Cop in Ronald Johnson Police Shooting Will Not Be Charged: Alvarez

Video by Reuters

CHICAGO — Cook County State’s Attorney Anita Alvarez said that after reviewing finds by the Independent Police Review Authority, no criminal charges will be filed in the police shooting of 25-year-old Ronald Johnson in 2014.

Alvarez said her office conducted a professional standards review of evidence provided by IPRA in October 2014 to determine if Chicago police officer George Hernandez used excessive force when he shot Johnson, who she said was fleeing multiple officers and ignoring commands to drop a gun.

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“The legal question in this case is not whether Officer Hernandez shot Mr. Johnson and killed him, those facts are not in dispute. The legal questions are: Number 1, is there sufficient evidence that exists to meet the legal burden of proof required to bring charges? Number 2, in using deadly force, did Officer Hernandez act reasonably under the law?” Alvarez said during a press conference on Monday.

Alvarez said Johnson left a party with the three acquaintances and was seated in the back seat behind the driver when their vehicle was fired upon near 53rd Street and King Drive on Oct. 12, 2014. No one inside the car was struck, but the gunfire caused extensive damage to the vehicle.

Johnson and his acquaintances drove back to the area where they were fired upon. The driver told investigators he heard the cocking of a gun behind him, where Johnson had been sitting, Alvarez said.

The four got out of the car. Police arriving on the scene saw Johnson allegedly with a gun in his hand. Johnson fled officers and ignored commands by multiple officers to drop his weapon.

Johnson ran south on 53rd Street to King Drive. At one point during the chase, Johnson said he would comply with officers’ orders to surrender, but instead engaged in a struggle with an officer, knocking him to the ground, Alvarez said.

Officer George Hernandez purused Johnson and fired five shots, shooting Johnson in the back of the knee. The second and fatal shot that hit the fleeing man entered through Johnson’s armpit and exited below his eye.

The state’s attorney’s press conference included the playing of citizens’ 911 calls and a detailed presentation of police response, as well as the playing of the police dashcam video. The video did not have audio but police radio dispatches were added.

An enhanced clip from the grainy video included a dark object in Johnson’s hand provided by a law enforcement computer forensics lab was also shown, that Alvarez said indicated Johnson was holding a gun when pursued by police.

Alvarez said that while her office would prefer audio on the dashcam video, it was a problem for the Chicago Police Department to address.

The video was also shared with the FBI after the shooting, but the FBI declined to get involved. According to Alvarez, Hernandez’s actions were lawful and permissible. 

“After an objective review of the evidence, we determined that we could not prove beyond a reasonable doubt that Officer Hernandez acted in a criminal manner,” Alvarez said.

Alvarez also addressed allegations made by the Johnson family’s civil attorney, Michael Oppenheimer, who has suggested police planted a gun at the scene. Johnson’s family has filed a federal civil suit against the Chicago Police Department and Hernandez, alleging Johnson was shot by a white police officer because he is black.

“Those allegations are not supported by the evidence,” Alvarez said.

IPRA, whose chief administrator, Scott Ando, resigned on Sunday, is the investigative body that investigates allegations of police misconduct, including police-involved shootings. Alvarez said the IPRA continues to have jurisdiction over of the Johnson case.

The police dashcam video -- which Alvarez described as not being of “Hollywood quality” -- the state’s attorney’s report and other evidence will be made available to the public.