Prosecutor says Naperville police justified in June 3 fatal shooting of man with a hatchet

CBS News Chicago

CHICAGO (CBS) – Local prosecutors determined the fatal Naperville police shooting of a man who charged at an officer with a hatchet on June 3 was justified.

DuPage County State's Attorney Robert Berlin said in a statement his office reviewed evidence in the shooting of Edward Samaan, 28, by Naperville police officer Frank Tonkovich in the intersection of Bond and McDowell Street in Naperville.

"It is my determination that the officer's actions were justified and no criminal charges will be filed against the officer," Berlin said in the statement.

Around 11 a.m., Tonkovich was conducting a traffic stop. While speaking to the driver of the vehicle he stopped, a silver Ford Fusion driven by Samaan stopped in the middle of the road within a few feet of Tonkovich, prosecutors said.

Samaan exited the Fusion with a hatchet in his right hand and charged at Tonkovich who drew his gun and fired six shots. Samaan was hit five times and killed.

MERIT Public Integrity Team, a countywide task force, conducted the investigation into the shooting.

According to the State's Attorney's statement, Tonkovich said when Samaan drove up to him, "He had a crazed look in his eyes. He exited from his vehicle in an aggressive manner with a hatchet and immediately and violently charged at me."

Tonkovich added that he "fear[ed] for my life" and for the life of the driver of the vehicle he had initially stopped.

Berlin said in part in his statement that Tonkovich "reasonably believed that Edward Samaan was trying to kill him or the subject of the traffic stop, and reasonably believed deadly force was necessary to prevent imminent death or great bodily harm."

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