Prosecutor Put on Leave After He ‘Failed to Fully Present the Facts' in Adam Toledo Shooting, Office Says

[Rogue Valley]

Prosecutor Put on Leave After He ‘Failed to Fully Present the Facts' in Adam Toledo Shooting, Office Says

4/18/21
A Cook County prosecutor who appeared in court in a case last weekend related to the fatal police shooting of 13-year-old Adam Toledo has been placed on paid administrative leave after he "failed to fully present the facts," the Cook County State's Attorney's office said. "In court last week, an attorney in our office failed to fully present the facts surrounding the death of a 13 year old boy," a spokesperson for the office said in a statement. "We have put that individual on administrative leave and are conducting an internal investigation into the matter." Assistant State's Attorney James Murphy will be on paid administrative leave pending investigation, the office added. Earlier this week, the office said Murphy "failed to fully inform himself" before speaking on the case, the Cook County State's Attorney's office said. "An attorney who works in this office failed to fully inform himself before speaking in court," a spokesperson said in a statement in response to questions over whether or not the teen was in fact holding a gun at the time of the shooting. "Errors like that cannot happen and this has been addressed with the individual involved. The video speaks for itself."

The Civilian Office of Police Accountability – Chicago's police oversight agency investigating the shooting – released the videos on Thursday, two days after Toledo's family was shown the footage and 17 days after the shooting itself. Body-camera footage of the shooting was made public, along with multiple third-party surveillance videos and other materials related to the investigation, including ShotSpotter recordings, audio of 911 calls and incident reports. The footage shows an officer chasing Toledo in an alley while shouting at him to stop. Toledo appears to pause near a fence bordering a parking lot at the end of the alley and turn toward the officer with his hands up. The officer can be heard yelling, "Hey show me your f***ing hands, drop it, drop it," firing one shot as Toledo turns and puts his hands up. As Toledo turns and raises his hands, he's illuminated by a flashing light and the body camera footage appears to show that both of the boy's hands are empty. About two-and-a-half minutes after the shooting, the body camera footage shows another officer shine a flashlight on a gun on the ground behind the fence near where Toledo was shot. But it was not immediately clear, given the speed and nature of the videos, if Toledo was holding the weapon leading up to the shooting.

Toledo's hands are up and clearly empty when he is shot by police.

 

[Common Sense 1]

What you don't tell is less than a second earlier he had the gun and was turning towards the officer. Shot fired gun dropped.
That is what hapens when you illegally
possess a firearm in the middle of the night and are a threat to law enforcement.

 

[Mr Person]

What you don't tell is less than a second earlier he had the gun and was turning towards the officer. Shot fired gun dropped.

He did not have a gun when he turned around, which is what mattered.






This isn't about good shoot or bad shoot for the defenders anyway. How could it be when the child did exactly what the cop ordered? He stopped. If he had had a gun then, he dropped it before turning around. The cop killed him anyway.

​

The officer can be heard yelling, "Hey show me your f***ing hands, drop it, drop it," firing one shot as Toledo turns and puts his hands up. As Toledo turns and raises his hands, he's illuminated by a flashing light and the body camera footage appears to show that both of the boy's hands are empty.​

The defense about the way the dead child's last name is spelled.

 

[Mr Person]

Earlier this week, the office said Murphy "failed to fully inform himself" before speaking on the case, the Cook County State's Attorney's office said. "An attorney who works in this office failed to fully inform himself before speaking in court," a spokesperson said in a statement in response to questions over whether or not the teen was in fact holding a gun at the time of the shooting. "Errors like that cannot happen and this has been addressed with the individual involved. The video speaks for itself."​

Error? I have a hard time believing that a prosecutor on homicide cases accidentally failed to review a video of the actual homicide, especially in the age of bodycams. This isn't 1990 and late discovery that a shopkeeper just happened to have a well-hidden cam pointed right at the spot. A law student - no, a plumber - would think to review all video before speaking, unless his superiors order him to speak within thirty minutes of assigning the case, in which case they would stress at the outset that everything they say is a bare-bones initial impression and shouldn't be taken as assertion of established fact.

 

[trixare4kids]

What you don't tell is less than a second earlier he had the gun and was turning towards the officer. Shot fired gun dropped.
That is what hapens when you illegally
possess a firearm in the middle of the night and are a threat to law enforcement.

Actually the time frame was less than a second earlier. This was a justified shooting.

 

[iguanaman]

Actually the time frame was less than a second earlier. This was a justified shooting.

So when the boy obeyed the officers command and dropped the gun and turned around with his hands up that meant the shooting was justified? When is it not justified?

 

[trixare4kids]

So when the boy obeyed the officers command and dropped the gun and turned around with his hands up that meant the shooting was justified? When is it not justified?

https://www.tmz.com/2021/04/16/adam...u3Rlky_BMh_pMpTJvJNGK-vTgh8UmpHmctGMR1ZfbxbcE

Case in point that proves what I wrote above...
Take a look at the link above. The video shows an amazingly accurate picture. There was 838 milliseconds. between gun in hand and shot fired.

"The first body cam footage CPD released on Thursday did not clearly show the weapon in Adam's hand -- but police say the new video shows why the officer fired ... he saw the gun, and believed Adam was turning with it in his hand."

 

[lemmiwinx]

Poor little 13 yo Adam Toledo's gun was edited out by the media in news photos. Guess what - 13 yo gang bangers with guns can be hazardous to your health.

 

[iguanaman]

https://www.tmz.com/2021/04/16/adam...u3Rlky_BMh_pMpTJvJNGK-vTgh8UmpHmctGMR1ZfbxbcE

Case in point that proves what I wrote above...
Take a look at the link above. The video shows an amazingly accurate picture. There was 838 milliseconds. between gun in hand and shot fired.

