Chicago taxpayers will spend $1 million to compensate the family of an armed, 26-year-old man who was shot and killed by police in 2019 even though the Civilian Office of Police Accountability did not sustain the family’s allegation that the shooting was “excessive and inappropriate deadly force.”
The proposal to settle the wrongful death lawsuit filed by the mother of Sharell Brown infuriated alderpersons who were briefed Friday and will be asked to approve the settlement at the City Council meeting next week.
Ald. Ray Lopez (15th) noted the Civilian Office of Police Accountability did not sustain the family’s allegations about the shooting after concluding Brown was armed and posed a threat to Chicago Police Officers Robert Rhodes and Joseph Lisciandrello, who stopped him the afternoon of May 11, 2019 because Brown “matched the description of an armed robber.”
In a 2021 summary report on the incident, COPA recommended a 180-day suspension for Lisciandrello, who fired the shots that killed Brown, only because of the shooting officer’s “failure to completely record the incident” on his body-worn camera. The officer ended up with a five-day suspension.
“COPA cannot determine whether [Brown] reasonably appeared to present an imminent risk of great bodily harm to Officer Lisciandrello and whether deadly force was reasonably necessary to eliminate the threat. Therefore, there is insufficient evidence to prove, by a preponderance of the evidence, that Officer Lisciandrello violated department policy,” the report states.
At Friday’s briefing, city attorneys justified the $1 million settlement, calling it “fiscally prudent” to avoid a trial that would have required the city to “bring in 15 or 20 people for depositions.”
A disgusted Lopez didn’t buy that argument.
“We have a recovered weapon. COPA said … Sharell Brown was shot, more than likely, while turning and raising his arm in the direction of the officers, which would support the idea that he was, possibly, turning to fire a recovered weapon at them. Yet, here we are quick to pay out $1 million without even putting up the slightest of fights,” Lopez said.
“I’m ... tired of this. We have to take a stand. ... Somebody matching the description of an armed robbery [suspect] was pursued by officers, possibly attempted to fire upon officers and was shot by those same police protecting their own lives. It’s clear-cut. Our officers were in the right.”
With demoralized Chicago police officers retiring faster than the city can hire replacements, Lopez is concerned a “horrible message” is being sent to the rank and file.
“Why would any police officer think about trying to apprehend any criminal when they know that the city’s Law Department and this administration will gladly throw you under the bus — even when you’re innocent — so they can pay people off to be quiet?” he said.
“Facts and science be damned just so that people can get their checks.”
Ald. Nick Sposato (38th) predicted the City Council would reject the $1 million payout. The family’s original demand was for $4.5 million.
“This delivers a bad message that we don’t have officers’ backs. … It’s totally ridiculous,” Sposato said.
“He had a gun. They saw a gun. He pulled a gun. And the one officer shot him. The crime here is he didn’t have his body camera on [the whole time]. He had it on, then he turned it off. Thought the scene was secure. I guess you’re not supposed to do that until you get the OK from a supervisor to turn your body camera off.”
Ald. Brian Hopkins (2nd) called the shooting “completely defensible.”
“This five-time convicted felon was armed with a handgun. There’s no way you can argue that it was excessive force. ... We know, at one point, he dropped the magazine from the gun while he was running, which means the gun was not in his pocket. This case needs to go to trial. The facts need to come out. If a jury hears the facts, they will conclude these officers had no choice but to fire at this armed felon,” Hopkins said.
“This individual’s family — while I’m sure they are mourning the loss of their loved one — he, alone is responsible for this tragic incident.”
The City Council will also be asked to approve an $800,000 settlement to the family of a man who was struck and killed by a city employee at O’Hare Airport while standing in a median on his way into a terminal.
The family’s lawsuit accuses the city of failing to repair the tow truck’s defective braking system and both the city and the driver of allowing the defective truck to be driven.
