Glasgow Won't Charge Ex-Cop Flores With Murder Of Samantha Harer

JOLIET, IL — Will County State's Attorney Jim Glasgow, who supported the 2018 conclusion of the Channahon Police Department that Samantha Harer died of a self-inflicted gunshot wound, does not plan to bring first-degree murder charges against former Crest Hill Police Officer Felipe "Phil" Flores in connection with Harer's death.

On Thursday morning, Will County Judge John Anderson issued a $15 million default judgment against Flores for the wrongful death lawsuit filed by Samantha Harer's parents, Kevin and Heather Harer. The verdict was obtained by the New York City-based Bonjean Law Group, comprised of attorneys Jennifer Bonjean, Ashley Cohen and paralegal Haley Coolbaugh.

Flores chose not to hire an attorney to defend the case. On June 30, Flores walked out of Judge Anderson's courtroom rather than hear testimony presented by plaintiff's lawyer, Jennifer Bonjean, supporting her contention that Flores got away with murder on Feb. 13, 2018.

Following Judge Anderson's written ruling issued Thursday, Joliet Patch contacted the Will County State's Attorney's Office for Glasgow's reaction to the news.

The following statement was released on behalf of the long-time Will County State's Attorney:

"The death of Samantha Harer is a heartbreaking tragedy,"Glasgow stated. "I have never hesitated to file murder charges when the evidence justifies it. The court, in this civil action, applied the preponderance standard. As Judge Anderson stated, 'the evidence demonstrates that Felipe likely shot and killed Samantha.'

"This finding is light years away from the burden of proof in a criminal case requiring proof beyond a reasonable doubt, where the evidence must prove that the defendant was in fact responsible."

On June 30, Flores appeared in Will County Courtroom 905 and informed Judge Anderson, "I don't think anything I say is going to change anything."

Then, Flores got up from his courtroom table and walked out on the judge.

A woman who accompanied Flores to the courtroom, possibly family, blocked Joliet Patch's editor from attempting to interview Flores as he darted down the long hallway to escape the building through a stairwell.

"Please, leave him alone," the woman said, refusing to identify herself. "Leave him be. It was a thorough investigation. He has suffered enough. He loved her."

In Thursday's statement provided to Joliet Patch, State's Attorney Glasgow remarked, "Unlike a criminal trial, this was a default action. As the trial court noted, only limited evidence was presented. In fact, the defendant did not present any defense. There is no comparison between this court proceeding and a criminal murder trial."

On Thursday, attorney Bonjean praised Judge Anderson's decision, stressing how the case has never been about winning the money. Bonjean has no expectation Flores will be able to pay the $15 million judgment that Judge Anderson entered against him. The former Crest Hill police officer continues to live in an apartment complex on Joliet's west side near Ingalls Avenue.

Thursday marked the most significant development in the Harer case since her death on Feb. 13, 2018, according to Bonjean. In December 2018, Channahon Deputy Police Chief Adam Bogart issued a press release informing everyone that the case was closed, that Harer shot herself in the head and her case was ruled a suicide.

"If nothing else, the idea that it was a clear suicide has been debunked," Bonjean told Joliet Patch's editor on Thursday. "Again, this was never about the money to Kevin and Heather Harer. The judge was very consistent in applying the law and we're hopeful that this will give the Will County State's Attorney's Office some motivation to take another look at this case."

She said that the forensic evidence shows that Flores fatally shot Harer inside her bedroom; the gunshot residue tests came back positive for Flores, negative for Harer, who was found in the nude. Also, blood spatter was found on Flores' dark sweatshirt and his right sleeve. Flores' right hand covered in blood and there was no credible evidence that Flores ever touched or handled Samantha Harer's body after the shooting, Bonjean pointed out.

Mysteriously, the Channahon Police Department, working with the Will-Grundy Major Crimes Task Force, chose not to determine the identity of the second person whose DNA was discovered upon Samantha Harer's Smith & Wesson handgun used to take her life, Bonjean pointed out.

That person's identity was proven to be Flores, according to world-famous DNA scientist Dr. Karl Reich, who testified at the June 30 prove-up hearing in front of Judge Anderson.

Bonjean also said that Thursday's $15 million judgment against Flores "should be raising questions about what type of investigation was conducted by the law enforcement agency tasked with protecting and serving the community."

One of Bonjean's biggest lingering questions, at this point in time, is why Glasgow and the Will County State's Attorney's Office "didn't even let the process move forward. They refused to at least have a grand jury to determine if probable cause even existed to charge Phil Flores.

"I do think there is sufficient evidence to charge, while also realizing that the burden (of proof) is high," Bonjean remarked after winning the $15 million civil judgment against Flores. "I know the standard of conviction is high."

Bonjean said she believes the Harer death investigation was a mixture of police incompetence and police corruption. She insists that both involved the Channahon Police Department's upper administration and not rank and file members of the Will-Grundy Major Crimes Task Force.

"I think it was a shoddy investigation, and a shoddy investigation leads to poor decision-making and when it comes to charging Phil Flores, they chose not to, " Bonjean said Thursday. "Channahon was dug in defending its initial and premature finding of suicide, and we know they ignored the evidence."

Thursday's initial statement released to Joliet Patch on behalf of Glasgow did not address the 2018 conclusion reached by Channahon and Will County Coroner Patrick O'Neil, ruling Harer's death a suicide.

Late Thursday afternoon, Patch reached out to Glasgow's spokespersons seeking clarification on whether the Will County State's Attorney Office is going to revisit the suicide ruling put in place back in 2018.

"No, we are not aware of any new evidence," responded Laura Byrne, Assistant State’s Attorney for the Office of the Will County State’s Attorney.

Back on June 30 following her evidence hearing before Judge Anderson, Patch asked Bonjean "where does the Will County State's Attorney Office fit into all this?"

"They fumbled the ball," Bonjean said, referring to Glasgow and his team. "They didn't even ask ISP (Illinois State Police) to do the analysis of whether Flores' DNA was on the gun. No one asked Flores why there was a big dent in the wall where Samantha's head would have been.

"They remained willfully ignorant. They protected the badge, too. There is no other inference to draw. They are incompetent, but not that incompetent."

Bonjean was also asked on June 30 by Patch's editor whether criminal charges will ever be filed by the Will County State's Attorneys against Flores in connection with Harer's death.

"If there is an ounce of honor in that office, they will," she said. "Let a jury decide. Based on the facts as we know them, if Phil Flores was anyone but a cop, he would have been indicted and faced trial."

Earlier Joliet Patch story:

Phil Flores Must Pay $15 Million For Samantha Harer's Death: Judge