Charges For Sheriff's Sniper In Romeoville Bank Surrender Shooting?

ROMEOVILLE, IL — Lawyers with the Illinois State Police have asked a judge not to move forward with a federal wrongful death lawsuit against Will County Sheriff's Lt. John Allen, the sniper who fatally shot a 65-year-old Crest Hill man surrendering to police and walking out of the Fifth Third Bank on Weber Road one year ago, according to the lawsuit.

Despite the passing of an entire year, the Illinois State Police still have not finished their investigation of the deadly shooting of Gregory Walker, even though the case was presented to Will County State's Attorney Jim Glasgow and his prosecutors late July.

None of the Illinois State Police reports surrounding the shooting have been made public.

The bank's video surveillance footage of the Will County Sheriff's sniper shooting Walker has been withheld from release at the request of Will County's prosecutors, according to court records.

At no point during the past year has Glasgow's office or the Illinois State Police revealed the reason why the Will County Sheriff's sniper shot Walker in the first place.

"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," Evanston attorney Ian Barney outlined in February's federal lawsuit on behalf of Walker's sister, Brenda Nash-Milton. "At this time, Deputy John Allen discharged his firearm, striking Mr. Walker in the chest with a bullet.

"As our lawsuit alleges, Mr. Walker was a Black man shot dead by a white officer without any justification," Barney previously informed Patch. "We believe the video will clearly prove this.

Bank Surveillance Video Remains Off-Limits

On Wednesday, Melaney Arnold, chief public information officer with Illinois State Police, notified Joliet Patch that "the Illinois State Police completed its investigation of this matter and submitted it to the Will County State's Attorney's Office on July 18, 2022. Their review is active and ongoing. The Will County State's Attorney's Office has not authorized release of any video at this time."

In April, Barney, the plaintiff's lawyer, served a subpoena on the Illinois State Police for the records of the Illinois State Police pertaining to Walker's shooting at the Romeoville bank.

According to court records, Illinois State Police legal counsel Amelia Finch advised the plaintiff’s counsel that ISP would not produce documents at this time "due to the ongoing nature of Agent Jakubisin’s investigation. On that same date, Plaintiff filed a Motion to Compel the production of documents. The motion should be denied, and the subpoena should be quashed, because the law enforcement investigative privilege applies to the documents sought and ISP therefore should not be compelled to produce these documents at this time."

According to the Illinois State Police's lawyer, "ISP does not object to the disclosure of documents once the investigation has concluded and the Will County State’s Attorney determines whether to file charges. However, as further explained in the attached declaration of Special Agent Jakubisin and letter from Assistant State’s Attorney Peter Wilkes ... the investigation is still ongoing and witnesses still need to be interviewed or potentially re-interviewed."

In late April, attorney Hal Dworkin, an assistant attorney general for Kwame Raoul, filed a four-page motion, urging the judge not to release any of the Illinois State Police records surrounding the May 10, 2022, sheriff's deputy bank shooting.

"This matter arises from the shooting death of Gregory Walker allegedly by Will County Sheriff’s Deputy John Allen," Dworkin wrote. "Illinois State Police Special Investigator Nicholas Jakubisin has been investigating this matter. Presently, Agent Jakubisin has been working with the State’s Attorney of Will County to assist the Will County State’s Attorney in determining whether to file criminal charges.

"The motion should be denied, and the subpoena should be quashed, because the law enforcement investigative privilege applies to the documents sought and ISP therefore should not be compelled to produce these documents at this time."

Lt. Allen's Lawyer Seeks Delay In Civil Lawsuit

Meanwhile, a lawyer for the Will County Sheriff's lieutenant has asked the federal court to delay proceedings in the federal lawsuit "until the Illinois State Police concludes its criminal investigation and the Will County State’s Attorney and/or other prosecutor renders a decision whether to initiate criminal prosecution against Lt. Allen related to his actions during the subject incident involving the decedent, Gregory Walker," court files show.

According to Allen's lawyer, "on May 10, 2022, Lt. John Allen was involved in an incident that resulted in the death of decedent, Gregory Walker, who had been armed with a firearm while holding multiple people hostage inside of a Fifth Third Bank in Romeoville. On February 20, the Plaintiff, decedent’s sister, filed this lawsuit on behalf of the decedent, alleging that decedent was the victim of excessive force in violation of his Fourth Amendment rights.

"However, because the criminal investigation into Lt. Allen is still pending and could lead to criminal charges against Lt. Allen, for the reasons set forth below, Lt. Allen requests that the court stay this civil matter entirely during the pendency of the investigation and/or any criminal proceedings," argued lawyer, Lance Neyland of IFMK Law in Northbrook.

Absent a stay, Lt. Allen "will have to decide whether to claim the privilege against self-incrimination or to answer the complaint, and, ultimately, respond to written discovery requests and questioning at a deposition," the Northbrook lawyer argued.

"If Lt. Allen chooses to invoke his privilege against self-incrimination, he 'runs the risk that this will be used as the basis for an adverse inference against him in this case, a practice the Fifth Amendment does not prohibit.'

"Conversely, if Lt. Allen chooses to answer the complaint, testify, or otherwise respond to discovery in this case, he 'runs the risk that his responses will be used by prosecuting authorities to pursue ... potential charges not yet filed.' As such, Lt. Allen is effectively backed into a corner in which he has no viable choice ... and is forced to face a significant risk of unfair prejudice that may be virtually impossible to remedy.'

"Therefore, this court should avoid this unfairness by staying this case pending further developments in the criminal investigation which might warrant terminating or modifying the stay."

FOIA Officer: Releasing Bank Video Could 'Sensationalize Details Of The Case'

Meanwhile, other lawyers working for the Illinois Attorney General in the Public Access Bureau, have not issued their decision related to Joliet Patch's Freedom of Information Act appeal. Patch appealed a February denial from the Illinois State Police seeking access to the bank video surveillance footage showing Walker exiting the bank and being killed by the Will County Sheriff's Office SWAT team sniper.

Allen was one of many police snipers and SWAT team members surrounding the perimeter of the Romeoville bank property, but he was the only one to fire his gun as Walker exited the bank.

After the shooting, the Romeoville Police Department held a press conference to read a statement, but the statement did not explain why the sheriff's sniper shot Walker in the first place.

Rhiann Martynowski, FOIA appeals manager with the Illinois State Police in Springfield, has asked the Public Access Bureau to uphold her agency's previous decision to withhold the release of the bank surveillance shooting videos to Joliet Patch.

"Peter Wilkes, Criminal Division Chief of the Will County State’s Attorney’s Office, indicated on April 14, 2023, that the requested records not be released due to the active status of this case," Martynowski wrote. "The release of records at this time, before criminal proceedings are concluded, could taint a jury pool by allowing the potential jury to form an opinion as to the defendant’s guilt or innocence prior to trial. Mr. Ferak is a reporter and therefore his job is to report and publicize information."

Additionally, Martynowski wrote that "Releasing the video footage that is part of an active, ongoing criminal investigation could sensationalize the details of the case before the proceedings have concluded."

Related Joliet Patch coverage:

Glasgow: No Decision On Charges In Sheriff's Deadly Shooting At Bank

Will Co. Sheriff's Sniper Killed Man, 65, Who Surrendered: Lawsuit

Will County Fails To Disclose It Shot 70-Year-Old Man: FOIA Lawsuit