Villa Park Cop Justified In Shooting: Prosecutor

Elmhurst IL

23 August, 2021

12:37 PM

Description

VILLA PARK, IL — A Villa Park police officer was justified in fatally shooting a Lombard resident after receiving a report that someone was outside with a gun, DuPage County State's Attorney Robert Berlin said in a statement Monday. The resident was identified as 25-year-old Haven Bailey, a transgender man. About 2 a.m. May 24, a dispatcher got a call from Bailey, who described the person with a gun as white and in a suit and tie. Bailey said the gun looked like a pistol and that the person was in the 200 block of Kenilworth Avenue. Sgt. Jose Pagan and another officer were the first to arrive. They heard what they believed was a fence or door swing open near the front of the house and saw a person, later determined to be Bailey, standing on the east side of the house, Berlin said. He had a black handgun, later identified as a CO2 pellet-style gun, in his right hand, Berlin said. The officers told him, "Drop the gun," and "Please put the gun down, please put the gun down," according to the statement. He did not do so, police said. Berlin said that at one point, Pagan tried to de-escalate the situation by saying, "What's your name, Bud? What's going on with you?" He then said, "Come over here." As Bailey approached Pagan with the gun in hand, Pagan repeatedly said, "Drop the gun," police said. Bailey then raised the gun and pointed it at Pagan, Berlin said. Pagan fired his gun four times, once in Bailey's right chest and three times in the abdomen, police said. Paramedics arrived and took Bailey to Good Samaritan Hospital, where Bailey was pronounced dead at 4:29 a.m. Under the law, State's Attorney Berlin said, officers can shoot if they reasonably believe that someone poses an imminent threat of death or great bodily harm. In the Villa Park case, Pagan reasonably believed that Bailey was trying to shoot him or other officers because Bailey refused to drop his gun, Berlin said. The investigation found that as Pagan attended to Bailey after the shooting and asked Bailey why he didn't drop the gun, he said, "I wanna die." The inquiry also uncovered text messages sent by Bailey three minutes before the 911 call showing Bailey wearing a dark shirt and tie and a message that read in part, "I'm sorry in advance..." Investigators also learned Bailey told a family member about "suicide by cop" a month before his death. "(T)he evidence is clear that Haven Bailey called 911 and reported a 'person with a gun' with the intent of committing suicide by provoking the police into using deadly force against himself," Berlin said. "It is indeed heartbreaking when a loved one meets an untimely death. The sad truth in the tragic death of Haven Bailey, however, is that Haven saw suicide as the only way to find true peace." Berlin said every case of deadly force used by an officer must be carefully investigated. "Such scrutiny is required to ensure the protection of the civil rights of those involved and to maintain the public's confidence in law enforcement," he said. The National Suicide Prevention Lifeline is an important resource for those who are having thoughts of suicide or people concerned for a loved one. The Lifeline provides free, 24/7 confidential support at 1-800-273-8255. The Lifeline is committed to advancing suicide prevention, along with improving crisis services.