"The first body cam footage CPD released on Thursday did not clearly show the weapon in Adam's hand -- but police say the new video shows why the officer fired ... he saw the gun, and believed Adam was turning with it in his hand."

It proves my point you mean. The officer FALSELY believed he had a gun. It was a kid too. Since when is what a officer believed justification for murder?

 

[Grizzly Adams]

So when the boy obeyed the officers command and dropped the gun and turned around with his hands up that meant the shooting was justified? When is it not justified?

When it's not reasonable. It isn't unreasonable to think that someone who had refused to comply with all of your orders (including the order to drop the gun) for the duration of a block-long foot pursuit might not be complying with all your orders when they turn around to face you when, less than one second prior, a gun is visible in their hand, and you couldn't see that he had dropped it.

 

[Grizzly Adams]

It proves my point you mean. The officer FALSELY believed he had a gun. It was a kid too. Since when is what a officer believed justification for murder?

It's never a justification for murder, but what an officer reasonably believes forms part of the totality of circumstances that determines what actions on the part of the officer are reasonable.

 

[Tettsuo]

When it's not reasonable. It isn't unreasonable to think that someone who had refused to comply with all of your orders (including the order to drop the gun) for the duration of a block-long foot pursuit might not be complying with all your orders when they turn around to face you when, less than one second prior, a gun is visible in their hand, and you couldn't see that he had dropped it.

So in what circumstance could Adam have surrendered in that moment?

He complied with the officers orders, dropping the gun and raising his hands, yet he still got shot. Did the officer give the incorrect command? If so, the officer is still guilty of killing this kid and should be appropriately punished. If he gave the correct command and still shot, the officer is still guilty of killing this kid and should be appropriately punished.

 

[AGENT J]

Prosecutor Put on Leave After He ‘Failed to Fully Present the Facts' in Adam Toledo Shooting, Office Says

Toledo's hands are up and clearly empty when he is shot by police.

UUUGH

wonder whats that about . . .

Ill post here what ive been saying

POST 1
----------------------------------------
I've seen lots of videos and angles with and without sound for whatever reason
the shoot seems bad, like I said if the cop actually saw a gun (freeze frames dont prove that lol) then his commands should have been dont move, drop the weapon etc . . something of that nature
not show me your ****ing hand then when the person complies shoot them . .that part is bad
but I dont think there was malice involved in this shooting based on the info we have and the actions after the shoot, just a cop making poor mistakes unfortunately
---------------------------------------
POST 2

I was waiting to hear from my LEO friends. They already knew about this and i sent them everything I had. So far with no new information, the multiple videos, the still frames they mostly agree with me and agree the biggest issue they have are the commands given. They feel thats where the mistake is, like I do. They both said they would never tell a suspect that they thought had a gun to "show me your hands"

something else the trooper really focused on is that he would never let the suspect turn around either if he thought a gun was in play and thats basic training.

they both have the opinion its a bad shoot but not evil , not criminal and due to age and high profile the guy will probably lose his job but not be charged,

I basically agree, like i have said multiple times I see no malice here, and IMO its just a poor shoot not a criminal one.

the commands should have been something like freeze, dont move, keep facing forward, drop the gun, on your knees, lock your hands behind your head

all things we have heard said to a suspect countless times but not show me your hands then when he complies BLAMO!

Guess we'll see what happens, terrible situation
----------------------------------------------

POST 3

so I went back and relistened now that I know how my friends who are leos felt and they are right . . . the commands are not good if he thought there was a gun in play

the commands were:
stop
stop right ****ing now
hands
show me your ****ing hands
drop it
< hands are raised at shoulder level open palms>
drop it
BLAMO
----------------------------------------------------

SO I still feel the same
Bad shoot, no malice
Cop fired

 

[Grizzly Adams]

So in what circumstance could Adam have surrendered in that moment?

-Drop the gun in view of the officer instead of ditching it in a manner that conceals that fact from him.
-Put his hands up then turn.

There's two, right off the top of my head.

He complied with the officers orders, dropping the gun and raising his hands, yet he still got shot. Did the officer give the incorrect command? If so, the officer is still guilty of killing this kid and should be appropriately punished. If he gave the correct command and still shot, the officer is still guilty of killing this kid and should be appropriately punished.

The officer should be punished if his actions were unreasonable. For the reasons I've given in more than one post on this topic (though not necessarily this thread), his actions were not unreasonable, given the totality of circumstances.

 

[Tettsuo]

-Drop the gun in view of the officer instead of ditching it in a manner that conceals that fact from him.
-Put his hands up then turn.

There's two, right off the top of my head.


The officer should be punished if his actions were unreasonable. For the reasons I've given in more than one post on this topic (though not necessarily this thread), his actions were not unreasonable, given the totality of circumstances.

Then the adult, who is a professional, should have given the 13-year-old those instructions. But, he didn't. The instructions he gave, the boy followed and was still shot in a split second after following those direction. Why not wait a beat to see if the kid:

1 - Still had a gun
2 - Was actually threatening the officer with the weapon he was told to drop
3 - The child had indeed followed the instructions given

No. None of those things were taken into account. Instead of seeking to take the person into custody, the officer fired his weapon with the intent to kill, first.

 

[Grizzly Adams]

Then the adult, who is a professional, should have given the 13-year-old those instructions. But, he didn't. The instructions he gave, the boy followed and was still shot in a split second after following those direction. Why not wait a beat to see if the kid:

1 - Still had a gun
2 - Was actually threatening the officer with the weapon he was told to drop
3 - The child had indeed followed the instructions given

No. None of those things were taken into account. Instead of seeking to take the person into custody, the officer fired his weapon with the intent to kill, first.

And doing so was reasonable. Except he didn't shoot to kill, he shot to stop the threat, like police are trained to do.