WBEZ | DNA http://www.wbez.org/tags/dna Latest from WBEZ Chicago Public Radio en Indicted police commander suspended from duty 11 times, records show http://www.wbez.org/news/indicted-police-commander-suspended-duty-11-times-records-show-110810 <img typeof="foaf:Image" src="http://llnw.wbez.org/main-images/Evans 1tightcrop_2.jpg" alt="" /><p><p><em>Updated on September 18 at 5:58 p.m.</em></p><p>Cook County prosecutors on Thursday unveiled an indictment of a Chicago police commander who allegedly rammed his pistol into an arrested man&rsquo;s mouth. A grand jury has charged Cmdr. Glenn Evans, 52, with aggravated battery and official misconduct.</p><p dir="ltr">Evans did not speak during the hearing, which took place at the George N. Leighton Criminal Court Building and lasted about 10 minutes.</p><p>On the way out of the courthouse, about two dozen supporters tightly surrounded him to shield him from news reporters and cameras. Those supporters, including Chicago police officers, stuck with him all the way to a waiting SUV that carried him away.</p><p dir="ltr">Evans will plead &ldquo;not guilty,&rdquo; according to his attorney, Laura J. Morask. &ldquo;Cmdr. Evans will not only be exonerated but vindicated,&rdquo; she said. &ldquo;It was a rush to judgment and I think you&rsquo;ll see that.&rdquo;</p><p>City records, meanwhile, show that Evans has been suspended from duty at least 11 times during his 28 years in the police department. Most of the suspensions took place during the first decade of his career, when he worked as a South Side patrol officer, according to the records, obtained by WBEZ through Freedom of Information Act requests.</p><p dir="ltr">The alleged infractions ranged from a missed court appearance to an off-duty &ldquo;domestic altercation.&rdquo; The two longest suspensions, both 15 days, stemmed from excessive-force accusations.</p><p>One of those cases began in 1990, when Evans was assigned to the Gresham police district. A South Side mother allegedly ran afoul of Jackson Park Hospital personnel when she tried to visit her daughter, who was getting treated there after a sexual assault, according to the records.</p><p dir="ltr">Evans helped remove the mother from the hospital. Outside the facility, he allegedly slammed her against police vehicles and delivered punches that left her with a black eye and other injuries.</p><p>Evans later characterized the mother as intoxicated and uncooperative and denied the allegations, according to the records.</p><p dir="ltr" style="text-align: center;"><a href="http://www.wbez.org/tags/glenn-evans" style="text-align: center; margin: 0px; padding: 0px; border: 0px; font-family: Arial, sans-serif; font-size: 13.63636302948px; line-height: 22px; vertical-align: baseline; text-decoration: none; color: rgb(0, 104, 150); outline: 0px;" target="_blank"><strong style="margin: 0px; padding: 0px; border: 0px; font-family: inherit; font-size: inherit; font-style: inherit; font-variant: inherit; line-height: inherit; vertical-align: baseline;">Read all our coverage of Cmdr. Glenn Evans</strong></a></p><p dir="ltr">The other case began in 1994, when Evans suspected a South Side man stole property from the officer&rsquo;s car trunk. Evans, who was off duty, allegedly handcuffed the man, by an ankle and wrist, to a porch rail and beat him with his handgun.</p><p dir="ltr">The encounter left the man with a three-inch head gash and a cerebral concussion, according to the records. Evans denied using excessive force and claimed the man was resisting arrest.</p><p dir="ltr">Those disciplinary actions are among dozens of excessive-force complaints against Evans that city agencies have fielded since he joined the department in 1986. A report by former chief Chicago epidemiologist Dr. Steven Whitman <a href="http://www.wbez.org/news/report-embattled-commander-no-1-excessive-force-complaints-110605">tallied 45 filed through 2008</a>.