Feds drop charges in alleged robbery during undercover ATF sting, citing new video evidence
Federal prosecutors have abruptly dropped charges against three men accused of trying to rob undercover ATF agents during a gun trafficking operation in Country Club Hills, citing newly discovered video evidence that "appear inconsistent" with agents' account of the incident.
The federal judge handling the case has scheduled a hearing for next month to determine whether federal prosecutors should face sanctions in the case.
In a complaint filed in federal court on June 11, Amir Fagan and Demond Edwards, who both were shot by law enforcement officers during the incident, had been charged with attempted robbery. A third man, Chashonn Toney, had been charged with forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with a federal officer.
On Wednesday, federal prosecutors filed a motion to dismiss all charges in the case, citing new video evidence.
Prosecutors said, on the day after the complaint against all three was filed, the ATF informed the U.S. Attorney's Office's Front Office of a video showing the shooting of Edwards, but did not immediately provide a copy of the video.
"The Front Office was not aware that the prosecuting team had not seen a copy of the video that was being discussed, and in fact, assumed that the video had been given to the prosecuting team," prosecutors wrote.
Four days later, the Front Office informed the prosecuting team about the video showing Edwards being shot, and the prosecuting team requested that video from the ATF, which sent over two videos.
"Aspects of the EDWARDS shooting, as depicted in Exhibit 2, appear inconsistent with the description of the shooting as set forth in the Complaint," prosecutors wrote.
According to the charges, the ATF was conducting a firearms trafficking task force operation on June 9 in Country Club Hills. Officers went to a home with an informant to make a firearms purchase. While they were waiting outside, prosecutors said Fagan, Edwards a third man got out of a car, pointed guns at the officers and informant, and tried to rob them.
Another team of ATF agents quickly arrived at the scene and fired shots at Fagan and Edwards, striking Fagan, prosecutors said. Prosecutors said Toney, the alleged getaway driver, rammed their car into an ATF vehicle while trying to flee the scene.
Prosecutors said Edwards tried to run away, but when officers found him there was a physical altercation and a Chicago police officer on the task force shot him.
In addition to the video evidence that is allegedly inconsistent with the agents' description of the shooting, prosecutors said an ATF agent also sent an email three days after the charges were filed, and offered a description of the incident that appears inconsistent with the charges' description of Toney's attempt to flee the scene.
At a hearing on Thursday, U.S. Magistrate Judge Keri Holleb Hotaling granted prosecutors' motion to dismiss all charges against Fagan, Edwards, and Toney without prejudice, meaning prosecutors may seek to refile the charges later.
However, Hotaling also scheduled another hearing for July 2 to determine whether to issue any sanctions against federal prosecutors, according to court records.
She also ordered Fagan and Toney to be immediately released from custody, and quashed an arrest warrant for Edwards, who was not in custody.
