Family of Reginald Clay Jr., shot and killed by Chicago police, files federal lawsuit
CHICAGO (CBS) -- The family of 24-year-old Reginald Clay Jr. has filed a federal lawsuit accusing Chicago police officers of using excessive force, and violating the department's foot chase policy, when they shot and killed him this weekend in the North Lawndale neighborhood.
The lawsuit claims Clay was leaning over a vehicle in the 3800 block of West Flournoy Street, talking to other people, when police approached and "attempted to seize him," even though there was no reason to believe he was committing a crime.
"To avoid being hassled, [Clay] backed way and took off," the lawsuit states.
Police began chasing him, and shot him several times, "without just cause of provocation," according to the lawsuit, calling the use of deadly force "unprovoked and unwarranted."
The lawsuit comes a day after discrepancies emerged between what police said occurred Saturday morning and the account provided by the Civilian Office of Police Accountability (COPA), which investigates police shootings in Chicago.
As CBS 2's Chris Tye reported, Clay's family wants Mayor-elect Brandon Johnson to get involved.
Several questions swirl around the matter. But the one coming into sharper focus is what police saw just before firing those fatal shots.
The shooting happened around 10 a.m. Saturday, in the 3800 block of West Flournoy Street in the North Lawndale neighborhood.
According to CPD, officers were in the area as a result of a gang killing about a week earlier. They were involved in a "de-escalation mission" when they saw several people near a vehicle, police said.
Clay was seen leaning into the vehicle, police said. As the officers got out of their squad car, Clay put his hand in his wristband and fled on foot through a gangway, police said.
It remains unclear why officers began pursuing Clay, but police say he turned toward an officer with a firearm — leading to a fatal shot by police.
But a Monday update from COPA — which has had access to body cam video — makes no mention of him turning toward the officer with a gun. Their version says Clay was in possession of a firearm which was recovered on the scene.
The Clay family's lawsuit makes no mention of him having a firearm.
"Traditionally, the Chicago Police Department - if there's a gun in someone's hand – will make a point of referencing that, and that's what initially Chicago Police Department said occurred," said Gregory Kulis, an attorney for the Clay family. "COPA, however, backs off on that statement quite quickly."
CBS 2 Legal Analyst Irv Miller agrees there is a key discrepancy between the accounts.
"The problem is, if there is no corroboration; if it's an open question mark, as to whether or not the gun was in his hand, was in his pocket, was on the ground - that makes it tough for a prosecutor to decide whether or not this was a justifiable shooting," Miller said.
Clay's father, Reginald Clay Sr., spoke with us while holding his granddaughter.
"I'm a little numb right now, man; a little upset right now, man," he said. "My son shouldn't be dead right now, man!"
Clay Sr.'s granddaughter lost her father this weekend.
Clay Sr. and his granddaughter was part of a peaceful protest Monday demanding at Chicago Public Safety Headquarters – demanding justice from the CPD, and calling on Mayor-elect Johnson to ensure transparency.
"Here's your test," said Rabbi Michael Ben Yosef of the Chicago Activists Coalition for Justice. "We supported you. We voted you in. Now the test is now at your door - to bring transparency to this father."
Another question here revolves around why officers chose to engage in foot pursuit at all. The new foot pursuit policy inside CPD requires police have a reasonable suspicion the person has committed, is committing, or is about to commit a felony,
We asked the CPD if this case met that standard. They did not answer that question.
