o = 12 13 14 15 16 17 18 19 20 21 22 | ALDERMAN ALDERMAN ALDERMAN ALDERMAN ALDERMAN ALDERMAN ALDERMAN ALDERMAN UDERMAN ALDERMAN | ALDERMAN ALDERMAN ALDERMAN ALDERMAN ALDERMAN | ALDERMAN ALSO PRESENT; ALDERMAN www.veritext.com ORIGINAL TRAN GE: TRE CiTy councrh OF THE CITY OF cHIcaco COMMITTER ON. FINANCE EDWARD M. BURKE ~ CHATAMAN PAT DOWELL WILLIAM BURNS ANTHONY BEALE MARTY QUINN HOWARD BROOKINS, gR. RICARDO MUNOZ MICHAEL ZALEWSxT JASON ERVIN DEBORAH GRAHAM SCOTT WAGUESPACK CARRIE AUSTIN REY COLON MARGARET LAURINO BRENDAN REILLY THOMAS M. TuNNEY MATTHEW J. O'SHEA April 13, 2015 19:00 o'clock a.m. Council Chambers City Hall Chicago, Iilinois 312-346-091114 18 16 WwW 18 20 ai 22 23 24 | a 17-year old, who was fatally shot last October by | a Chicago police officer who was responding to a j; call of a man with a knife. This shooting is the subject of a pending and active investigation by federal and state law enforcement authorities, and the Independent Police Review Authority is also investigating this matter in cooperation with the federal and state authorities. The Law Department recommends that this claim be settled for $5 million, inclusive of attorney's fees and costs. 21) explain why we think that is a settlement that makes sense for the City and taxpayers. First, little bit about the background facts. This incident began -- occurred on October 20th of last year. It began with a 911 call from a citizen who reported that a person, now known as LaQuan McDonald, was trying to break into vehicles in a trucking yard at 41st and Kildare. The citizen told the dispatcher that McDonald had a knife and had threatened him with it. Two police officers responded to the » », and they found McDonald about a block away MeGuire's Reporting Service — A Veritext Company www veritexticom 312-346-0911Page 4 from the trucking yard, and when they asked him to show his hands, McDonald -- it was apparent that McDonald was, in fact, holding a knife in his right hand. One of the officers ordered McDonald drop the knife, but McDonald ignored the request and instead walked along 40th Street toward Pulaski and away from the officers. One of the officers followed on foot and kind of walked beside him as | he walked over toward Pulaski, The other officer was in a marked | police venicle and followed behind them, ‘The officer who was in the police vehicle called the dispatcher again and said -- reported hey, we have j a guy with a knife here, send us a Taser, send us a unit that has a Taser because they didn't have one So those tuo officers followed McDonald for some period of minutes, and as McDonald got closer to Pulaski, the officer in the vehicle pulled in front of him to prevent him from going onto Pulaski where he might en ul ry, you know, civilians or others who might be put at risk McDonald at that point used the knife to puncture one of the front tires in the MeGinire's Reporting Service — A Veritext Company www.veritext.com 312-346-091110 ai 12 13 14 18 16 17 18 19 20 2n 22 23 24 Page 5 police vehicle and then struck the windshield with the knife but then walked around the police car and continued walking away from the officers but still holding the knife. He continued to walk or jog away from the officers through a Burger King parking lot and onto Pulaski Road. At that point two additional squad cars reported to the scene. One of these vehicles was equipped with a dash cam video at recorded the subsequent shooting One of those squad cars, the one with the video cam, followed behind McDonald on Pulaeki ox was positioned behind him. The other squad car, which contained the shooter, pulled up beside him and then pulled again in front of him as he walked southbound on Pulaski. The officers jumped out of the car with their guns drawn. One of the officers, the shooting officer, who's -- I'm going to call him Officer A because his identity has not yet been disclosed, and under ous Collective Bargaining Agreement with the Fraternal Order of Police in circumstances like that we're contractually obligated not to disclose the officer's identity aww. veritextcom, 312-346-091116 at 13 i Page 6 until they are identified as part of criminal or other proceedings. In any event, the shooting officer exited the vehicle gun drawn and then shot Mr. McDonald 16 times, all of it captured on videotape. What preceded the shooting is disputed between the plaintiffs in this case and the shooting officer. The shooting officer contends, as IT understand it, that Mr. McDonald was moving toward him. He was in fear of his life. mr. Donald was only one car width, you know, away, one lane away on Pulaski, 10, 15 feet. the p aintiffs contend very vehemently that Mr. McDonald had been walking away feom the police and was continuing to walk away from the police, and they contend that the videotape supports their version of the events. There are a number of reasons why we have concluded and recommend to you that this case | be settled and believe that the