</p><p dir="ltr">Since 2009, according to the records obtained through the FOIA requests, the city has received at least seven more excessive-force complaints against Evans, lifting the total to at least 52. City investigations have concluded that nearly all were &ldquo;not sustained&rdquo; or &ldquo;unfounded.&rdquo;</p><p dir="ltr">But six federal lawsuits alleging Evans brutality have led to five-figure city settlements. Those payments and related expenses total $282,467, according to a <a href="http://www.wbez.org/news/ousted-commander-leaves-trail-costly-lawsuits-110786">WBEZ review of court filings and city records</a>. Each settlement specifies that the defendants deny wrongdoing.</p><p>Morask, Evans&rsquo; attorney, called the complaints and settlements irrelevant to the criminal proceeding. &ldquo;The only thing that&rsquo;s relevant is what&rsquo;s in this indictment,&rdquo; she said.</p><p>&ldquo;Nobody likes to be arrested,&rdquo; Morask said, referring to the people who have accused Evans of using excessive force. &ldquo;Complaints are just that. They are just complaints.&rdquo;</p><p dir="ltr">At least three other police-brutality lawsuits naming Evans as a defendant are pending. In two, the defendants deny the allegations, according to city filings.</p><p dir="ltr">The third pending lawsuit was <a href="http://www.wbez.org/news/lawsuit-police-commanders-alleged-battery-amounted-torture-110776">brought last week by Rickey J. Williams</a>, a South Side man whose allegations led to the criminal charges, both felonies.</p><p dir="ltr">Evans allegedly put the barrel of his service weapon into Williams&rsquo; mouth on January 30, 2013. Evans also allegedly pressed a Taser into his crotch and threatened to kill him.</p><p dir="ltr">DNA evidence prompted the city&rsquo;s Independent Police Review Authority to&nbsp;recommend in April that Evans be relieved of his police powers. WBEZ <a href="http://www.wbez.org/news/cpd-leaves-commander-post-despite-assault-allegation-dna-match-110581">revealed the Williams case in July</a>.</p><p dir="ltr">But police Supt. Garry McCarthy, backed by Mayor Rahm Emanuel, left Evans in command of the Harrison police district until August 27, when the criminal charges were announced.</p><p>After Thursday&#39;s hearing, Morask criticized both IPRA and Alvarez&rsquo;s office. She said neither has tried to interview Evans about Williams&rsquo; accusation.</p><p>&ldquo;In my experience,&rdquo; said Morask, who worked for years in the State&rsquo;s Attorney&rsquo;s Office, &ldquo;something you always do before a case is charged is you ask the suspect their side of the story.&rdquo;</p><p dir="ltr">The arraignment is scheduled for next Wednesday.&nbsp;</p><p><em><a href="http://www.wbez.org/users/cmitchell-0">Chip Mitchell</a> is WBEZ&rsquo;s West Side bureau reporter. Follow him on Twitter <a href="https://twitter.com/ChipMitchell1">@ChipMitchell1</a> and <a href="https://twitter.com/WBEZoutloud">@WBEZoutloud</a>, and connect with him through <a href="https://www.facebook.com/chipmitchell1">Facebook</a>, <a href="https://plus.google.com/111079509307132701769" rel="me">Google+</a> and <a href="http://www.linkedin.com/in/ChipMitchell1">LinkedIn</a>.</em></p></p> Thu, 18 Sep 2014 00:32:00 -0500 http://www.wbez.org/news/indicted-police-commander-suspended-duty-11-times-records-show-110810 Lawsuit: Police commander's alleged battery amounted to 'torture' http://www.wbez.org/news/lawsuit-police-commanders-alleged-battery-amounted-torture-110776 <img typeof="foaf:Image" src="http://llnw.wbez.org/main-images/Williams presser 3 colors CROP scaled.JPG" alt="" /><p><p dir="ltr" id="docs-internal-guid-f618ffc4-5cd6-35e9-fcc6-8e1ba4b86f98">A man whose brutality complaint led to felony charges against a Chicago police commander took his allegations to federal court Tuesday. Rickey J. Williams, 24, filed a lawsuit that accuses Glenn Evans of &ldquo;torture&rdquo; and says Mayor Rahm Emanuel&rsquo;s administration condoned it.</p><p>The alleged abuse took place after Evans chased Williams into an abandoned South Side building on January 30, 2013. Evans, according to the suit,&nbsp;put a taser to Williams&rsquo;&nbsp;crotch, threatened his life, and inserted his police pistol where it did not belong.