Wrongful Death Suit Filed In Fatal Cop Shooting of Indiana Man

CHICAGO, IL -- The fiancee of an Indiana man slain by two off-duty Chicago police officers during a traffic altercation last fall has filed a wrongful death lawsuit in Cook County Circuit Court. Joshua Beal, 25, was shot to death Nov. 5, 2016 in Mount Greenwood, when the vehicle he was riding in reportedly blocked a fire lane during a funeral procession to Mt. Hope Cemetery. Although the complaint acknowledges that Beal had drawn his own gun, he had already put his weapon away when he was shot 18 times.

The lawsuit, filed on July 25, contends that a white off-duty cop’s actions, along with another unknown, off-duty officer-defendant “created the chain of events” that escalated into a violent confrontation resulting in the Beal, an African American, being shot to death. Beal’s death touched off days of ugly demonstrations between police supporters and black activists in the Mount Greenwood neighborhood, where many of the city’s police officers reside.

Named as plaintiffs are Beal’s fiancee, Ashley Phifer, and their two minor children. Phifer is suing the City of Chicago and Chicago police officer Joseph Treacy (spelled “Tracey in the complaint) and an “unknown officer,” identified in police reports as Sgt. Thomas Derouin. The lawsuit maintains that the individual officers, both off duty at the time of the shooting “were acting within the scope of their employment” when they allegedly shot Beal. Derouin was in uniform and on his way to work when he came upon the altercation; Treacy was not in uniform.

Beal and his family were in the area attending a family funeral. After the funeral, Beal and Phifer went to visit a sick relative in the hospital. When Beal and his fiance were on their way to the hospital near Troy and 111th Street, the lawsuit states that Treacy “exited a vehicle that he was traveling in and drew his weapon.”

Treacy is said to have pointed his gun at “many African-American individuals,” described in the complaint as unarmed civilians. Before Beal withdrew his own weapon, for which he had a valid FOID card, the complaint claims that “Officer Tracey” did not see any of the other African-American individuals carrying a gun. When the off-duty officer pointed his weapon at the funeral party, “he did so aggressively, shouting obscenities.”

The complaint further states that prior to Treacy taking out his gun he was “not reasonably in fear of the life of another.” Treacy pointed his gun at “multiple African-American citizens,” yelling “get the [expletive] back” on “multiple occasions,” the complaint said.

Beal removed his own gun, for which he had a valid FOID, commensurate with a cellphone photo of the Indiana man pointing the gun in traffic that was widely shared on neighborhood social media. The complaint describes Beal as being in “fear for his life and the lives of others,” as Treacy continued to “aggressively” shout obscenities.

The funeral attendees, who claimed they saw Treacy yelling and screaming, did not know that he was a police officer. Witnesses said Treacy only announced his office once, but it was a “short and brief comment few individuals heard and not by Joshua Beal.”

Beal had already put his gun away when he was shot several times by Treacy and Derouin, the complaint stated. Beal was pronounced dead at Advocate Christ Medical Center, despite the life-saving efforts of a bystander, who attempted to give Beal CPR before paramedics arrived. The complaint further states that multiple witnesses called 911 when they saw Treacy drawing his gun.

According to news reports, Beal died of multiple gunshot wounds. Derouin reported firing his 9mm pistol seven times, while Treacy, reported shooting his 9mm handgun 11 times. Treacy is a 10-year veteran of the Chicago Police Department; Derouin has 14 years.

Phifer, who claims to have had a bullet pass by her, is suing on grounds of extreme emotional trauma. She is asking for damages in excess of $50,000. Phifer and her children are being represented by Chicago attorney Blake Horowitz.

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