CPD Report Says Toledo Was Running With An Empty Gun – NBC Chicago
A Chicago police inventory of items recovered from the scene in which 13-year-old Adam Toledo was shot dead by police indicates that the gun Toledo was holding was empty.
The document was obtained from NBC5 Investigates at the request of the Freedom of Information Act.
The inventory lists two weapons that are being held by investigators from the scene. The first was a Smith & Wesson 9mm semi-automatic pistol, registered with officer Eric Stillman, who fired the single shot that struck Toledo in the chest.
The second weapon is a Ruger 9mm semi-automatic pistol that was reportedly “recovered from the lot”. The same report goes on to say that investigators recovered “(EMPTY) Ruger 9mm magazine, unknown capacity, black color, from the pistol listed above”.
Stillman’s discovery of the gun near Toledo’s body was documented in a video with a body camera released last week by the Civilian Office of Police Accountability.
A second person, 21-year-old Ruben Roman, was arrested near the spot where Toledo was fatally shot. During his April 10 court appearance, Cook County prosecutors said the gun Toledo was holding landed a few feet from his body and identified it as a 9mm Ruger.
Prosecutor James Murphy said the gun matched shell casings found in a location where Toledo was featured on a surveillance video with Roman when the 21-year-old was shot at least eight times less than 15 minutes before being confronted with police gave up unknown destination.
It was these shots that police brought into the neighborhood after a warning from ShotSpotter sensors in the area. Murphy noted that Toledo’s hand tested positive for gunshot residue, as did gloves Roman dropped near the scene.
It is unknown how or when the gun, which police said was fired by Roman, was transferred into Toledo’s hands.
A video from Stillman’s body camera documented his pursuit of youth in the alley. Less than a second before his shot, a gun can be seen in Toledo’s right hand. As he whirled towards the officer, he either dropped the gun or tossed it where it was found, but he was shot by Stillman when he started raising his hands.
The report only exacerbates the tragedy, adding that the gun, which Toledo apparently did not drop during the pursuit, had no bullets.
Officer Stillman has been placed on routine administrative leave. The Civilian Police Accountability Office (COPA) is investigating the shooting.