David Lombardo, Firearm and Gun Safety Expert

Case Summary: Two perpetrators robbed a bank in Chicago and fled in a stolen vehicle, leading police on an eleven-mile chase into the suburbs. Once the vehicle came to a stop, the driver was promptly arrested. His armed partner, however, exited the vehicle and ran from the area. As local police chased the suspect on foot, he ran into a music store with an officer following closely behind. The suspect then displayed a pistol and the officer engaged the suspect, shooting him over 10 times with his patrol carbine, which resulted in the suspect’s death. Plaintiff, a student who worked part time in the store, was accidentally shot as he tried to get out of the immediate area.

The officer’s department maintained the fatal shot was fired by the decedent. When the bullet fragment was removed from Plaintiff, the results with respect to the caliber were inconclusive. The bullet could have been fired from the deceased suspect’s pistol or the officer’s patrol carbine.

Expert Analysis: Plaintiff’s attorney retained a firearm expert to assist in evaluating what happened. Upon careful study of the surveillance video, evidence, and reports, resulting analysis presented the following conclusions:

The officer used excessive force, per the significant number of rounds fired at relatively close quarters and the wide area the rounds hit on the decedent’s body. The entry wounds, ranging from his foot to his upper torso, indicated stress-induced decreased accuracy, which could explain how Plaintiff was shot accidentally.

Meticulous observation and analysis of the surveillance recording appeared to substantiate that Plaintiff was accidentally shot by the officer as Plaintiff ran through the line of fire in an effort to escape the area.

Result: Upon use of the expert’s analysis in combination with relevant factual information about the case, the police department’s insurer offered Plaintiff a favorable settlement.

David Lombardo, Firearm and Gun Safety Expert with DJS Associates, Inc., can be reached via email at experts@forensicDJS.com or via phone at 215-659-2010.

Categories: David Lombardo | Safety and Security

Tags: Accidental Shooting | Excessive Force | Firearms | Law Enforcement | Police | Robbery