The records were also sent to the Illinois state appellate attorney, whose office agreed that no charges were warranted in either incident, according to Foxx.
On March 29, 2021, 13-year-old Toledo was fatally shot by officers at the end of a foot chase. Police said body camera footage shows Toledo holding a gun in his right hand, but it disappears from view as he turns to the officer and begins to raise his hands as he stands. beaten down. A gun was later found behind a fence a few yards from where Toledo was killed.
Lawyers Adeena Weiss Ortiz and Joel Hirschhorn, who represent Adam Toledo’s family, said they and the family were “deeply disappointed”.
“Despite this decision, we will continue to fight for Adam and have filed our civil lawsuit seeking damages,” they said in a press release. “Officer (Eric) Stillman’s use of lethal force was excessive and posed a threat to the safety of Adam and others. We will be contacting the Department of Justice’s Civil Rights Division to address this horrific parody.”
Foxx noted that even if Stillman can be determined to have violated the Chicago Police Department’s foot pursuit policies, a disposition of the criminal charges by the Cook County State’s Attorney’s Office “must be rooted in calculating Officer Stillman’s perception of whether he was in danger of imminent harm, which led him to … fatally shooting Adam Toledo was reasonable considering the whole of the circumstances surrounding the incident.”
Chicago police responded almost immediately to a notification from ShotSpotter, a gunshot detection system that alerts officers to gunshots. Responding officers were told eight shots had been fired, according to police radio traffic broadcast by authorities, and encountered Toledo fleeing in an alley before chasing after him.
‘Insufficient’ evidence in Alvarez shooting
Alvarez, 22, was shot and killed by Officer Evan Solano — 10 miles from where Toledo was killed — on March 31, 2021, after fleeing from police. Chicago police said he was armed during the case, and surveillance footage shows him dropping what appears to be a gun on the grass nearby as he was shot by an officer.
“After a thorough review, the bureau has concluded that the evidence in this case is insufficient to support the criminal charges against Officer Evan Solano,” Foxx said.
“As in the Toledo case, an officer is justified in using force likely to cause death or grievous bodily harm when he reasonably believes that such force is necessary to prevent death or grievous bodily harm to him. yourself or another person,” she said.
Body camera footage released last year by Chicago’s Civilian Office of Police Accountability (COPA) shows responding officers chasing Alvarez in a car and then on foot in a residential area in northwest Chicago on March 31 2021.
Police said at the time that they were trying to stop and speak with Alvarez, who was “a person familiar to police officers,” according to COPA. Police did not say at the time whether Alvarez was suspected of a crime or what they wanted to talk to him about.
In the footage, an officer is heard saying, “Drop the gun!” twice. Less than a second later, he fires five times. The shooting is visible from both the officer’s body camera video and a nearby home CCTV camera. “Why are you shooting at me? Alvarez shouts from the ground. Alvarez was later pronounced dead from multiple gunshot wounds.
Body camera footage showed two officers later recognizing that a handgun was on the grass near Alvarez.
A call to attorneys representing Alvarez’s family for comment was not immediately returned Tuesday.
“Trust must be a two-way street”
Chicago Mayor Lori Lightfoot said every shooting death is a tragedy and the city must continue to support the families and communities of Toledo and Alvarez.
She added that trust is a two-way street for city residents and police officers.
“Following today’s announcement … this work to build that trust continues, in partnership with the Chicago Office for Police Accountability and our Chicago Police Department,” she said.