</p><p>&ldquo;They took the gun and put it down my throat,&rdquo; Williams says in a video provided by his legal team. &ldquo;They should get punished.&rdquo;</p><p>Williams attended a Tuesday news conference to announce his suit but did not speak.</p><p>The suit cites a lab test that showed Williams&rsquo; DNA on Evans&rsquo; gun. WBEZ revealed that test and an April recommendation by the city&rsquo;s Independent Police Review Authority that the commander be relieved of police powers.</p><p style="text-align: center;"><a href="http://www.wbez.org/tags/glenn-evans" target="_blank"><strong>Read all our coverage of Cmdr. Glenn Evans</strong></a></p><p>Emanuel, who was briefed on the recommendation, and police Supt. Garry McCarthy&nbsp;lauded Evans&rsquo; efforts against crime and left the commander in his post until the Cook County State&rsquo;s Attorney&rsquo;s Office charged him on August 27 with aggravated battery and official misconduct.</p><p>Evans&rsquo; attorney, Laura J. Morask, did not respond to a request for comment about the lawsuit. After the charges were filed, she called the criminal investigation &ldquo;incredibly flawed&rdquo; and said Evans&rsquo; actions were just and lawful.</p><p>Williams&rsquo; attorney, Antonio Romanucci, disputed a claim in a police report that the chase began after Evans&rsquo; spotted Williams holding a gun. Williams was simply standing at a bus stop, &ldquo;not doing anything,&rdquo; Romanucci said.</p><p>Inside the building, according to the lawsuit, Williams did not threaten harm to the commander or anyone else.</p><p>Police reports from the incident did not state that Williams resisted arrest, Cook County prosecutors said after charging Evans.</p><p>The commander &ldquo;battered&rdquo; Williams and threw him to the floor, the lawsuit says.</p><p>&ldquo;More than five&rdquo; officers were present during the alleged abuse, Romanucci said. &ldquo;A couple were holding [Williams] down.&rdquo;</p><p>The suit claims that the city has a &ldquo;widespread practice of failing to discipline&rdquo; officers for excessive force. That practice amounts to a &ldquo;de facto policy,&rdquo; according to the&nbsp;suit, and encourages cops to &ldquo;engage in misconduct with impunity and without fear of official consequences.&rdquo; The misconduct includes &ldquo;coercive interrogation techniques and torture on suspects.&rdquo;</p><p>The lawsuit does not specify an amount of monetary damages sought. Romanucci said the suit&rsquo;s&nbsp;aims extend beyond money and include changing city policies.</p><p>&ldquo;When you have a commander setting the example for [the] rank and file &mdash; that it&rsquo;s OK to do this in order to coerce confessions &mdash; and then, when IPRA recommends discipline, and no discipline is taken, it sends the clearest message across the board to the city of Chicago police officers that [brutality] is OK,&rdquo;&nbsp;Romanucci said.</p><p>Emanuel, in a written statement about the lawsuit, said Evans&rsquo; alleged actions, if they occurred, are &ldquo;deeply disturbing&rdquo; and &ldquo;have no place in our city and are not reflective of the actions and values of the men and women who serve in the Chicago Police Department.&rdquo;</p><p>&ldquo;Our policing philosophy is rooted in community policing and fostering stronger relationships with residents and communities, because we all have a role to play in the safety of our city,&rdquo; Emanuel&rsquo;s statement added.</p><p>Emanuel&rsquo;s role includes hiring, firing and supervising the city&rsquo;s&nbsp;police superintendent.</p><p>A statement from McCarthy about the lawsuit said &ldquo;personnel decisions for exempt-rank officers in the department are mine, and mine alone, whether it&rsquo;s a commander, a deputy chief or a chief.