Lawsuit alleges Chicago police officer shot, killed man in March instead of de-escalating

Attorneys announced a lawsuit Monday on behalf of a man who was shot and killed by police in Chicago's Humboldt Park neighborhood in March, alleging that an officer fired deadly shots just after arriving at a controlled scene instead of de-escalating.

Derek Jordan was shot and killed by Chicago police just after 5:30 p.m. Monday, March 9, in the 800 block of North Homan Avenue.

Chicago police said at the time that officers tried to pull over a vehicle that was wanted in connection with a shooting on the nearby Eisenhower Expressway earlier in the day. Police said the vehicle, a white Mercedes, fled, and officers began a pursuit. 

The Mercedes hit a woman in the street and continued to flee before it crashed into a Chicago Transit Authority bus in traffic, police said. The car continued going back and forth, ramming the bus and hitting an unmarked squad car.

Video from the scene showed CPD officers trying to get the Mercedes driver out of the car. One of the officers is seen trying to break the tinted windows as the driver tries getting around officers and the CTA bus. Then, shots were fired by one of the officers.

On Monday, attorneys from the firm Romanucci & Blandin announced a lawsuit on behalf of Jordan against the City of Chicago and Officer Max Walzer, who is identified in the suit as the officer who shot Jordan.

Attorneys alleged that Walzer was "enraged and almost immediately told Derek he was going to kill him," while other officers were trying to de-escalate the situation.

"Walzer arrived at the scene with his gun drawn and immediately shouted multiple verbal threats to kill Derek, ignoring any opportunity to calm the scene," attorneys wrote. "Less than 20 seconds later, Derek was dead; Walzer carried through on his promise to kill Derek."

The lawsuit also challenges the chain of events that led to the shooting. Attorneys wrote that when police tried to conduct an investigatory traffic stop, they were in plainclothes and attempted to "ambush" Jordan, prompting him to reverse and drive away in response to the sudden presence of armed people in street clothes.

Attorneys wrote that the unmarked squad car then approached and pinned Jordan's car between the squad car and the bus. The alleged connection to the shooting on the Eisenhower Expressway was not mentioned.

Officer Walzer arrived on the scene at 5:41 p.m., after Jordan's car was already pinned, attorneys wrote.

"When Walzer exited his vehicle, Derek's inability to travel anywhere was clear, and the circumstance required de-escalation," attorneys wrote. "However, Walzer quickly approached Derek's vehicle on foot with his gun drawn. It was also visible that the sunroof of Derek's car was open and tilted up, so he could hear what was being said outside the car."

The Civilian Office of Police Accountability released bodycam video from the incident in May. In the video, officers can be heard yelling, "Get out of the car or we'll shoot," and the driver then starts ramming the bus and unmarked police squad car back and forth. 

Video then shows the officers firing at least five shots at the passenger side window of the car.

In the bodycam video, an officer can be heard saying, "I see he's hit," as he approaches Jordan's car. Bystanders are heard pleading with the police to "not shoot." Police are heard responding that the suspect is wanted for murder.

Police said officers immediately rendered aid to Jordan after the shooting, and a gun was recovered from the car. They did not say at the time if Jordan fired the gun or pointed it at officers.

Jordan was taken to Mount Sinai Hospital with multiple gunshots to the upper body and was pronounced dead.

Attorneys said the lawsuit was filed on Thursday, Aug. 6. A response from the city was not immediately available, but the Chicago Department of Law typically does not comment on pending litigation.