No Charges For Cop Involved In Shooting At Laurel BMW In Westmont

WESTMONT, IL — No charges will be filed against Westmont Police Officer Robert Arndt, who shot two suspected burglars outside Laurel BMW in Westmont on Dec. 31. In a statement, DuPage County State's Attorney Robert Berlin said Arndt's actions were "justified," and that he acted in self-defense.

Police were called to Laurel BMW, 430 Ogden Ave., on Dec. 31, 2021, for a report of a burglary in progress. When police got to the scene, they saw a white Acura near the building's service bay doors.

Prosecutors say police pulled in front of the Acura, turned on their emergency lights and got out of the squad car with their guns drawn. A juvenile, 17, and Angel Martin, 23, then exited the dealership and got into the Acura.

Arndt and his partner told the suspects to stop and "get out of the car," a news release said.

Police say the teen was driving the Acura and accelerated in Arndt's before driving onto the sidewalk where Arndt was standing, which caused Arndt to move out of the vehicle's way. Arndt fired 10 shots toward the Acura as he moved out of the way, prosecutors say.

After the shots were fired, the teen drove through the parking lot and over a concrete barrier before heading east on Ogden and then north on Route 83. Oak Brook police began pursuing the Acura, which went over a curb and onto the grass near 22nd Street in Oakbrook Terrace.

The teen was taken to a local hospital with a gunshot wound to the chest. Martin was taken into custody outside of the Lake View Nature Center, and then later taken to a hospital with gunshot wounds in his left arm and a graze wound on his left leg.

Investigators say they later found 10 shotgun casings at the scene of Laurel BMW and later found that eight gunshots had hit the Acura. Officers later used a warrant to search the Acura and found four guns in and around the car. Police say they found:

• A Glock 19x 9mm handgun with a 32-round extended magazine
• A black Polymer 80 handgun with a laser device and no serial number
• A black Glock 17 Gen4 handgun with a full auto switch
• A Glock Gen4 .40-caliber handgun with an auto switch

Prosecutors say police also learned that the Acura had been stolen from a dealership in Libertyville 10 days earlier.

Berlin cited Illinois Statutes 720 ILCS 5/7-1 (a), which addresses use of force in self-defense and Illinois Statute 720 ILCS 5/7-5, which addresses use of force by a peace officer making an arrest in his statement.

Berlin wrote, "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."

He continued, "Given the violent actions of the 17-year-old juvenile, his refusal to obey repeated police commands, his complete and utter disregard for the authority of the police, and his intentional act of driving a 3,505-pound vehicle at Officer Arndt, it was reasonable for Officer Arndt to believe the seventeen-year-old juvenile was attempting to run him over, and that deadly force was necessary to prevent imminent death or great bodily harm to himself. Moreover, under Illinois law, Officer Arndt was not required to retreat or desist from efforts to make a lawful arrest because of the seventeen-year-old juvenile’s resistance to the arrest. Officer Arndt was justified in using deadly force because he reasonably believed such force was necessary to prevent death or great bodily harm to himself."

He asserted that the justification for Arndt shooting the juvenile also applied to him shooting Martin.

After the incident, the teen was charged with burglary, possession of a stolen motor vehicle, aggravated assault with a motor vehicle and aggravated assault on a police officer.

Angel Martin, 23, of Dolton, Semaje Wheeler, 18, of Chicago, and Brian Garrett, 19, of Chicago, were previously charged with armed violence, burglary and possession of a stolen motor vehicle in connection with the Dec. 31 incident.