Investigators recommend Officer Sammy Encarnacion be fired for shooting at fleeing suspect

CHICAGO (CBS) -- A Chicago police officer should be fired for shooting at a suspect who was running away after a car accident last summer.

That's the finding of the civilian police accountability board following their investigation into officer Sammy Encarnacion's use of deadly force on July 29, 2022 near 6400 West Higgins Avenue. On the same day the investigation concluded on April 26, Encarnacion resigned, according to a news release on Tuesday. 

It was the second time in a year that the Civilian Office of Police Accountability (COPA) recommended that Encarnacion be fired.  In May, 2022 COPA recommended that firing after an investigation into alleged domestic violence and drunkenness in 2016 and 2017. 

Encarnacion and his partner, officer Daniel Mersch, were on a break, eating at a Subway restaurant around 3 a.m. when a person driving a Dodge Charger was driving recklessly in a nearby parking lot.

The officers left and followed the Charger onto Nagle Avenue when the car crashed into a light pole. As the passenger ran down an alley, the light hit the street and Encarnacion thought the noise was gunfire.

Encarnacion then fired his gun as the driver, Xavier Baez, also exited and ran.  As Encarnacion chased the suspect, he then fired two more shots. None of the shots hit the suspect.

Other officers arrived, and Baez was arrested and later charged with leaving the scene of an accident and cocaine and marijuana possession.  The passenger was not charged.

During an interview, Encarnacion said Baez was holding a black handgun and believed Baez was going to shoot him.  However, Baez was not armed.

"Officer Encarnacion's use of deadly force was not objectively reasonable because the evidence shows that Baez was fleeing, unarmed and posed no imminent threat," according to the final investitive report, released on Tuesday.

'This misconduct was of the most egregious nature, that which jeopardized the safety of individuals and may have resulted in physical injury or loss of life. Furthermore, Officer Encarnacion did not engage in any meaningful accountability for his conduct. COPA's findings in this case are such that seriously undermine public trust in the Department and its credibility."   

The investigation also found that Encarnacion, a seven year CPD veteran, failed to activate is body camera in a timely manner.