&rdquo;</p><p>At a news conference last week, WBEZ asked Emanuel how he planned to hold McCarthy accountable for promoting Evans to commander and later transferring him to the police district with the city&rsquo;s most homicides&nbsp;&mdash;&nbsp;despite dozens of excessive-force complaints against him over the years. The mayor responded that the public should &ldquo;hold all of us accountable.&rdquo;</p><p>Emanuel then changed the subject to this year&rsquo;s criminal probe of Evans. &ldquo;There were questions that had not been investigated,&rdquo; the mayor said. &ldquo;Once that conclusion was made and the investigation was concluded, actions were taken.&rdquo;</p><p><em><a href="http://www.wbez.org/users/cmitchell-0">Chip Mitchell</a> is WBEZ&rsquo;s West Side bureau reporter. Follow him on Twitter <a href="https://twitter.com/ChipMitchell1">@ChipMitchell1</a> and <a href="https://twitter.com/WBEZoutloud">@WBEZoutloud</a>, and connect with him through <a href="https://www.facebook.com/chipmitchell1">Facebook</a>, <a href="https://plus.google.com/111079509307132701769" rel="me">Google+</a> and <a href="http://www.linkedin.com/in/ChipMitchell1">LinkedIn</a>.</em></p></p> Tue, 09 Sep 2014 18:51:00 -0500 http://www.wbez.org/news/lawsuit-police-commanders-alleged-battery-amounted-torture-110776 Despite excessive-force complaints, police commander maintains support http://www.wbez.org/news/despite-excessive-force-complaints-police-commander-maintains-support-110618 <p><p><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/Evans2verticalCROP.jpg" style="margin: 4px 0px 0px 0px; float: right; height: 307px; width: 300px;" title="Evans, 52, listens to a Harrison District resident Tuesday at a National Night Out event. (WBEZ/Chip Mitchell)" />At least 45 excessive-force complaints against him in less than two decades. At least three five-figure settlements in lawsuits accusing him of misconduct. An ongoing criminal investigation into his alleged assault of an arrestee. And a city agency&rsquo;s recommendation that his police powers be stripped.</p><p>Despite it all, Harrison District&nbsp;Cmdr. Glenn Evans maintains the support of not only Chicago&rsquo;s mayor and police superintendent but many rank-and-file cops and West Side residents. Some of them are expressing hope that Evans&rsquo; aggressive policing style could help combat crime in the district, which has led the city in homicides over the last year.</p><p>That hope was palpable this week during National Night Out, intended to help cops across the country build trust with the communities they patrol. At the Harrison event, a dinner gathering on a high-school ball field near Garfield Park, Evans and other uniformed cops mingled with a small crowd of neighborhood residents while Ald. Jason Ervin (28th Ward) took the microphone.</p><p>&ldquo;I want to thank Cmdr. Glenn Evans for his leadership in the last couple months,&rdquo; Ervin told the gathering.</p><p>Since his transfer to Harrison from a South Side district this March, Evans has also impressed Jimmy Simmons, a retired building contractor who co-facilitates West Humboldt Park community-policing meetings, where neighborhood residents discuss crimes ranging from drug dealing to vandalism. &ldquo;If you set up a meeting with [Evans], he addresses those issues right away,&rdquo; Simmons said. &ldquo;He goes out on the street himself.&rdquo;</p><p>The issue is what <em>happens</em> when Evans goes out on the street.</p><p>Last year in the Grand Crossing District, his previous post, the commander allegedly <a href="http://www.wbez.org/news/cpd-leaves-commander-post-despite-assault-allegation-dna-match-110581">jammed his pistol</a> into the mouth of an arrested man and threatened to kill him. A lab test found that DNA on the gun matched the arrested man.</p><p style="text-align: center;"><a href="http://www.wbez.org/tags/glenn-evans"><strong>Read all our coverage about Cmdr. Glenn Evans</strong></a></p><p>In April, based on the test results, the city&rsquo;s Independent Police Review Authority (IPRA) referred the case to the State&rsquo;s Attorney Anita Alvarez office&rsquo;s&nbsp;for criminal investigation and recommended that Mayor Rahm Emanuel&rsquo;s administration relieve the commander of his police powers pending the outcome of the case, which did not come to light until a WBEZ report last week.