proposed -- and explain why we think the proposed settlement is in the best interests of he City and our taxpayers. First, the attorneys for the estate MeGuire's Reporting Service — A Veritext Company www veritext.com 312-346-091116 al 12 13 14 15 16 a? 28 19 20 ar 22 23 2a Page 7 will argue that Mr. McDonald id not pose any immediate threat of death or great bodily harm to Officer A and that instead McDonald, as I mentioned before, was walking away from the police when he was shot, and they will argue that the videotape supports their version of events. The estate ox plaintiffs will aloo argue that their position that deadly force was not justified is demonstrated by the conduct of the other officers at the scene, aone of whom fired their weapons at McDonald. This is kind of a unique case where we had the original two officers who arrived at the scene, followed Mr. McDonald for some number of blocks and matter of minutes and never saw fit to discharge theirs weapons. It also applies to Officer A's partner who is right beside him when they exited the police vehicle also got out of the police car with gun drawn but did not shoot So the plaintiffs will contend, if this matter were not resolved, that the unreasonableness of Officer A's conduct is shown by the restraint that was demonstrated by the other McGuire's Reporting Service - A Veritext Company www.veritext.com 312-346-091510 qd 12 13 a4 15 16 17 18 19 Page 8 five officers, none of whom discharged their weapons. Finally, the plaintiffs will point to the fact that there were no pedestrians, automobiles, other folks who were near McDonald at the time he was shot and as to which he might have posed an imminent danger. Go that's why we think the settlement makes sense on the issue of liability. As to damages, although McDonald had an extensive juvenile record, he had recently obtained summer employment through a church social agency; and, further, in September of 2014, just a month before he was before he passed, he had enrolled in the Sullivan Alternative School, which is a school for troubled youth, and his mentor there will testify or would testify that MeDonald had good grades at the time of his death and was making progress in turning his life around. McDonald is survived by his mother and a 15-year old sister. At the time of his death, he was a ward of the state and in the temporary custody of an uncle; however, LaQuan's mother had initiated a petition to regain custody www-veritext.com 312-346-091110 aL 12 13 14 is 16 aq 18 19 20 at 22 23 24 of LaQuan, and in May of 2014 the Juvenile Court had ordered supervised visits in anticipation of granting her petition. The proposed settlement was initiated by counsel for the estate who expressed an interest in trying to resolve the case without filing a lawsuit as part of our ongoing initiative which you've heard me talk about before, of assessing cases early because if it's a case that should be settled, 1 am convinced, and I think our record shows it, saves the City and taxpayers money to resolve cases before they generate a lot of fees and other costs. We engaged in a series of back and forth negotiations, disclosure of information. The estate initially dewanded $16 million, and over the course of several rounds of negotiations, we agroed to a $$ million dollar settlement which is inclusive of all the claims ~- of all claims, fees and costs. And we respectfully submit that this represents a significant reduction, not only from the initial demand which is far less or less than a third of the initial demand put avoids long and 312-346-0911Page 10 costly litigation, including subs ntial attorney's fees and other litigation costs, and we respectfully request that this Body approve that settlement. CHAIRMAN BURKE: Questions? Alderman Ervin, ALDERMAN ERVIN: Thank you, Mz. Chairman. | I do understand that the demand may have, you know, been, you know, 16 million or so. How did we settle o: 5 and not necessarily - there a significant loss of income? What are the factors that get you legitimately to 5? CORPORATION COUNSEL PATTON: The 5 was a negotiated number, Alderman, but it! within the range of amounts that have been paid either by way of judgment or settlement in prior cases involving police shootings, and it was a combination of our assessment of the risk of liability if the case were tried and what kinds of damages have been awarded in the past by juries in cases like this ALDERMAN ERVIN: Has there been any discipline meted on the officer or officers involved in this par cular incident? CORPORATION COUNSEL PATTON: t's one McGuire's Reporting Service ~ A Veritext Company www. veritext.com 312-346-09117 10 Ww 12 13 19 20 an 22 23 24 Page 11 officer, and the Independent Police Review Authority is investigating it, but this is a matte that's under active current criminal investigation by both federal and state law enforcement authorities. ALDERMAN ERVIN: Well, with that in mind does that get us to that