CPD officer who shot, killed 13-year-old Adam Toledo to face hearing before full Police Board
CHICAGO (CBS) -- The Chicago Police officer who shot and killed 13-year-old Adam Toledo in Little Village last year will face a hearing before the full Police Board.
The decision for Officer Eric Stillman to face such a hearing came down in an opinion by Police Board President Ghian Foreman on Thursday night.
Stillman shot and killed Adam after a foot chase in an alley near 24th Street and Sawyer Avenue in Little Village on March 29, 2021, less than a second — to be precise, 838 milliseconds — after Adam dropped a gun he had been carrying.
Video footage released weeks after the shooting shows Toledo and 21-year-old Ruben Roman standing on a street corner when several shots were fired early on the morning of March 29. Both then ran past a church and into a nearby alley. Body camera footage shows an officer chasing Toledo down the alley, telling the boy to show the officer his hands.
"Stop! Stop right f***ing now! Hands! Show me your f***ing hands!" the officer is heard saying.
Adam can then be seen stopping near a gap in the fence in the alley, with both hands at his side, his left shoulder facing the officer. When the video is slowed down, a frame of the footage does appear to show a gun in Adam's hand just before he raises his arms and the officer opens fire. Surveillance video of the same moment from a different angle appears to show Adam with his right arm behind the fence, possibly making a throwing motion, and then turning back toward the officer. However, at the moment when the officer opens fire, the body camera video shows Adam has his hands up, and they appear to be empty.
The Civilian Office of Police Accountability recommended in April of this year that Stillman be fired from the department. COPA said allegations should be sustained against Stillman that he fired his gun at Adam in violation of Chicago Police guidelines, acted inconsistently in a foot pursuit, and did not activate his body camera in a timely fashion.
Police Supt. David Brown did not agree with the ruling – and only agreed with the allegation that Stillman failed to activate his body camera, the opinion said. Brown recommended that Stillman should be suspended for no more than five days.
A request for review was sent to the Police Board on Sept. 29.
Foreman ruled that Stillman should stand for a full evidentiary hearing before the Police Board. He wrote that the board can hear from use-of-force experts at the hearing and will review video recordings and all other relevant evidence.
Stillman will also have an opportunity to testify before the board, Foreman noted.
Foreman wrote that his ruling should not be taken to mean that COPA was right and Brown was wrong in their assessment of Stillman's actions, and he was not recommending that Stillman be suspended while the case is pending.
Attorneys Adeena Weiss Ortiz of Weiss Ortiz and Joel Hirschhorn of GrayRobinson, who represent the Toledo family, issued the following statement Thursday night:
"We thank COPA for its diligent efforts in this investigation and uncovering the truth of what transpired that fateful evening. We are relieved COPA has come to the conclusion that the shooting was unjustified, which is consistent with our understanding of the facts. We are grateful that the Chicago Police Board's independent reviewer concluded that the Chicago Police Superintendent's objections were insufficient to overcome COPA's conclusion that the officer who shot and killed Adam be discharged from the Chicago Police Department. We will now be moving forward with the next step in this process for Adam Toledo and his family. We look forward to a satisfactory resolution of this matter, justice for the Toledo family, and a safer Chicago community."
In March of this year, Cook County State's Attorney Kim Foxx announced Officer Eric Stillman would not face any criminal charges. Foxx cited surveillance video footage when describing the decision not to charge Stillman with a crime.
"Officer Stillman believed that Adam had a gun. After running nearly a full block in the alley, Officer Stillman saw a handgun in Adam's right hand, and shouted for him to drop it. Before dropping the weapon, Adam began turning his body towards Officer Stillman, with his left hand raised up in front of his body, and his right hand lowered to his side, behind the wooden fencepost. Officer Stillman saw the weapon in Adam Toledo's right hand, as Adam was stopped near the wooden fence, and began turning towards Officer Stillman," Foxx said last month.
Foxx noted that less than one second passed from the time Toledo began turning towards the officer and raising his hand, and the moment Stillman shot him.
In Little Village, community activists were disappointed and furious about Foxx's decision.