Chicago on edge over fatal shooting of 13-year-old Adam Toledo
Body camera footage released Thursday; FOX News' Jeff Paul reports on 'Fox News @ Night'
Charges not be filed against two Chicago police officers involved in the shooting deaths of Adam Toledo, 13, and Anthony Alvarez, 22, last year, a prosecutor said Tuesday.
Cook County State's Attorney Kim Foxx said there was insufficient evidence to charge the officers who fatally shot Toledo and Alvarez in separate incidents in March, following an investigation and additional review by an outside agency.
"This is a somber announcement. There are no winners in this situation," Foxx said.
CHICAGO POLICE RELEASE BODY CAM VIDEO OF ADAM TOLEDO SHOOTING
Cook County State's Attorney Kim Foxx ((AP Photo/Kiichiro Sato, File))
Both deaths, which were captured on body camera and surveillance footage, prompted protests in the U.S., as well as calls from Latino leaders for a moratorium on police foot pursuits.
Hundreds of protesters take streets for 13 years old Adam Toledo who was shot and killed by police in Chicago, United States on April 16, 2021. ((Photo by Jacek Boczarski/Anadolu Agency via Getty Images))
Hundreds of BLM protesters are gathered at the Barclays Center and take streets for 13 years old Adam Toledo who was shot and killed by Chicago police in Brooklyn of New York City, United States on April 16, 2021. ((Photo by Tayfun Coskun/Anadolu Agency via Getty Images))
The footage showed that foot pursuits took place before both shootings and both suspects appeared to have handguns prior to the shootings.
Toledo was fatally shot by Officer Eric Stillman following a foot pursuit on March 29 in the city's Little Village neighborhood. Footage showed Stillman chased Toledo, and the officer was heard telling the boy to "stop" and "stop right f------ now."
Adam Toledo, Chicago Mayor Lori Lightfoot (GoFundMe/Reuters)
Toledo then stopped before turning toward the officer, at which point the cop told him to show his hands. Toledo appeared to have his hands up when he is shot at one time. Body camera footage appeared to show that Toledo dropped the gun he was holding before he was shot by the officer. After the shooting, the officer called over the radio for an ambulance and said, "Shots fired."
Foxx said Stillman reacted to a perceived threat presented by Toledo because the officer believed the suspect was turning toward him to shoot.
"After the single shot was fired, and Officer Stillman recognized Adam Toledo was no longer a threat, he immediately rendered aid and continued to do so until the assisting officers and the paramedics arrived," Foxx said. "Based on the facts, the evidence, and the law, we've concluded that there was no evidence to prove that Officer Stillman acted with criminal intent."
Charges will also not be filed in the March 31 shooting of Alvarez on the Northwest Side in the city, Foxx said. Officer Evan Solano shot Alvarez several times from behind during a foot pursuit.
Tactical officers from the Chicago Police Department tried "to stop and speak" with Alvarez in the early morning hours in Portage Park, Chicago’s Civilian Office of Police Accountability (COPA) said. Foxx said the officers had approached Alvarez at a gas station the day after the officers tried to arrest Alvarez for a traffic stop. The encounter escalated to a foot pursuit.
COPA released videos of the shooting, which showed the officer ordering Alvarez to "drop the gun" twice as he chased behind him before allegedly firing five rounds. A firearm was found just feet away from where Alvarez fell after being shot, police video showed.
"In this instance, we would have to prove beyond a reasonable doubt that Officer Solano's belief that either he or his partner were in danger of imminent death or great bodily harm was unreasonable at the time of the shooting," Foxx said.
While Foxx said the evidence was insufficient to support criminal charges, she noted the officers created the conditions in which "the use of deadly force became necessary." Foxx said the officer who shot Alvarez "may have committed several foot pursuit policy violations," Chicago's WMAQ-TV reported.
"First, it was unnecessary for the officers to stop and engage with Mr. Alvarez, who was walking through a gas station parking lot, holding food and drink," she said. "He was not committing any crimes that were readily apparent to the officers at the time."
Foxx met with the families of both Toledo and Alvarez before her announcement, saying they were "heartbroken."
"We are profoundly disappointed, as is the Toledo family, to learn that the Cook County State’s Attorney has declined to prosecute Officer Eric Stillman," the Toledo family attorney said in a statement, according to FOX 32 Chicago. "Despite that decision, we will continue fighting for Adam and have filed our civil complaint seeking monetary damages against Officer Stillman and the City of Chicago in our effort to get justice for Adam and the Toledo family."
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"We will be contacting the Department of Justice Civil Rights Division to address this horrific travesty," the statement continued. "Despite the painful loss of Adam, the Toledo family continues to call for peace on the streets of Chicago as they pursue justice through the court system."
Fox News' Stephanie Pagones and the Associated Press contributed to this report
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