Morris Police Face Lawsuit After Killing Alivia Schwab, Mother Of 3

MORRIS, IL — A Chicago lawyer has filed a federal wrongful death lawsuit against the city of Morris for the Sept. 29 death of 40-year-old Alivia Schwab, who was shot multiple times while on the phone with a suicide crisis hotline while running toward Morris Police Officer Nick Pampinella, gripping a 9-inch-long chef's knife in her hand.

The lawsuit, filed Friday in Chicago's federal court, names Officer Pampinella, Officer Casie Price and the city of Morris as the defendants. Price and Pampinella were the only officers at the apartment complex at the time of Schwab's death.

"Alivia Schwab's counselor was still talking on the cell phone that fell from Alivia's hand after Defendant Pampinella shot her in the face," states the lawsuit filed by attorney Jeffrey Neslund of the Law Offices of Jeffery Neslund of North Wacker Drive.

On Sunday, Patch published the body camera video footage from Officer Pampinella. At the bottom of this story, you can see the body camera footage from Officer Price.

In November, Grundy County State's Attorney Russell Baker issued a statement, announcing that Officer Pampinella was justified in his use of deadly force against Schwab.

According to the allegations raised in the new federal lawsuit:

Schwab resided in an apartment complex at 1863 Ann Lane in Morris, and she had a history of mental illness. In September, her last month alive, she was under the care of mental health professionals and transitioning from a residential facility into her own apartment.

On her last day alive, Sept. 29, the Morris Police Department received a 911 call from Schwab's mental health counselors. The counselors told Morris police that Schwab was suicidal and threatening to harm herself with a knife.

"As the defendant officers approached the parking lot in front of Alivia Schwab's apartment, defendant Officer Pampinella told Defendant Officer Price to 'go non-lethal,' referring to the use of non-lethal force," the Chicago lawyer informed the federal courts. "As the defendant officers entered the parking lot of the complex, Alivia Schwab was in the doorway of her first-floor apartment, still on her cell phone speaking with one of her counselors with her cell phone in her right hand up to her right ear, and she held a knife pointed to the ground in her left hand."

The lawsuit points out that "as Alivia Schwab slowly walked out of her apartment, defendant Officer Pampinella yelled to defendant Officer Price to tase Alivia Schwab with her department-issued taser. Defendant Officer Price did not discharge or even unholster her taser as Alivia Schwab walked past her.

"Two seconds later, defendant officer Pampinella shot Alivia Schwab three times, including a lethal shot to her face."

The plaintiff's lawyer indicated in the Schwab family's federal lawsuit that "when defendant Pampinella shot and killed Alivia Schwab, she still had her cell phone up to her right ear and held a knife in the downward position, never raising it or threatening either defendant officer in any way."

However, the lawsuit fails to mention that Schwab can be seen on Officer Price's body camera video running directly at Officer Pampinella, as the K-9 officer is backpedaling and repeatedly ordering her to stop and drop her knife.

"Stop it, or you're going to get shot," Pampinella screams.

Pampinella, who has been on the force nearly four years, only fired his gun at Schwab after she began running at him, clutching the 9-inch-long chef's knife in her left hand.

She suffered the one gunshot to her face and two more bullets to her abdomen. She died instantly.

In October, her family created a GoFundMe to cover her funeral expenses and to provide financial support for Schwab's three children, Nick, Nathan and Stacie, who are all under the age of 18. The Alivia Schwab GoFundMe has raised $12,289 toward its fund-raising goal of $15,000.

"She loved her children very much and tried very hard to get better for them. They were her entire world. Her children are absolutely devastated with the loss of their mom," the GoFundMe noted. "We are asking for support in helping her get the final resting services she deserves, in addition to financial support for the children to seek different counselors that cater to their special needs to help get through this difficult time."

Warning: Video contains graphic content that viewers may find disturbing.