Cook County prosecutors are investigating how a seasoned prosecutor described 13-year-old Adam Toledo as gun in hand when he was shot dead by Chicago police, although a body camera image appears to show the boy without a gun when he was killed has been.
In describing the allegations against 21-year-old Ruben Roman, who was arrested at the location of Adam’s shooting in Little Village, prosecutor James Murphy told Judge Susana Ortiz that Toledo had a gun in his right hand a moment before his shot an officer.
“The officer tells [Adam] to drop it as [Adam] turns to the officer. [Adam] has a gun in his right hand, “Murphy said, reading the offer on April 10.” The officer shoots one shot [Adam]and hit him in the chest. The gun that [Adam] had landed a few yards away against the fence. “
The provider matches part of what the video of the fatal shooting from March 29th shows, but fails to realize that Adam dropped his gun and had his hands in the air less than a second before the officer’s shot.
Chicago media, including the Chicago Sun-Times, reported that Murphy was indicating that Adam was holding a gun when he was shot.
Prosecutor’s spokeswoman Sarah Sinovic declined to comment on Friday why it took the office five days to say Murphy did not fully investigate before Rubens’ hearing.
“A lawyer who works in this office did not fully inform himself before speaking in court,” said the statement released on Thursday. “Such errors cannot occur and this has been discussed with the person concerned. The video speaks for itself. “
Prosecutors do not believe Murphy lied or knowingly presented inaccurate information, Sinovic said on Friday. But she said the office was concerned that the information Murphy presented in court was not clear.
Murphy “didn’t make it clear when [Adam] I didn’t have a gun, ”Sinovic said.
“Something was presented as fact when it was being investigated.”
Sinovic would not say whether Murphy would face disciplinary action for failing to do so.
Murphy declined to comment Friday.
Prior to Rubens’ hearing, Murphy hadn’t seen the surveillance camera video showing Adam appearing to have thrown the gun behind a fence before he was shot, Sinovic said.
She declined to say whether this material was available at the time of the prosecution hearing.
“We are still investigating which videos were available [Murphy]”Said Sinovic.” We’re still trying to find out what he had access to when he made the testimony in court.
Two sources with knowledge of the investigation told the Chicago Sun-Times that Murphy’s offer had not been approved or read by anyone else in the prosecution before it was presented to a judge.
Sinovic would not discuss the office’s guidelines on the vendor approval process, but said the office is investigating whether Murphy’s managers have opted out of the vendor.
Ruben is accused of recklessly dropping a firearm, illegally using a weapon, endangering children and violating probation.