In the early morning hours of June 7, 2011, CPD Officer ("Ofc.") Gildardo Sierra and his partner responded to an alleged domestic battery in the Englewood neighborhood. Upon their arrival, Ofc. Sierra contended he observed the alleged offender, M-29, flee on foot from the location; no weapon was observed on Plaintiff’s person or in his hands. Ofc. Sierra caught up with Plaintiff near a vacate lot at 6230 S. Wolcott when Ofc. Sierra told Plaintiff the following: “Stop, Police, or I’ll Shoot.”
Ofc. Sierra alleged that he shot and killed M-29 on June 7, 2011 while he was “in reasonable fear for his life.” Ofc. Sierra alleged that when directed to stop running, Plaintiff turned toward Ofc. Sierra, removed a dark object from his right pants pocket and pointed it at Ofc. Sierra as it were a gun, than began to run towards Ofc. Sierra.
A dash-mounted, on-board video from a CPD squad car captured video showing “the scene from the perspective of 724R as it approaches the scene and travels south on Wolcott. P.O Sierra is scene[sic] at the curb line of 6230 S. Wolcott where he is discharging his weapon multiple times...” Ofc. Sierra fired 16 rounds from his Sig Sauer, P226, 9mm semi-automatic handgun at Plaintiff. The last three shots were captured on the video, while Plaintiff was laying on his left side in the fetal position. Plaintiff was shot seven (7) times by Ofc. Sierra. The video does not depict Plaintiff running at or toward Ofc. Sierra.
Plaintiff was pronounced dead at the scene. No weapon was found of Plaintiff’s person or in the vicinity. A cell phone was found near Plaintiff’s body. There are no known witnesses to this shooting.
Following this shooting, on September 30, 2011, CPD Superintendant Garry F. McCarthy told the Chicago Tribune editorial board the following: “I’m not gonna defend indefensible behavior, and don’t expect me to. And that’s why we had this issue of so many police-related shootings. There’s probably only one of them that I think is a big problem, and that guy is going to be prosecuted, I’m sure. He’s gonna be tortured down the road. And it’s something that we systematically screwed upon because it’s the fourth shooting this officer has been in, um, I don’t know, in a very short time frame. There were three -- the first three were combat situations, and it’s very -- he's very fortunate to be alive. He shouldn’t have been where he was. We should have had him off the street so that he’s not in a particular environment and that problematic of a scenario.”
Prior to the shooting involving Plaintiff, in the year 2011 alone, Ofc. Sierra was involved in three (3) prior police-related shootings; one or more of these were under review by the City of Chicago Independent Police Review Authority (“IPRA”) at the time of the subject shooting.
Injuries: According to the Report of Postmortem Examination (Case No. 115 June 2011) conducted by Mitra B. Kalelkar, MD of the Office of the Cook County Medical Examiner, Flint Farmer suffered extensive external and internal injuries. Specifically, Dr. Kalelkar identified the following gunshot wounds:
Specials: Medicals: N/A Lost Income: N/A Occupation: N/A
What Each Defendant Paid: City of Chicago ($4,100,000.00), on behalf of the City of Chicago and Ofc. Gildardo Sierra