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VOL. 17 • NO. 11
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State’s Attorney Berlin finds officers justified in Addison officer-involved shooting “Every case involving the use of deadly force by a police officer must be carefully and thoroughly investigated. Such scrutiny is required to ensure the protection of the civil rights of those involved and to maintain the public’s confidence in law enforcement. Following an extensive and thorough investigation conducted by the DuPage County MERIT Public Integrity Team regarding the suicide and officer-involved shooting of thirty-two year-old John Kennedy by Addison police officers, it is my determination that the officers involved, Johnston, Bjes and Baquero, who discharged their weapons, striking Mr. Kennedy five times, were justified in their actions and that no criminal charges will be filed against any of the officers. In reaching this conclusion, my staff and I carefully reviewed the applicable law and thoroughly examined all the evidence, including but not limited to: Police reports 9-1-1- calls Statements from those involved Witness accounts Physical evidence Photographs Cellular phone correspondence On October 8, 2019, at approximately 12:23 a.m., Addison police were dispatched to 1433 West Fullerton Avenue for a well-being check of a suicidal subject. Officer Johnston and another officer of the Addison Police Department were the first to respond to the scene where they observed John Kennedy seated in his car texting while a gun was visible in the center console of his car. The officers were aware that the defendant was suicidal. Sergeant Bjes and Officer Baquero arrived at the scene and all of the officers attempted to
convince Kennedy to get out of the car. Despite multiple attempts by the officers to “let them help” and multiple orders to Kennedy not to touch the weapon, John Kennedy abruptly raised the weapon and shot himself in the right temple. Officers positioned around the vehicle feared for their own safety as well as that of their fellow officers and discharged their weapons, striking John Kennedy about the body three times as well as causing graze wounds to the hand, arm and abdomen. Sergeant Bjes fired his weapon five times, Officer Baquero fired his weapon one time and Officer Johnston fired one time. John Kennedy’s weapon was recovered from the floor of his vehicle immediately under his right hand, where he dropped the weapon after shooting himself. John Kennedy tested positive both for alcohol and THC. Prior to his death, John Kennedy sent numerous messages to people in his life indicating that he was going to commit suicide. The self-inflicted gunshot was the cause of John Kennedy’s death. The above facts have been evaluated in the context of Illinois law governing the justifiable use of deadly force. In accordance with Illinois law, my staff and I have reviewed the facts and circumstances of the case with special consideration given to the perspective of the officer on the scene. It is important to remember that police officers are often forced to make split-second decisions about the appropriate amount of force necessary to bring a tense, uncertain and rapidly evolving situation under control. The law of the State of Illinois as it applies to the use of force in this matter is set forth as follows: 720 ILCS 5/7-1 Use of force in de-
fense of person (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony. 720 ILCS 5/12-1 Assault A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery. 720 ILCS 5/12-2(b) (4.1) Aggravated Assault A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be a peace officer, fireman, emergency management worker, or emergency medical personnel: (i)performing his or her official duties; (ii)assaulted to prevent performance of his or her official duties; or (iii)assaulted in retaliation for performing his or her official duties. The “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. Graham v. Connor, 490 U.S. 389 at 396 (1989). “[H]owever, the ‘reasonableness’ inquiry in an excessive-force case is an objective one: the question is whether the officers’ actions are ‘objectively reasonable’
See SHOOTING, Page 4
THURSDAY, MARCH 5, 2020
SUBMITTED PHOTO Addison Independent
Addison Trail sisters qualify for State Math Contest
Pictured are sisters Lindsay and Emily Stevenson who have qualified for the Illinois Council of Teachers of Mathematics (ICTM) State Math Contest at the University of Illinois at Urbana-Champaign on May 2. As members of the Addison Trail Math Team, the sophomore and junior, respectively, qualified in the Oral Team competition after winning the regional event at Glenbard East on Feb. 22.
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