An avalanche of opposition from the police union’s staunchest City Council allies on Tuesday derailed a $1 million settlement that would have compensated the family of an armed, 26-year-old man who was shot and killed by police in 2019.
“The votes aren’t there,” said Ald. Nick Sposato (38th), who has vowed to do “everything in my power to stop” the settlement to the mother of Sharell Brown.
“This wasn’t a Tyre Nichols situation,” Sposato said, referring to the fatal beating of Nichols by police in Memphis.
“The guy had a gun pointed at the cop. It was a 10-1 scene. Police officer in distress needs help. Are we gonna start saying to cops, ‘You cannot shoot an offender until he pulls the trigger first. If they hit you, then you can defend yourself?’ This is bizarro world as far as policing is concerned.”
The Finance Committee had been scheduled to authorize the $1 million settlement at Tuesday’s meeting, setting the stage for the full Council to vote on Wednesday.
Instead, Finance Chairman Scott Waguespack (32nd) removed the settlement from Tuesday’s agenda to avoid defeat.
Asked whether he had the votes, Waguespack wrote in a text message, “Probably not.”
He added: “I guess there is acceptance of the risk of the larger jury verdict.”
During closed door briefings last week, alderpersons were furious to learn about the city’s six-figure plan to settle the wrongful death lawsuit even though the Civilian Office of Police Accountability did not sustain the family’s allegation that the shooting was “excessive and inappropriate deadly force.”
COPA made that finding after concluding Brown was armed and posed a threat to CPD Officers Robert Rhodes and Joseph Lisciandrello, who stopped him the afternoon of May 11, 2019 because Brown “matched the description of an armed robber.”
In a 2021 summary report on the incident, COPA recommended a 180-day suspension for Lisciandrello, who fired the shots that killed Brown, only because of the shooting officer’s “failure to completely record the incident” on his body-worn camera. The officer ended up with a five-day suspension.
“COPA cannot determine whether [Brown] reasonably appeared to present an imminent risk of great bodily harm to Officer Lisciandrello and whether deadly force was reasonably necessary to eliminate the threat. Therefore, there is insufficient evidence to prove, by a preponderance of the evidence, that Officer Lisciandrello violated department policy,” the report states.
During last week’s briefings, city attorneys justified the $1 million settlement, calling it “fiscally prudent” to avoid a trial that would have required the city to “bring in 15 or 20 people for depositions.”
Disgusted alderpersons didn’t buy that argument.
“We have a recovered weapon. COPA said … Sharell Brown was shot, more than likely, while turning and raising his arm in the direction of the officers, which would support the idea that he was, possibly, turning to fire a recovered weapon at them. Yet, here we are quick to pay out $1 million without even putting up the slightest of fights,” said former mayoral challenger Ray Lopez (15th).
“We have to take a stand. ... Why would any police officer think about trying to apprehend any criminal when they know that the city’s Law Department and this administration will gladly throw you under the bus — even when you’re innocent — so they can pay people off to be quiet? Facts and science be damned just so that people can get their checks.”
Ald. Brian Hopkins (2nd) called the shooting “completely defensible.”
“This five-time convicted felon was armed with a handgun. There’s no way you can argue that it was excessive force. ... We know, at one point, he dropped the magazine from the gun while he was running, which means the gun was not in his pocket. This case needs to go to trial. The facts need to come out. If a jury hears the facts, they will conclude these officers had no choice but to fire at this armed felon,” Hopkins said.
“This individual’s family — while I’m sure they are mourning the loss of their loved one — he, alone is responsible for this tragic incident.”
No such controversy surrounds an $800,000 settlement to the family of a man who was struck and killed by a city employee at O’Hare Airport while standing in a median on his way into a terminal.
The family’s lawsuit accused the city of failing to repair the tow truck’s defective braking system and both the city and the driver of allowing the defective truck to be driven.