point of being willful and wanton which would somewhat absolve us of liability and place sole liability on the individual's action? CORPORATION COUNSEL PATTON: No, because we still would be responsible for his, this officer's -- if the officer were found to have not had justifiable belief that he was in imminent threat of harm, we would have been -~ the City would have been responsible for any judgment, just as we have beon in other police shooting cases where the jury believes that the shooting was not justified. ALDERMAN ERVIN; So in your opinion, this officer did not act outside of the scope of employment based on your professional opinion? CORPORATION COUNSEL PATTON: That's right. The scope of ~~ It's two very different McGuire's Reporting Service — A Vetitext Company www.veritext.com 312-346-091110 a 12 13 14 18 a7 18 1g 20 21 22 22 24 issues. Scope of employment, very broadly interpreted by the courts and particularly the 7th Circuit. We have had that come up before Matters that are plainly ones that the City does not condone, in the case of some infamous cases that are absolutely reprehensible because the policeman involved was still acting with force of law and as a policeman is within scope of authority. It's a different issue about whether misconduct was involved, whether use of force was justified. ALDERMAN ERVIN: Thank you, Mr. Chairman. CHAIRMAN BURKE: Alderman Laurino. ALDERMAN LAURINO: Thank you Mr. Chairman. Could I ask you just to comment on a couple of issues? First of all, what's our Taser policy? Does everybody have a Tasor? CORPORATION COUNSEL PATTON: I'm sorry? ALDERMAN LAURINO: A Taser, do the police officers all carry Tasers? CORPORATION COUNSEL PATTON: Apparently not. T know a number of them do. These two MeGuire's Reporting Service — A Veritext Company www.veritext.com 312-346-09110 12 13 14 16 17 18 19 20 2 22 23 24 Page 13 officers, the two officers that originally arrived at the scene, did not have a Taser. ALDERMAN LAURINO: Is it a policy or I'm just curious as to if we could find out what our policy is on officers that carry Tasers, and if you could share that with us at a later date through the Chairman, Could you do that for me? CORPORATION COUNSEL PATTON: 1 would be happy to do that. CHAIRMAN BURKE: JT believe at one time they were sergeants only that had the Tasers, but in the ensuing years now, I believe it's a waapon that's optional for the officer to carry. It would appear had the Taser been available in this case maybe the taxpayers wouldn't be shelling out $5 million. ALDERMAN LAURINO: Exactiy. ‘That's what i was thinking. So once again I just think we need to explore the policy on that. Then, secondly, the videotape, that was a videotape from one of the officers; is that correct? CORPORATION COUNSEL PATTON: Yea, it was a dash camera video. ~~ Metiuire's Reporting Service ~ A Veritext Company wow. veritext.com 312.346.091110 i 22 13 14 18 16 17 18 19 Page 14 ALDERMAN LADRINO: And how many of our officers are equipped with videotape? CORPORATION COUNSEL PATTON; Once again I have to get back to the Chair on how many of our squad cars or patrols have dashboard video cameras ALDERMAN LAURINO: I suspect that is going to change the outcome of a number of cases for us because we are videotaping, correct? CORPORATION COUNSEL PATTON: You know, 1 don't think that this is a case that -- each one of these, Alderman Laurino, we have to look at on their own. ALDERMAN LAURINO: Certainly. CORPORATION COUNSEL PATTON: Sometimes there's videotape evidence. Sometimes there's not There's a lot of different types of evidence above and beyond videotape evidence, and that's true in this case. ALDERMAN LAURINO: But his was one piece of the puzzle that brought us to this conclusion, correct? CORPORATION COUNSEL PATTON: it is. it was an important piece of the evidence here, not the only evidence that we considered, and I'm sure McGuire's Reporting Service ~ A Veritext Company seww.veritent.com 312-346-001110 i 12 3 14 18 16 uy 18 1g 20 21 22 23 24a Page 15 the criminal, you know, investigating authorities are considering, but it's one piece. ALDERMAN LAURING: Okay. Fine. Thank you CORPORATION COUNSEL PATTON: Yes. CHAIRMAN BURKE: You might also in your getting us the information on the Tasers get us the information on how they instruct the police on shootings now. When T was a cop, they used to teach us to shoot three rounds and then -- of course, in those days we had wheel guns. We didn't have guns with 16 and i? rounds in them. CORPORATION COUNSEL PATTON: Yeah. CHAIRMAN BURKE: But this apparently is a situation where the cop shoots him 16 times. CORPORATION COUNSEL PATTON: Yes. CHALRMAN BURKE: I don't know if there's a general order or what the protocol is on both of these issues. CORPORATION COUNSEL PATTON: Will do. CHAIRMAN BURKE: Any other questions of the Corporation Counsel on this matter? (No response.) HN MeGuire's Reporting Service ~ A Veritext Company www.veritext.com (312-346-0911