State's Attorney Reveals Details From Officer-Involved Shooting

LAKE COUNTY, IL – A Lakemoor Police Department officer acted “reasonably and appropriately” when he quickly came to the aid of a fellow officer and fatally shot a 38-year-old Pennsylvania man over the summer, likely saving the female officer’s life, the Lake County State’s Attorney’s Office announced early Wednesday. Authorities learned shortly after the shooting that the man they shot, Kenneth E. Martell, of Meadville, Pennsylvania, was wanted for stabbing to death an 88-year-old Pennsylvania man just days earlier.

Lake County State’s Attorney Mike Nerheim released the findings from his office’s investigation into the officer-involved shooting, which occurred at about 5 a.m. on Four Seasons Boulevard and Sullivan Lake Boulevard in Lakemoor.

The findings shed more light into what lead to the fatal shooting and the extremely unnerving situation Lakemoor Officer Briana Tedesco was faced with after she spotted a suspicious vehicle backed onto a path of a private property without its headlights on and went to check on it.

Tedesco approached the car on foot. She asked Martell for his driver’s license, which he said he didn’t have, so she then asked for his name. He provided a fake name. After checking and finding no record of him, she asked him for any document that would identify him, according to the state’s attorney’s news release.

Martell handed the officer a piece of paper and as she was looking at it, she heard a noise and noticed Martell looking down at the driver’s side door. He then reached out the window and pointed a handgun directly at the officer, according to the news release.

She believed Martell pulled the trigger of the gun but it did not fire. She immediately pulled the gun with her right hand and pushed it away from her. She then dropped the items in her other hand and used both of her hands to push the gun down and back into the driver’s vehicle, according to the officer’s account.

As she struggled for Martell’s gun, she attempted to call on her radio but Martell grabbed her hand to prevent her from calling for help. He then pulled her back toward the car and Tedesco said she then saw Martell reaching for a second gun.

At this point, Tedesco was “in fear for her life and believed that Martell was about to kill her,” according to the investigative findings. Officer Anthony Loiacono, a 14-year-old veteran of the department, showed up at the scene as Tedesco’s backup and heard the female officer screaming.

He also saw her struggling and said it looked like the driver was trying to pull Tedesco into the car through the driver’s window. Tedesco was able to step away from the vehicle at this moment and Martell raised both of his arms. He had a revolved in each hand, Loiacono said in his statement to the state’s attorney’s office.

Loiacono told Martell to drop his weapon and then pointed his gun at Martell before firing one round at Martell’s face. Martell’s body slumped back in the driver’s seat. The officers checked on Martell and “could see that no life-saving efforts could be attempted to save his life.”

The officers found a colt police positive .38 caliber revolver that was fully loaded and a Rohm GMBH Sontheim/Brz 22 caliber magnum revolver that was unloaded in the car. During a search of a wooded area near the shooting site, authorities also found a large number of weapons including rifles, shotguns, crossbows and ammunition, according to the news release.

They also found court documents, bail bond documentation, and a criminal summons all in the name of Kenneth Martell. The stolen property and identification cards of the victim Martell was accused of killing, Theodore Garver was also found, authorities said.

Authorities said Martell tied, robbed, beat and stabbed to death 88-year-old Garver in his Beaver Township home in Pennsylvania. After the murder, Martell is accused of abducting other individuals at gunpoint and forcing them to aid Martell in the disposal of the man’s body. Martell eventually dumped the body in a lake near Garver’s home.

Toxicology results from Martell revealed he had methamphetamine, amphetamine and marijuana in his system.

Family members later told police Martell abused illegal drugs, including methamphetamine. Martell had made statements to friends and family that “cops were going to kill him over a drug bust” and that he was “not going down without a fight,” according to the news release.

The full conclusion from the state’s attorney’s investigation can be found below:

Based upon the facts gathered in this investigation and a review of the applicable Illinois Statutes, Officer Loiacono acted reasonably and appropriately.

Officer Tedesco was on duty, in uniform, and driving a marked Lakemoor Police Department squad. Officer Tedesco observed a suspicious vehicle backed onto a path on private property with no headlights illuminated. Officer Tedesco radioed for backup.

Officer Tedesco approached the vehicle on foot. Officer Tedesco wanted to ensure the well-being of the occupant and to determine why he was located in that area. Officer Tedesco asked for some identification.

The occupant, Mr. Martell, provided a fictitious name to Officer Tedesco. When Officer Tedesco determined that there was no record for the name Mr. Martell provided, she asked for some written identification. Mr. Martell handed the officer a piece of paper. As the officer was reading the document, Martell produced a handgun and pointed it directly at her head. It became apparent that the tender of a piece of paper was designed to distract Officer Tedesco from what Martell was about to do.

A struggle for the gun ensued. As this was taking place, Officer Loiacono arrived at the scene. Officer Loiacono saw this struggle taking place and heard Officer Tedesco screaming. Officer Loiacono thought that the driver of the car was trying to pull Officer Tedesco into the car through the driver’s window. Officer Loiacono continued to advance on foot toward the altercation. At one point, Officer Tedesco was able to take a step back from the driver’s door. Mr. Martell then raised both of his hands. Each hand was holding a revolver. As Martell raised both hands in the direction of Officer Loiacono, he believed that he and fellow Officer Tedesco were both in danger of being shot to death. Retreat was not an option.

With both officers within feet of a man armed with two handguns, only one option remained for the officers: To defend themselves.

It was at this point that Officer Loiacono drew his weapon and fired one shot at Mr. Martell. Martell was killed by that single shot. Dispatch was then immediately notified of this shooting.

During this entire interaction, Officer Tedesco was respectful, thorough, and conducted herself as a consummate professional. Martell’s acts of deception and lies to Officer Tedesco were a prelude to an ambush. That ambush resulted in Officer Tedesco coming face to face with Martell and his two handguns.

It was only through her immediate reaction to this trap that she was able to save herself. Her quick actions and fight for the gun allowed additional time for her partner to arrive at the scene. Her partner was then able to end this deadly confrontation. The acts of these two skilled officers were masterful and indicative of two people acting in self-defense

The motivation for Martell’s actions became apparent after the shooting took place: He was a man wanted for the Pennsylvania murder of 88-year-old Theodore Garver, a crime which had occurred three days earlier.

In accordance with the policy of my office with respect to officer involved shootings involving death, I am making the case file open and available to the public. Transparency is essential to promoting public trust. Please note that due to ethical, legal and privacy issues, not all of the case file can be made public and some of the reports that have been made public have been redacted. This file will be available in the coming weeks on the State’s Attorney website to anyone who wishes to review the material.

This case, once again, highlights the incredibly dangerous jobs that our law enforcement officers endure. Every encounter that they experience can, without warning, turn deadly. I would like to express my condolences to the family of Theodore Glover. And though Kenneth Martell’s death was a consequence of his own actions, I express sympathy to his family. I would also like to acknowledge the Lake County Major Crimes Task Force for its expertise, dedication, and thoroughness. I would like to commend the extraordinary professionalism exhibited by Officer Tedesco and Officer Loiacono during these trying circumstances. And lastly, my thanks to the citizens of Lakemoor for their patience and cooperation in this matter."

PHOTO VIA SHUTTERSTOCK