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

ROMEOVILLE, IL —The sister of 65-year-old Crest Hill resident Gregory Walker, who raised his hands high into the air during a peaceful surrender at Romeoville's Fifth Third Bank more than nine months ago, has filed a federal civil rights wrongful death lawsuit against Will County Sheriff's Office sniper John Allen. The lawsuit also names Sheriff Mike Kelley, who promoted Allen to a lieutenant just three months before the shooting happened.

"Mr. Walker was not in possession of a firearm at the time he was shot by Deputy John Allen," the lawsuit against the Will County Sheriff's lieutenant states. "Deputy John Allen shot Mr. Walker despite that Mr. Walker was unarmed and posed no threat to any other person."

On Tuesday evening, Will County Sheriff's Chief Deputy Dan Jungles told Joliet Patch the sheriff's office has not been served with the lawsuit.

Jungles said he was certain Sheriff Kelley was also unaware of the lawsuit. Jungles said the sheriff's office does not comment on pending litigation.

On Monday, Evanston attorney Ian Barney of the law firm Barney & Hourihane filed the 15-page lawsuit on behalf of Walker's sister, Brenda Nash-Milton, in Chicago's U.S. District Court.

According to Barney's lawsuit:

Walker was inside the Romeoville bank on May 10, 2022, and the Crest Hill man became upset and made complaints about the bank. The incident happened around 3:30 p.m. The bank's address is 225 South Weber Road.

"Mr. Walker was initially armed with a firearm," Barney's lawsuit noted. However, "at no point did Mr. Walker threaten harm to another person."

In the coming minutes, Romeoville police officers responded to the bank, including one of Romeoville's crisis negotiators. Deputies from the Will County Sheriff's Office also responded, including Lt. Allen, a member of Will County's SWAT team.

As for Allen, the SWAT team sniper remained outside the bank, holding his police rifle.

As time passed, the Romeoville police's crisis negotiator talked with Walker over the phone while Walker remained in Fifth Third 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 himself and surrender to police," the lawsuit states. "Mr. Walker then put down the firearm he previously possessed while inside the bank."

According to the wrongful death lawsuit, Walker put down his gun and complied with the orders from the police officers converged upon the bank.

"Mr. Walker put his hands up and approached the main front exit of the bank," the lawsuit outlines. "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.

"At this time, Deputy John Allen discharged his firearm, striking Mr. Walker in the chest with a bullet."

The federal lawsuit against the Will County Sheriff's lieutenant informs the judge that "Mr. Walker was not in possession of a firearm at the time he was shot by Deputy John Allen. Deputy John Allen shot Mr. Walker despite that Mr. Walker was unarmed and posed no threat to any other person."

Ambulance crews rushed the senior citizen to the nearby Bolingbrook Hospital, and that's where the gunshot victim died. According to the plaintiff's lawyer, Walker was not married and he did not have any children.

Count one of the federal lawsuit alleges excessive force. "The force used against Gregory Walker by Defendant Deputy John Allen was unreasonable and excessive, without lawful justification, and conducted under color of law," according to Barney's lawsuit. "As a result of Defendant Deputy John Allen’s unreasonable, unjustified, and excessive use of force, Gregory Walker suffered fatal injuries."

Count two accuses Allen of willful and wanton conduct under the Illinois Wrongful Death Act. The complaint alleges "Defendant Deputy John Allen owed Gregory Walker a duty to refrain from willful and wanton conduct that would endanger Mr. Walker, and to not act with deliberate indifference or conscious disregard for the health and safety of Mr. Walker and others. Defendant Deputy John Allen breached that duty by committing one or more of the aforementioned acts, including purposefully discharging a firearm and shooting Gregory Walker about the body."

Count three accuses Allen and Sheriff Kelley of battery, stating, "Defendant Deputy John Allen’s conduct was undertaken within the scope of his employment such that his employer, Defendant Mike Kelley, Sheriff of Will County, is liable for his actions."

Count four alleges willful and wanton conduct under the Illinois Survival Act.

Count five, brought under the Illinois Survival Act, accuses Allen of battery. "As described more fully in the preceding paragraphs, Defendant Deputy John Allen knowingly and intentionally caused a harmful and offensive contact with Gregory Walker in that Defendant Deputy John Allen shot Gregory Walker about the body with a firearm without any legal justification.

"Defendant Deputy John Allen intended to cause the harmful and offensive conduct described above," Barney's lawsuit indicates.

Counts six and seven accuse Allen of negligence. The complaint lists four ways Allen acted negligent:

"Maintained his finger on the trigger of his firearm while aiming the firearm at Mr. Walker despite that Mr. Walker posed no threat."

"Placed force on the trigger of his firearm sufficient to cause the firearm to discharge."

"Operated his firearm in a way that presented an unreasonable danger of injury to Mr. Walker."

"Failed to take reasonable precautions to prevent the accidental discharge of his firearm."

Count eight in the lawsuit is called "respondeat superior" and it's against Kelley.

"The Sheriff is required to pay any tort compensatory damages judgment for which he or an employee acting within the scope of his employment is liable," the complaint alleges.

On Thursday night, Patch asked Barney about the status of the police investigation into Allen's deadly shooting. Even though more than nine months have passed, the Illinois State Police has continued to withhold releasing any of the video footage showing the Will County Sheriff's sniper fatally shoot his client's brother.

"The Illinois State Police conducted the initial investigation into the shooting," Barney told Patch. "My understanding is they have completed their investigation and have turned the matter over for review to the Will County State's Attorney's Office, who will make a determination whether criminal charges against Allen are warranted."

Patch asked Barney if it's his belief that the Romeoville bank shooting was captured on video.

"Correct, that is my understanding," he remarked.

Two weeks ago, the Will County State's Attorney's Office responded to Patch's email questions asking if a determination has been made on whether criminal charges are warranted or not.

"Hi John, Regarding your question below, this matter is still under review. We have no additional comment at this time," responded Laura Byrne, Assistant Will County State’s Attorney.