Prosecutors Release Video Of Chicago Police Fatally Shooting Black Man – Huffington Post
Alvarez said whether Hernandez shot Johnson was not the legal question that drove her decision not to charge him.
“Those facts are not in dispute,” Alvarez said. “The legal questions are: Number one, is there sufficient evidence that exists to meet the legal burden of proof required to bring charges? Number two, in using deadly force, did Officer Hernandez act reasonably under the law?”
Alvarez said that following the investigation, she concluded that Hernandez’s actions were “reasonable and permissible” since Johnson resisted officers and was running toward a police vehicle and a city park while they believed he was armed.
Johnson was leaving a party near Washington Park on the city’s South Side when the car he was riding in was shot at multiple times by an unknown gunman, Alvarez said. Neither Johnson nor the three other people in the car were hurt.
“The four men drove a short distance and returned to the scene,” Alvarez said. Nearby residents started to call 911, prompting multiple officers to respond to the scene, including Hernandez.
Alvarez said Johnson was spotted by police officers and they ordered him to stop and drop his weapon.
The grainy dash cam footage shows Johnson running toward the park and Hernandez pulling up to the scene, exiting the car and firing on Johnson. Alvarez said there was “physical struggle” between a Chicago police officer and Johnson before the shooting, but that it was not captured on the dash cam video.
“The only dash cam recording of the incident comes from a vehicle in the back,” Alvarez said.
Officers can be heard in 911 recordings radioing that a weapon was recovered. Alvarez also referenced statements from “Witness A,” who she said told police he heard the sound of Johnson racking a gun. The individual was in the car with Johnson when their vehicle was shot.
Forensic experts enlarged still footage of the video that shows Johnson running. Alvarez and Assistant State’s Attorney Lynn McCarthy said a weapon can be seen in Johnson’s hand: