Did Will County Sniper Accidentally Kill Surrendering Man At Bank?: Lawsuit

JOLIET, IL — Plaintiff's attorney Ian Barney has filed an updated federal lawsuit complaint against Will County Sheriff's Lt. John Allen and Sheriff Mike Kelley surrounding the May 10, 2022, death of Gregory Walker. The 65-year-old Crest Hill man was surrendering peacefully at the Fifth Third Bank in Romeoville — with his hands raised high into the air and no weapons in his hands — when the sheriff's sniper killed him, according to the updated lawsuit.

"At the time he approached the exit, Mr. Walker was not in possession of a firearm or any other weapon or device that could have caused harm to others," Barney's updated lawsuit informs U.S. District Judge Sara Ellis. "At the time he approached the exit, Mr. Walker posed no threat to any individual. At the time he approached the exit, Mr. Walker’s hands were raised in the air, demonstrating that he was not in possession of any weapon."

One section of the latest court filing argues Lt. Allen was negligent in several ways, including by having:

• Maintained his finger on the trigger of his firearm while aiming the firearm at Walker, despite Walker posing no threat.
• Placing force on the trigger of his firearm sufficient to cause the firearm to discharge in the presence of Walker.
• Operating his firearm in a way that presented an unreasonable danger of injury to Walker.
• Failing to take reasonable precautions to prevent the accidental discharge of his firearm.

The updated lawsuit in U.S. District Court suggests that Allen, who was a SWAT team sniper, recklessly discharged his gun or accidentally discharged his gun, resulting in the death of the Crest Hill man.

"Lieutenant Allen’s conduct was undertaken within the scope of his employment such that his employer, Defendant Mike Kelley, in his official capacity as Sheriff of Will County, Illinois, is liable for his actions," Barney's lawsuit reads.

The lawsuit was filed in February 2023 on behalf of Brenda Nash-Milton, a Florida resident and Walker's sister. December's updated complaint provides more information surrounding Walker's death outside the Fifth Third Bank on Weber Road from 20 months ago.

Meanwhile, Will County State's Attorney Jim Glasgow remains indecisive; Glasgow has chosen not to make a decision on whether to charge Lt. Allen in Walker's death.

Because of that, the Illinois State Police say they won't publicly release any of the police reports or video surveillance of Walker's death to the public and the press.

But the plaintiff's lawyer was able to obtain volumes of police reports and videos through a judge-issued protective order that restricts Barney from sharing that information with anybody.

Here are new details contained in Barney's lawsuit against Lt. Allen and Sheriff Kelley:

On May 10, 2022, Walker was a customer at the Fifth Third Bank in Romeoville and "while in the bank branch, Mr. Walker was upset and made certain complaints of the bank. Mr. Walker was initially armed with a firearm. At no point did Mr. Walker harm another person or threaten to harm another person," the lawyer noted.

Police from Romeoville and Will County Sheriff's Department responded to the Weber Road bank, including a crisis negotiator from Romeoville's police force; Lt. Allen also responded as one of several Will County Sheriff's SWAT snipers deployed around the Romeoville bank and Allen "took up a position in proximity to the bank which allowed him to see the front door to the bank."

Meanwhile, Romeoville Police Department's crisis negotiator talked with Walker while Walker remained in the bank; "after speaking with the negotiator, Mr. Walker allowed everyone inside the bank to leave the bank and agreed to peaceably exit the bank branch and surrender to police," Barney's lawsuit informed the federal judge.

"Mr. Walker then put down the firearm he previously possessed while inside the bank. After putting down the firearm, and in compliance with orders issued by police officers, Mr. Walker put his hands up and approached the main front exit of the bank."

According to the lawsuit, before Walker exited the bank, "Lieutenant Allen was informed that Mr. Walker had released all other individuals from the bank. Lieutenant Allen was aware that Mr. Walker was following law enforcement commands and had agreed to exit the bank."

Furthermore, "as Mr. Walker exited the bank, Lieutenant Allen discharged his firearm, striking Mr. Walker in the chest with a bullet. Mr. Walker was not in possession of a firearm at the time he was shot by Lieutenant Allen. Lieutenant Allen shot Mr. Walker despite that Mr. Walker was unarmed and posed no threat to any other person," the lawsuit noted.

Attorney Barney added that emergency aid was rendered to Walker, and he was subsequently rushed by ambulance to Bolingbrook hospital, where he later died.

The Illinois State Police finished its investigation into the Will County Sheriff's sniper shooting case on July 18, 2022, turning over its files to Glasgow and his fellow Will County state's attorneys, who have yet to announce their decision on criminal charges.

"The Will County State’s Attorney’s Office has not authorized release of any video at this time," Illinois State Police chief public information officer Melaney Arnold wrote Joliet Patch on May 10, 2023.

Then, in December, seven months later, Arnold provided Joliet Patch with this update:

"Following up on our call yesterday, I really don't have anything additional ISP can say. ISP completed its investigation and turned it over to the Will County State's Attorney's Office in July 2022. The Will County State's Attorney's Office continues to review the case, and it will be up to that office to provide any additional information and to determine any potential charges."

As for Allen, he remains in a supervisor's role at the sheriff's office on Laraway Road.