CHICAGO (CBS) -- The prosecutor who said 13-year-old Adam Toledo was holding a gun when he was fatally shot by a Chicago police officer has been put on administrative leave.
A spokeswoman for the Cook County State's Attorney's Office said, "In court last week, an attorney in our office failed to fully present the facts surrounding the death of a 13 year old boy. We have put that individual on administrative leave and are conducting an internal investigation into the matter."
At a bond hearing last weekend for Ruben Roman, 21 – the man who was with Adam Toledo – prosecutors said Adam had a gun in his hand when an officer shot and killed him.
Prosecutors said while Roman was the one to fire the gun, Adam was holding it when he was shot and killed by police at a point when Roman was already being detained.
Prosecutors said as Roman was being detained, the other officer kept chasing Adam down the alley and told him to stop, but he kept running. Adam then stopped near a break in a wooden fence, and the officer ordered Adam to show his hands, prosecutors said.
At that point, Adam was standing with his left side toward the officer, and had his right hand at his right side, prosecutors said at Roman's bond hearing. Then Adam turned toward the officer, and it turned out he had a gun in his right hand, prosecutors said. The officer ordered him to drop the gun, prosecutors said.
When he did not, the officer shot Adam once in the chest, prosecutors said this past weekend. The officer gave Adam CPR afterward, but Adam did not survive.
The gun that Adam was holding landed a few feet away against the fence, prosecutors said.
The exact language in the proffer was as follows, with "the D" being Roman and "the V" being Toledo:
"As the D was being detained, the other Officer continued to chase the Victim down the alley. The Officer repeatedly told the V to stop, but the V continued to flee. The V then stopped near a break in a wooden fence. The Officer continued to tell the V to show his hands. At this point, the V is standing with his left side of his body towards the Officer. The V has his right hand at his right side. The Officer tells the V to drop it as the V turns towards the Officer. The V has a gun in his right hand. The Officer fires one shot at the V, striking him in the chest. The gun that the V was holding landed against the fence a few feet away. The Officer immediately radioed for an ambulance and he began chest compressions on the V. The V was subsequently pronounced dead on the scene."
It wasn't until days later that the Cook County State's Attorney's office revealed that the prosecutor at Roman's hearing misspoke about Adam having a gun in his hand when he was shot.
Video since released by the Civilian Office of Police Accountability appears to show Adam was holding a gun in his right hand behind his back just before he was shot, but his hands appeared to be empty as he was raising his arms when the officer shot him.
Adam was pronounced dead at the scene. His right hand also tested positive for gunshot residue, and the Ruger 9mm was recovered against the fence, prosecutors said.
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