Ten
days after a Springfield police officer shot and killed a mentally ill man, the
department still has not released video footage that could show what happened.
In
a response to a records request made Jan. 25 by Illinois Times, the department today said that it needs additional
time to consider whether it should release video footage and other records
pertaining to the case.
Under
Illinois law, public bodies have five business days to respond to requests for
records. In limited circumstances, agencies can extend the deadline by five
days, and that’s what Springfield police have done in response to the newspaper’s
request for video footage and other records pertaining to the fatal shooting of
Daniel Rogers on Jan. 23 as well as William Geiser in 2008.
Officer
John Shea shot both men, who have been described as mentally ill. In the most
recent case, police have said that Rogers, who had been throwing objects at cars,
struggled with Shea when the officer attempted to arrest him. Department
officials say that Shea suffered facial fractures during the fatal altercation
with Rogers. Police say that Geiser had lunged at an officer with a steak knife
when Shea pulled the trigger eight years ago.
Shea
was wearing a body camera when he shot Rogers, department officials have said. In
addition to video footage, Illinois Times has requested a copy of any so-called Garrity statement that Shea made after
the shooting. Garrity statements are routinely made by officers involved in
shootings. Officers are required to tell the truth in Garrity statements aimed
at determining whether shootings were justified, but prosecutors cannot use such
statements in court if criminal charges are filed. Officers who refuse to give
Garrity statements or who are not truthful when providing such statements are
subject to discipline that can include termination.
The
newspaper has also requested a copy of any Garrity statement made by Shea in
connection with the death of Geiser in 2008 as well as copies of documents
pertaining to any use of deadly force by Shea during his employment as a
Springfield police officer. The paper also has asked for copies of any
commendations won by Shea as well as copies of documents connected to any
allegation of wrongdoing against him.
Illinois
State Police are investigating the Rogers shooting. Under state law, police
agencies cannot withhold records simply because an investigation is pending.
Rather, police seeking to withhold a record must show that release would result
in actual harm, such as interfering with an investigation, endangering someone
or hampering a law enforcement proceeding.
In
its response to the newspaper’s request for video footage and other records,
Springfield police said they need more time to answer the request because the
request requires an “extensive search” for documents as well as the collection
of a substantial number of documents. The department also says that it needs
more time because the requested records must be reviewed to determine whether they
are exempt from disclosure.
Ward 9 Ald. Jim Donelan said that he hasn’t heard from constituents who have concerns about the shooting. He said that the event “needs to be investigated and given its due process.”
“I feel for the officer involved — it’s obviously a very traumatic situation,” Donelan said. “I feel for the family involved. It’s an unfortunate event.”
Ward 8 Ald. Kris Theilen said that his biggest concern is a thorough investigation. He said he’s relying on Illinois State Police and Sangamon County State’s Attorney John Milhiser to decide what to release and when. Like Donelan, Theilen said that he hasn’t been hearing from constituents about the shooting.
“I don’t want anyone thrown under the bus unfairly,” Theilen said. “I can’t get in the middle of this investigation.”
Ward 2 Ald. Herman Senor said that the shooting and video footage is “at the top of my radar.”
“We’re waiting for instructions from the mayor as to when he’s going to get with the police chief and have that released,” Senor said.
Contact Bruce Rushton
at brushton@illinoistimes.com
This article appears in Feb 2-8, 2017.