</p><p>Evans has also been the subject of at least three lawsuits in which the city has paid plaintiffs almost $190,000 to settle claims of excessive force or other misconduct. One was finalized <a href="http://www.wbez.org/news/report-embattled-commander-no-1-excessive-force-complaints-110605">last year</a>, the others <a href="http://www.chicagoreporter.com/abusing-badge#.U-P2YuNdWSq">in 2009</a></p><p>And, this week, WBEZ obtained a report tallying those 45 <a href="http://www.wbez.org/news/report-embattled-commander-no-1-excessive-force-complaints-110605">excessive-force complaints</a> against Evans between 1988 and 2008. That total put him on top of a list of 1,541 officers for whom the city provided data. Authorities responsible for investigating the complaints found that two warranted disciplinary action.</p><p>Do such numbers prove Evans has abused his badge?</p><p>&ldquo;More likely, this police officer is out there doing good police work and upsetting criminals,&rdquo; said a veteran Chicago patrol officer who has worked under the commander.</p><p>&ldquo;Evans is a very boots-on-the-ground commander,&rdquo; said the officer, who spoke on condition he not be named because he is not authorized to speak to the media. &ldquo;He&rsquo;s unlike a lot of the other commanders I&rsquo;ve ever had an opportunity to work with &mdash; who play to the aldermen or play to other members of the community. He&rsquo;s all about getting crime off the street. If that means going and grabbing people on the corner himself, he&rsquo;s gone and done that.&rdquo;</p><p>&ldquo;So he doesn&rsquo;t expect anything from us that he himself won&rsquo;t go out there and do, and he&rsquo;s shown that, time after time,&rdquo; the officer said.</p><p>G. Flint Taylor, a Chicago attorney who often represents plaintiffs alleging excessive police force, has a different take on those complaints against Evans. &ldquo;He is one of the worst, if not the worst repeater cop, in the history of the city of Chicago,&rdquo; he said.</p><p>Taylor points out that thousands of Chicago cops have been tough on crime without drawing dozens of complaints, like Evans has. &ldquo;He should be fired,&rdquo; he said.</p><p>Rev. Marshall Hatch, the longtime pastor of New Mount Pilgrim Missionary Baptist Church in West Garfield Park, said the Emanuel administration&rsquo;s ability to leave Evans in his post, even after the IPRA recommendation, shows what can happen when the mayor appoints all city officials in charge of police accountability. Those include IPRA&rsquo;s chief administrator, the police superintendent and the Police Board.</p><p>Hatch also voiced concern about the allegations against Evans. &ldquo;If they are substantiated, then you simply can&rsquo;t have that kind of breach of credibility as a commander in a district like this &mdash; where you really have to build police-community relations.&rdquo;</p><p>But the pastor avoided calling for Evans&rsquo; ouster. &ldquo;We want to lend all the support we can to a commander in a district that has so many challenges,&rdquo; Hatch said.</p><p>Evans last week declined to comment on the IPRA case. At the neighborhood gathering this week, the&nbsp;commander&nbsp;would not talk with a reporter about the complaints against him.</p><p>Interviewed at that event, Ervin, the alderman, said he was not taking a stand on whether an officer with Evans&rsquo; record should be stripped of police powers.</p><p>&ldquo;That&rsquo;s ultimately a question that the superintendent has to answer,&rdquo; Ervin said, referring to Supt. Garry McCarthy. &ldquo;I will withhold any judgment until either speaking with him or, if there&rsquo;s an ongoing investigation with the state&rsquo;s attorney, until they announce something or make something definite in relation to this.