Accused Cop Killer Almost Went To Jail 3 Weeks Before Officer's Death

CHICAGO — A 26-year-old Chicago police officer slain in the line of duty might be alive today had has accused killer's pretrial release been revoked on a pending Will County case less than three weeks before the deadly shooting took place.

Ofcr. Enrique Martinez was shot multiple times Nov. 4 while conducting a traffic stop on a black Ford Escape that was double parked in the 8000 block South Ingleside in the Gresham neighborhood. The man charged in the shooting, Darion McMillian, 23, was on electronic monitoring for a case out of Will County when prosecutors said he turned a gun equipped with a machine gun-conversion device on the young officer.

McMillian’s associate, who was driving the vehicle, was also killed in the attack from gunfire that came from inside the vehicle, Chicago police said.

Martinez was rushed in a police vehicle to University of Chicago Medical Center where he was pronounced dead. The driver was pronounced dead at the scene.

Prosecutors said McMillian shoved his gravely injured friend out of the vehicle, then gunned it in reverse down Ingleside dragging the assisting officer who had tried to pull McMillian out of the SUV. The officer’s gun accidentally discharged when he fell on the ground.

Assistant Will County State's Attorney Lauren Senko filed court records to revoke McMillian's pretrial release on Oct. 21. Senko's filing indicated that McMillian was already on pretrial release in Will County when he picked up a new case, according to the charging documents.

On Sept. 19 in Will County McMillian was charged with unlawful defrauding of a drug screening test, a felony "in that he attempted to foil or defeat a drug screen by the substitution of a sample that he presented a sample of a liquid from a condom rather than submitting to the test as required."

He was also charged in 2023 in Will County with unlawful possession of marijuana with intent to deliver and unlawful possession of marijuana, and that case is still pending.

Additionally, McMillian served 20 days in jail for fleeing and eluding the police in DuPage County, on May 18, 2023, last month's filing in Will County outlined.

"Defendant has shown a conscious disregard for this county's judicial system because, based on defendant's new offense, he attempted to thwart a drug screen, that was required by the defendant as a condition of his pretrial release and in doing so, was combative, argumentative and confrontational with the examiner and probation staff," Senko's motion from Oct. 21 declared. "Furthermore, it is evident that defendant is a danger to himself because the charges listed under 2023 CF 853 are all drug-related and the results of defendant's second drug test listed both cannabis and fentanyl."

According to Senko's petition, McMillian made a past statement to Joliet police officer William Neven "that he threatened (a male victim) and even produced the knife that was used during the assault. It's the people's position that the defendant's admission, coupled with the fact that he had the knife in his possession, points heavily to the defendant's consciousness of guilt."

Senko noted that McMillian is "known to possess or have access to weapons because he previously served four years in the Illinois Department of Corrections for aggravated discharge of a firearm under Will County 2019 CF 981. In that matter, the defendant discharged a firearm in the direction of (a man)."

Filings in Joliet indicate that the Will County State's Attorney's Office effort to revoke McMillian's pretrial release did not materialize. Court filings do not indicate that Will County John Connor, the judge handling McMillian's pending case, issued a ruling for or against the petition.

Rather, McMillian was given another pretrial court hearing set for Nov. 21 after McMillian's lawyers asked for a continuance during an Oct. 28 court hearing in which McMillian himself came to the Will County Courthouse and appeared before Judge Connor.

Prosecutor Senko appeared, as did McMillian, before Judge O'Connor represented by Will County Public Defender CJ Haney. Paul Napolski, McMillian's private counsel for the felony drug screen violation charge and McMillian's previous lawyer on some of his past Will County crimes from 2019 and 2020, was also present in the courtroom.

The files show that the case came on for pretrial and the status of Senko's petition to revoke McMillian's pretrial release. Judge Connor sided with the defense's motion to continue the case for additional pretrial.

~ Patch editor John Ferak contributed to this report.