Trial to begin for lawsuit filed by man shot by Chicago police in CTA subway station in 2020
A federal trial was set to begin Monday to decide if Chicago police officers violated a man's civil rights when they shot him at the Grand Avenue CTA Red Line station in 2020.
An officer shot Ariel Roman twice at the Chicago Transit Authority station on Feb. 28, 2020.
Officer Melvina Bogard was charged with aggravated battery and official misconduct in the incident. She was acquitted of all charges following a bench trial in November 2022.
Bogard and her partner were trying to arrest Roman for walking between train cars, when they said he started to resist.
Videos from several surveillance cameras on the train show Bogard and her partner, Officer Bernard Butler, talking to Roman on the train, before he walks away from them. Moments later, Bogard follows him and motions to him to get off the train. The surveillance videos do not have sound, so it's not clear exactly what they said to each other.
Another surveillance video from outside the train shows both officers talking to Roman before he tries to walk away, and one of the officers grabs his arm. A struggle ensues, and the officers tackle Roman to the ground, mostly out of sight of that camera.
A passenger's cell phone video of the struggle shows the officers struggling to hold down Roman and trying to handcuff him.
****WARNING: Video contains graphic content and explicit language****
In the video, an officer is heard yelling for Roman to "stop resisting" – something the officer screamed more than 10 times. The officers then both deploy their Tasers. But Roman breaks free, staggers to his feet and appears to wipe his face, apparently from pepper spray. Bogard then steps back and pulls her weapon and yells, "Sir, put your f***ing hands down!" as Butler yells, "Shoot him!"
Seconds later, Bogard draws her weapon and shoots Roman. After that first shot, Roman runs up the escalator, the officers give chase, and a second shot rings out off camera. Various surveillance cameras from the busy Grand station in River North show passengers fleeing after the shots ring out, and other police officers arriving on scene.
Roman was charged with resisting arrest after the incident, but the charges were later dropped.
In April 2021, then-Chicago Police Supt. David Brown moved to fire Bogard and her partner, Officer Bernard Butler, for violating multiple department policies, calling the shooting of Roman unnecessary.
However, Bogard's defense attorney, Tim Grace, said the officer was acting in self-defense after Roman had struggled with her and her partner for more than eight minutes after they confronted him.
Roman sued the city and the officers for excessive force. The lawsuit seeks unspecified financial damages. Roman's attorneys said the city also needs to make sure all officers are properly trained, noting Bogard opened fire in a busy mass transit station, where an innocent bystander could have been shot over an incident that didn't require deadly force to begin with.
The federal trial for the lawsuit is set to begin at 9 a.m. Monday.