&rdquo;</p><p>On Thursday, WBEZ asked McCarthy what message it sent to officers to leave Evans in his post after the excessive-force complaints and the recommendation that the commander&rsquo;s police powers be stripped. The superintendent did not answer.</p><p>Earlier this week, a police department spokesman credited Evans for a drop in shootings in Grand Crossing last year but declined to answer questions about McCarthy&rsquo;s handling of the commander. &ldquo;We take any allegations seriously but, as is always the case, we cannot comment on an ongoing investigation,&rdquo; the spokesman wrote.</p><p>Another question is how Evans&rsquo; policing style will go over with West Siders in the long term.</p><p>&ldquo;They won&rsquo;t trust cops who are meant to protect them if cops act as if they are lawless,&rdquo; said Xavier Stewart, 20, a college student who lives in the commander&rsquo;s district and attended the National Night Out event. &ldquo;In this community, where things are kind of bad, you need police [officers] to do their jobs.&rdquo;</p><p>&ldquo;And if they don&rsquo;t do their jobs,&rdquo; Stewart warned, &ldquo;the community will answer back to that and think of it as, &lsquo;Why should I trust cops if they&rsquo;re going to act this way?&rsquo;&rdquo;</p><p><em><a href="http://www.wbez.org/users/cmitchell-0">Chip Mitchell</a> is WBEZ&rsquo;s West Side bureau reporter. Follow him on Twitter <a href="https://twitter.com/ChipMitchell1">@ChipMitchell1</a> and <a href="https://twitter.com/WBEZoutloud">@WBEZoutloud</a>, and connect with him through <a href="https://www.facebook.com/chipmitchell1">Facebook</a>, <a href="https://plus.google.com/111079509307132701769" rel="me">Google+</a> and <a href="http://www.linkedin.com/in/ChipMitchell1">LinkedIn</a>.</em></p></p> Fri, 08 Aug 2014 07:43:00 -0500 http://www.wbez.org/news/despite-excessive-force-complaints-police-commander-maintains-support-110618 Report: Embattled commander No. 1 for excessive-force complaints http://www.wbez.org/news/report-embattled-commander-no-1-excessive-force-complaints-110605 <p><p dir="ltr" id="docs-internal-guid-93192654-a82a-222c-a2eb-64ef1c46f5be"><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/Evans%201tightcrop.jpg" style="margin: 4px 0px 0px 0px; float: right; height: 215px; width: 300px;" title="Evans, a 28-year department veteran, remains in his Harrison District post despite a city agency’s recommendation that his police powers be stripped. (WBEZ/Chip Mitchell)" />An analysis of excessive-force complaints against hundreds of Chicago police officers is raising more questions about a district commander who is under investigation for allegedly assaulting an arrestee.</p><p>The 49-page report, authored by a former Chicago chief epidemiologist, found that Harrison District Cmdr. Glenn Evans had at least 45 excessive-force complaints between January 1988 and December 2008. During those decades, according to the report, Evans had the highest number of complaints among 1,541 officers for whom the city provided data.</p><p>The author, Dr. Steven Whitman, compiled and studied five city datasets listing 13,527 excessive-force complaints for the officers. Whitman, who died last month, finished the analysis in 2010 for a lawsuit against one of the cops. The report, obtained by WBEZ, has remained out of public view.</p><p><a href="http://peopleslawoffice.com/about-civil-rights-lawyers/attorney-staff-bios/flint-taylor/">G. Flint Taylor</a>, a partner at the People&rsquo;s Law Office, said the Whitman analysis showed something about Evans that he and his colleagues had long suspected. &ldquo;He&rsquo;s one of the worst [excessive-force] repeater cops in the history of the city of Chicago,&rdquo;&nbsp;Taylor said.&nbsp;&ldquo;He should be fired.&rdquo;</p><p>WBEZ last week revealed an April <a href="http://www.wbez.org/news/cpd-leaves-commander-post-despite-assault-allegation-dna-match-110581">recommendation by the city&rsquo;s Independent Police Review Authority</a> that Evans be stripped of police powers. In that case, Evans allegedly jammed his police pistol into an arrestee&rsquo;s mouth and threatened to kill him. A test found that DNA evidence on the gun matched the arrestee, Rickey J. Williams, 24.