This led to sharp criticism about the department’s handling of foot pursuits. A prosecutor announced Tuesday.
Kim Foxx, Cook County State’s Attorney, stated that there wasn’t enough evidence to indict the officers involved in the deaths. Video footage showed that both suspects had handguns before the shootings.
In April 2021, the public released the videos. This renewed calls for reform at the Chicago Police Department. For decades, the department has been known for its brutality, misconduct, and racism. It came as police departments across the country were under intense scrutiny after videos of police encounters led to the murder conviction of George Floyd in 2020.
Officers chased the suspects on foot in both Chicago shootings — an extremely unpredictable situation that has drawn criticisms from all sides, including the U.S. Department of Justice have stated that this is dangerous for both suspects as well as officers, and leads to unnecessary shootings.
Protests and calls for Chicago to adopt clear guidelines to officers on pursuits led to the deaths. However, a policy has yet to be finalized.
Alvarez’s family sued Chicago in February, claiming that Chicago is partially responsible for his death due to a lack of foot pursuit policies.
Foxx was also critical of Alvarez’s officers Tuesday, saying that they had created a dangerous situation. Alvarez was on his way to work when officers approached him.
Foxx stated that Alvarez fled, turned a corner, and fell. Alvarez was attempting to get up from the ground when Officer Eric Solano turned the corner. It appeared that Alvarez was going to shoot him, Foxx said.
Foxx stated that Alvarez began to use his hands to lift himself off the ground. Officer Solano arrived at the corner and saw Alvarez in a crouching posture with a gun in his right hand. Solano was led to believe Alvarez, Foxx said, “was waiting for him to ambush me.”
Tim Grace, an attorney representing Solano and Eric Stillman, stated that Foxx’s criticisms in Alvarez’s shooting were unfair.
He stated that police have the duty of enforcing the law. The idea that someone could break the law and drive without a licence and then run from the police is absurd. You can tell police officers if you don’t want them to enforce the law.
Police arrived on the scene of the Toledo shooting after eight shots were recorded by the city’s gunshot detection system. They arrived at the scene to find that only Toledo and Ruben Roman were present. Both of them, who were then 21 years old, immediately fled.
Stillman noticed that Toledo was holding his right hand near his waistband. Foxx stated that he believed that Toledo was carrying a gun. Foxx said that the teen raised one hand quickly enough that it was difficult to tell if he had dropped the gun.
Foxx stated that the time between the moment he started to turn with his right hand, which was holding the gun, and the time when the officer shot him because he wasn’t holding it anymore “was 838 milliseconds.”
According to the prosecutor, she had met with both Alvarez and Toledo families earlier Tuesday. Foxx stated that the Alvarez family had been “unmistakably heartbroken” during a meeting with her attorney and the prosecutor. She also asked “many, many” questions about the officers’ approach to him. This included why they didn’t visit their home if they knew they wanted him.
Foxx also called Toledo’s family “heartbroken.”
The family’s attorneys stated that they were “profoundly disappointed” to learn that Stillman would not be facing criminal charges. They also said that they will pursue a civil case against Stillman as well as the city.
Adeena Weiss Ortiz, Joel Hirschhorn and Joel Hirschhorn stated that Officer Stillman’s use deadly force was excessive. “We will contact the Department of Justice Civil Rights Division in order to rectify this terrible travesty.”
Foxx stated that both officers involved in the cases showed they were afraid for their lives when they fired them. Foxx said she was concerned about the Chicago Police Department’s foot pursuit policy in both of these cases. The city said that it was reviewing the policy.
Foxx stated, “I think in all the instances we’ve witnessed, especially with Mr. Alvarez. We have to ask ourselves, Was this worth the effort?”
Lori Lightfoot, Chicago’s Mayor, demanded that the police create a clear policy for foot pursuit. This has been a long-standing request but it has never been implemented. Chicago police say that they are now working on a policy but it is still not in place.
Officers in other cities are provided with clear instructions on when and under which conditions they can pursue foot criminals.
Foxx stated that she believes there is a “full awareness” among Lightfoot and police Superintendent David Brown, as well as the head of Civilian Office of Police Accountability, about the need for new guidance regarding foot pursuits.
She stated that she believed that the number of deaths and the danger to officers has shown that a foot pursuit policy is essential in order to keep everyone safe.
According to Tom Ahern, a spokesperson for the CPD, Stillman, who was the officer that fatally shot Toledo is currently on active duty. Solano has been relieved from his police powers while Solano awaits the results of an internal investigation by the department.