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

JOLIET, IL — In a stunning decision, longtime Will County Judge John Anderson issued a $15 million total default judgment against former Crest Hill Police Officer Phil Flores in the deadly shooting of Flores' estranged girlfriend, Samantha Harer, 23. The lawsuit was filed by Harer's parents.

"Applying the preponderance standard, the Court finds that the foregoing evidence contradicts the notion that Felipe was outside the bedroom when Samantha was shot, and further contradicts the notion that she shot herself," Judge Anderson wrote in Thursday's four-page ruling. "Rather, the evidence demonstrates that Felipe likely shot and killed Samantha. The Harers have adequately proven the elements of their claims for wrongful death and emotional distress against Samantha."

The off-duty 911 dispatcher with WESCOM in Plainfield died of a gunshot to her head inside the bedroom of her Channahon apartment on Bridge Street. The plaintiffs' lawyer, Jennifer Bonjean, insists that there was both police incompetence and corruption at the Channahon Police Department and that's why Harer's death was treated and ruled a suicide back in 2018.

Flores remained on paid leave from the Crest Hill Police Department for about 13 months following Harer's death. In March 2019 he resigned from the force, and he is not employed in law enforcement. Flores still lives in Joliet.

According to Judge Anderson's four-page written ruling issued Thursday:

On June 30, "Felipe was physically present in the courtroom. The Court asked Felipe if he wished to say anything before the hearing. The Court did this with the expectation that Felipe might ask to vacate the default, or might ask for additional time, or might explain his difficulties in complying with the Court's scheduling orders. Instead, Felipe stated that he had done nothing wrong, and he abruptly left the courtroom. Since Felipe received notice and had the opportunity to participate, and also because he had the opportunity to request a continuance or other relief but made no such request, the hearing proceeded in his absence with regard to damages."

After reviewing the evidence put forth by Bonjean, the lawyer for parents Kevin and Heather Harer, Judge Anderson wrote: "Plaintiffs presented the following unrefuted evidence at the prove-up hearing ... The Harers' evidence established as follows. Minutes before Samantha was shot, a neighbor heard banging sounds and yelling coming from the apartment, with a woman screaming 'let me go.' Samantha was found shot in her bedroom; she was naked at the time. Felipe apparently told authorities that he was in the living room at the time of the gunshot. A large dent was present in the drywall, which was consistent with the notion of a struggle from within the apartment; the dent was not there the prior day. Felipe had blood spatter and gunshot residue on his right hand and on the right arm of his sweatshirt, while gunshot residue was not found on Samantha's hand. The gun that killed Samantha had substantial elements of Felipe's DNA (18 of 20 DNA markers, with the other two being partial markers that did not exclude Felipe)."

Judge Anderson also went on to state: "The evidence demonstrates that Felipe made offensive and harmful physical contact with Samantha, without valid cause. The conduct was undertaken with reckless and intentional disregard to Samantha's life. As a direct and proximate cause of Felipe's misconduct, Samantha suffered severe physical and emotional injuries, including death. In summary, the Court finds that Felipe likely caused Samantha's death ...

"Based on the foregoing, the Court enters judgment in favor of Heather and Kevin Harer, and against Felipe "Phil" Flores, on all counts. The Court awards the Harers compensatory damages in the amount of $15,000,000 ($10,000,000 for Count 1; $2,500,000 for Count II; and $2,500,000 for Count III)."

In closing, Judge Anderson wrote: " Any efforts to enforce the monetary judgment are to be brought before Judge Jeffrey Tuminello."

In notes, the Will County Judge who issued the $15 million judgment against the former Crest Hill police officer went on to explain that "The Court's findings today do not constitute a criminal conviction. The Court is mindful that a criminal charge entails a high standard of proof (ie., beyond a reasonable doubt), whereas a civil case typically entails a preponderance standard. But, even under a clear and convincing standard, if it applied, the Court's ruling today would be unchanged.

"Further, the Court takes no position on whether Felipe ought to be charged; that is not the Court's decision to make. Besides, the Court is not in a position to understand why Felipe was not charged with Samantha's death, as no one from the Channahon Police Department, nor the coroner's office, nor other law enforcement authorities, testified to explain their perspective as to why Samantha's death might have been a suicide."

Joliet Patch has reached out to the Will County State's Attorney's Office spokeswoman Carole Cheney for reaction to the ruling and for comment on whether officials will revisit the investigation into Harer's death.

Related Joliet Patch story:

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