</p><p>IPRA also referred the case to Cook County State&rsquo;s Attorney Anita Alvarez&rsquo;s office for criminal investigation.</p><p>Chicago Mayor Rahm Emanuel did not respond to questions about his administration&rsquo;s handling of Evans in light of the Whitman report. Last week an Emanuel spokesman said the mayor would not comment on the IPRA recommendation because that investigation was ongoing.</p><p style="text-align: center;"><a href="http://www.wbez.org/tags/glenn-evans"><strong>Read all our coverage about Cmdr. Glenn Evans</strong></a></p><p>A spokesman for police Supt. Garry McCarthy, questioned Monday about the Whitman report, wrote that the police department takes any allegations seriously but cannot comment on an ongoing investigation.</p><p>The McCarthy spokesman, Martin Maloney, also lauded Evans, a 28-year department veteran. &ldquo;Throughout his career, Cmdr. Glenn Evans has reduced crime and violence for the communities he has served,&rdquo; Maloney wrote, crediting Evans for improvements in a South Side district he commanded until March.</p><p>&ldquo;Under Cmdr. Evans&rsquo; leadership, the 3rd District had 80 fewer shootings last year than in 2012, the second largest decline in the city,&rdquo; Maloney wrote.</p><p>That praise sounds familiar to Taylor, who has filed lawsuits about Jon Burge, a former Chicago police commander imprisoned for lying about torture. &ldquo;In the police department&rsquo;s view, he was effective,&rdquo; Taylor said. &ldquo;At the same time, he was torturing over 100 African-American men.&rdquo;</p><p>&ldquo;There are many proactive cops in high-crime areas that do not rack up a fraction of the complaints that Evans and the other bad guys have,&rdquo; Taylor said.</p><p>Authorities responsible for investigating the Evans complaints in the Whitman report found that two warranted disciplinary action. That gave Evans a 4.4 percent rate of complaints sustained, compared to a 3.0 percent average for all the officers in the report.</p><p>Evans has also been the subject of at least three lawsuits in which the city has paid plaintiffs to settle claims of excessive force or other misconduct.</p><p>In one of those settlements, finalized last December, the city agreed to pay $71,000 to Chicago resident Chas Byars Sr., who accused Evans of grabbing his infant son&rsquo;s car seat so forcefully during an arrest that the baby fell out and hit his head on a table. Neither the city nor Evans admitted wrongdoing.</p><p>Evans did not return WBEZ calls on Monday. Reached last week about the Williams case, the commander declined to comment.</p><p>Some <a href="http://www.wbez.org/news/despite-excessive-force-complaints-police-commander-maintains-support-110618">rank-and-file officers and community members have praised Evans</a> as a hard-working cop and attentive commander.<br />&nbsp;</p><p><em><a href="http://www.wbez.org/users/cmitchell-0">Chip Mitchell</a> is WBEZ&rsquo;s West Side bureau reporter. Follow him on Twitter <a href="https://twitter.com/ChipMitchell1">@ChipMitchell1</a> and <a href="https://twitter.com/WBEZoutloud">@WBEZoutloud</a>, and connect with him through <a href="https://www.facebook.com/chipmitchell1">Facebook</a>, <a href="https://plus.google.com/111079509307132701769" rel="me">Google+</a> and <a href="http://www.linkedin.com/in/ChipMitchell1">LinkedIn</a>.</em></p></p> Tue, 05 Aug 2014 16:44:00 -0500 http://www.wbez.org/news/report-embattled-commander-no-1-excessive-force-complaints-110605 CPD leaves commander in post despite assault allegation, DNA match http://www.wbez.org/news/cpd-leaves-commander-post-despite-assault-allegation-dna-match-110581 <p><p><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/mugs%20combined.JPG" style="margin: 4px 0px 0px 0px; float: right; height: 195px; width: 300px;" title="A complaint says Evans, right, jammed his police pistol into the mouth of Rickey J. Williams, left. (Photos from IDOC and CPD)" />Chicago Mayor Rahm Emanuel&rsquo;s administration is leaving a West Side police commander in his post despite an April recommendation by the city&rsquo;s Independent Police Review Authority that his police powers be stripped.