is alleged that Officer provided a Sustained

false statement to Detective when
she stated that she saw Officer in the
northbound traffic lane prior to discharging her
weapon, in violation of Rule 14.

6. It is alleged that Officer used deadly Sustained

force without justification when she discharged her
firearm in the direction of Mr. , in violation of
Rules 6 and 38.
Officer 1. It is alleged that Officer provided a Sustained
false statement to Detective when
she stated that she was in the northbound lane of
traffic prior to Officer discharging her
weapon, in violation of Rule 14.

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2. It is alleged that Officer provided a Sustained

false statement to Detective when
she stated that Mr. vehicle was coming
toward her and she ran to avoid being struck, in
violation of Rule 14.

3. It is alleged that Officer provided a Sustained

false statement to Sgt. when she stated
that Mr. attempted to strike her with his
vehicle, in violation of Rule 14.

4. It is alleged that Officer provided a Sustained

false statement to Assistant State’s Attorney
when she stated that she was in
front of Mr. vehicle and the vehicle came
toward her, in violation of Rule 14.

5. It is alleged that on January 13, 2016, at Sustained

approximately 8:55 a.m., at 1615 W. Chicago
Avenue, Officer provided a false
statement to the Independent Police Review
Authority when she stated that she was in the
oncoming lane of traffic prior to Officer
discharging her weapon, in violation of Rule 14.
Approved:

October 30, 2019

_______________________________ __________________________________
Andrea Kersten Date
Deputy Chief Administrator

October 30, 2019

_______________________________ __________________________________
Sydney Roberts Date
Chief Administrator

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Appendix A

Assigned Investigative Staff

Squad#: =
Investigator:
Supervising Investigator:
Deputy Chief Administrator: Andrea Kersten

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