A Kane County State’s Attorney’s Office review of an Oct. 22 officer-involved shooting in Aurora has concluded that a police officer was justified in the use of force when he responded to an incident police described as “a drug deal gone bad.”
According to a State’s Attorney’s Office news release, the SAO reviewed the incident and subsequent internal investigation related to the wounding of Giovanni A. Padilla, 26, of Aurora, and State’s Attorney Joe McMahon determined that the use of deadly force was legally justified.
The news release said the use of force was needed “to prevent death or great bodily harm to the officer,” whose name was not revealed in the release.
Padilla has been charged with multiple violations resulting from his confrontation with the officer, including felony armed violence, armed robbery and unlawful possession of a weapon. A full list of charges is below.
The officer-involved shooting took place just before 6 p.m. Oct. 22, near East Indian Trail and North Farnsworth Avenue in Aurora.
The incident began when a citizen called 9-1-1 to report that a man was yelling that he had just been robbed at gunpoint. Aurora police officers were dispatched to the scene, which is an apartment complex just east of the Aurora police station.
One of the officers was in the police station parking lot when he heard the call. He was dressed in full uniform and responded in a marked police vehicle.
When he arrived at the 1900 block of East Indian Trail, the officer saw a male who matched the description of one of the reported offenders, noticed that the subject seemed to be out of breath, and confronted him. The officer pulled his vehicle into the parking lot and exited the vehicle.
The individual, whom the officer later identified as Padilla, immediately ran away through the parking lot.
As Padilla was fleeing, the officer heard something drop at Padilla’s feet and saw Padilla kick it under the car, the news release said. The officer believed the object was a gun.
After the officer requested assistance via his radio, he saw Padilla go to the front of the vehicle and pick up the object. Padilla stood again, and the officer could see that Padilla had a gun in his hand.
Padilla again began to run, the news release said. The officer then saw Padilla raise the gun, get into a shooting stance and point the gun at him. The officer, believing his life was in danger, drew his gun and fired four times.
The officer then approached Padilla, who was lying on the ground face-down. The officer saw the gun near Padilla and kicked it away, radioed that shots had been fired and requested medical assistance for Padilla, who had been shot once in the arm.
Additional officers arrived and assisted in securing and detaining Padilla, and administering first aid to him. Officers searched Padilla and found in his pocket a clear plastic bag containing pills. Medical personnel took Padilla to the hospital.
The handgun found near Padilla was a .380-caliber semiautomatic Jennings with five bullets in the magazine and one in the chamber.
Two other individuals were arrested near the apartment complex where the initial alleged armed robbery took place, and police recovered an additional handgun.
As a result of the investigation following the initial 911 call from the uninvolved citizen and the confrontation with the officer, Padilla is charged with the offenses of:
- Armed violence, Class X felony.
- Armed robbery with a firearm, Class X felony.
- Aggravated unlawful use of a weapon, Class 2 felony.
- Unlawful use of a weapon, Class 2 felony.
- Possession of a firearm without a FOID card, Class 3 felony.
- Unlawful possession of a weapon by a felon, Class 3 felony.
- Aggravated unlawful use of a weapon without a FOID card, Class 3 felony.
- Aggravated unlawful use of a loaded weapon on his person without a ConcealedCarry permit, Class 4 felony.
- Unlawful possession of cannabis, Class 4 felony
His next court appearance is set for 9 a.m. Jan. 16, 2019, in Courtroom 313 at the Kane County Judicial Center.
The charges against Padilla are not proof of guilt. Padilla is presumed innocent and is entitled to a fair trial in which it is the state’s burden to prove guilt beyond a reasonable doubt.
SOURCE: Kane County State’s Attorney’s Office news release