Police watchdog agency completes investigation of fatal shooting of 13-year-old Adam Toledo
CHICAGO (CBS) -- The Civilian Office of Police Accountability (COPA), the city's police watchdog agency, announced Thursday it has completed its investigation into the fatal police shooting of 13-year-old Adam Toledo during a foot chase last year in Little Village, and will make its findings public once Police Supt. David Brown reviews and responds to the report.
Brown has 60 days to review COPA's findings and respond to any recommended disciplinary action against the officers involved in the chase and shooting, but may request an additional 30 days if needed.
The completion of COPA's investigation comes one month after Cook County State's Attorney Kim Foxx announced Officer Eric Stillman would not face any criminal charges for shooting Adam.
Foxx said, while Stillman and another officer involved in the chase might have violated Chicago Police Department foot pursuit policies, there was not sufficient evidence that he committed a crime when he shot Adam.
Stillman shot and killed Adam after a foot chase in an alley near 24th Street and Sawyer Avenue in Little Village on March 29, 2021, less than a second — to be precise, 838 milliseconds — after Adam dropped a gun he had been carrying.
Video footage released weeks after the shooting shows Toledo and 21-year-old Ruben Roman standing on a street corner when several shots were fired early on the morning of March 29. Both then ran past a church and into a nearby alley. Body camera footage shows an officer chasing Toledo down the alley, telling the boy to show the officer his hands.
"Stop! Stop right f***ing now! Hands! Show me your f***ing hands!" the officer is heard saying.
Adam can then be seen stopping near a gap in the fence in the alley, with both hands at his side, his left shoulder facing the officer. When the video is slowed down, a frame of the footage does appear to show a gun in Adam's hand just before he raises his arms and the officer opens fire. Surveillance video of the same moment from a different angle appears to show Adam with his right arm behind the fence, possibly making a throwing motion, and then turning back toward the officer. However, at the moment when the officer opens fire, the body camera video shows Adam has his hands up, and they appear to be empty.
Foxx cited that surveillance video footage when describing the decision not to charge Stillman with a crime.
"Officer Stillman believed that Adam had a gun. After running nearly a full block in the alley, Officer Stillman saw a handgun in Adam's right hand, and shouted for him to drop it. Before dropping the weapon, Adam began turning his body towards Officer Stillman, with his left hand raised up in front of his body, and his right hand lowered to his side, behind the wooden fencepost. Officer Stillman saw the weapon in Adam Toledo's right hand, as Adam was stopped near the wooden fence, and began turning towards Officer Stillman," Foxx said last month.
Foxx noted that less than one second passed from the time Toledo began turning towards the officer and raising his hand, and the moment Stillman shot him.
"Based on the facts, the evidence, and the law, we have concluded that there was no evidence to prove that Officer Stillman acted with criminal intent. Officer Stillman fired only one shot. Officer Stillman explained that, after he fired the one time, he saw Adam's right hand was empty. He assessed the situation, and did not fire again, because he believed the threat no longer existed," she said. "Officer Stillman reacted to the perceived threat presented by Adam Toledo, who he believed at the time was turning toward him to shoot him. After the single shot was fired, and Officer Stillman recognized that Adam Toledo was no longer a threat, he immediately rendered aid, and continued to do so until the assisting officers and the paramedics arrived."
In Little Village, community activists were disappointed and furious about the decision.
"It's a shame Kim Foxx is not pursuing criminal charges," said Baltazar Enriquez, president of the Little Village Community Council.
Enriquez led protests in the days following the shooting that killed Adam, and pushed for the release of the officer's body cam video.
"It's s like we got shot again, and this time by Kim Foxx's office," Enriquez said. "We're very upset. The community is super upset. This officer, Eric Stillman, should be charged with a minimum of manslaughter."
