Video contradicts FBI agent's account of shooting during gun trafficking sting in Country Club Hills

Newly released cell phone video of a police shooting in south suburban Country Club Hills appears to contradict what a federal agent claims happened during an undercover gun trafficking sting operation last week.

That video led federal prosecutors to drop all charges against three men accused of trying to rob undercover ATF agents during the sting.

A lawyer for 18-year-old Demond Edwards, one of the three men who had been charged said the video contradicts several statements that were made in a sworn affidavit from an FBI special agent in the criminal complaint that was filed last week.

"It shows that the cop lied," Foutris said.

Bill Foutris said he doesn't understand how charges were ever filed against his client in the first place.

The cell phone video taken on June 9 shows a Chicago Police officer on an ATF task force conducting an operation in Country Club Hills.

Prosecutors said Demond Edwards and two other men got out of a car, pointed guns at undercover law enforcement officers and an informant, and tried to rob them.

The criminal complaint alleged Edwards ran away and was caught by the CPD officer and then punched the officer multiple times, including in the face, which is why the officer said he had to shoot Edwards.

But cell phone video of the incident doesn't show Edwards punching the officer before the officer shot him.

"If you're looking at the first 25 seconds, you can see that this is not the kind of case that should have resulted in any kind of a shooting," Foutris said. "There's no question this cop knew that Demond was unarmed, and he was moving away from the police officer when he was shot."

Another discrepancy with the video is what Edwards was wearing.

According to the FBI agent's affidavit in the criminal complaint, the man who pointed a gun at the undercover ATF agent wore all black, including a balaclava-style head covering. In the video, Edwards was wearing a blue shirt and had nothing covering his head.

On Thursday, prosecutors dropped the charges against Edwards, Amir Fagan, and Chashonn Toney saying this video is indeed inconsistent with facts in the indictment. In their motion to dismiss, prosecutors said they didn't become aware of the cell phone video until after charges had been filed.

In agreeing to drop charges, the federal judge in the case ordered the release of the cell phone video involved.

Prosecutors could seek to refile the charges later.

"Our decision to dismiss the complaint today should not be read at all as a retreat of this case or the events giving rise to charges," the U.S. Attorney's Office in Chicago said in a statement.

On Thursday, Foutris filed a lawsuit against the city, the officer who shot Edwards, and federal agents involved in the shooting, saying Edwards was shot, and potentially paralyzed, without justification.

Foutris described this as a "coverup" and wanted the agents involved investigated.

"The federal agent that filed a verifiably false affidavit is not being investigated. My question is why. Why do these law enforcement agents get a pass from this U.S. Attorney's Office?" Foutris said.

Legal analyst Irv Miller said the case deepens a crisis facing the U.S. attorney's office after last month's "Broadview Six" collapse.

"There's a credibility issue by the U.S. attorney's office, and potentially by law enforcement," he said.

He said the office must rebuild its reputation.

"I suspect it would take a resignation by the United States Attorney here in the Northern District of Illinois and somebody new put in," Miller said.

The judge in this case set a July 2 hearing to consider any potential sanctions against federal prosecutors for the way the case was handled.