</p><p>The recommendation followed a DNA test bolstering a complaint that Harrison District Cmdr. Glenn Evans, 52, assaulted a South Side arrestee.</p><p>The complaint, according to sources close to the case, alleges that Evans threatened to kill Rickey J. Williams, 24, and jammed his police pistol into the man&#39;s mouth. The sources spoke on condition they not be identified because they are not authorized to speak with the media.</p><p>The DNA test, described in an April 17 <a href="http://www.scribd.com/doc/235513963/Evans-ISP-Lab-Report">laboratory report</a> from the Illinois State Police, found that material swabbed from the weapon &ldquo;matches the DNA profile&rdquo; of Williams.</p><p>IPRA, the city agency that investigates complaints of excessive police force, referred the case to Cook County State&rsquo;s Attorney Anita Alvarez&rsquo;s office for criminal investigation. An Alvarez spokesperson said the office is &ldquo;not in a position at this time to make any public comment about the case.&rdquo;</p><p style="text-align: center;"><strong><a href="http://www.wbez.org/tags/glenn-evans">Read all our coverage about Cmdr. Glenn Evans</a></strong></p><p>Spokespersons for police Supt. Garry McCarthy and Mayor Emanuel said they would not comment on the complaint because of the ongoing investigations.</p><p>The incident took place January 30, 2013, near the corner of East 71st Street and South Eberhart Avenue, according to a police report about the arrest. Evans, a commander who takes pride in patrolling the streets, was on duty in Grand Crossing, a South Side district he commanded at the time.</p><p>Evans spotted Williams with a blue-steel handgun in his pocket and chased the man on foot into an abandoned building, according to the arrest report. At least two other officers joined Evans on the scene.</p><p>Williams&rsquo; complaint, as described by the sources, alleges that a taser gun was pressed into his crotch while Evans held the police pistol in his mouth.</p><p>Reached by WBEZ, Evans declined to comment.</p><p>Vincent L. Jones, an IPRA investigator on the case, declined to comment or provide a copy of the complaint.</p><p>After the arrest, police and fire personnel searched the area but did not find the gun Williams allegedly possessed, according to another source close to the investigation.</p><p>Neither Evans nor the assisting officers filed a tactical response report as required when unusual force is used.</p><p>Williams was charged with misdemeanor reckless conduct. Months later, according to court records, officials dropped the charge when Williams demanded a trial.</p><p>Williams could not be reached for comment. Illinois is holding him in Pontiac Correctional Center, a downstate prison, for offenses unrelated to his encounter with Evans. Williams&rsquo; record includes felony convictions for possessing marijuana and violating electronic-monitoring terms.</p><p>As Williams began his prison sentence, IPRA&rsquo;s investigation of Evans continued. Based on the lab results, the agency sent a memo to McCarthy, the police superintendent. The memo, signed by IPRA Chief Administrator Scott Ando, points to the DNA match and recommends that the police department relieve Evans of his police powers and &ldquo;evaluate&rdquo; the commander&rsquo;s assignment.</p><p>Ando did not answer WBEZ questions about the case. His spokesman said IPRA could not comment because the investigation is ongoing.</p><p>Evans has been the subject of several lawsuits alleging excessive force or other misconduct. Those suits have led to at least <a href="http://www.chicagoreporter.com/abusing-badge#.U9ncP-NdWSp">two settlement payouts</a> by the city.</p><p>Evans is also among 662 Chicago officers with more than 10 misconduct complaints during the five years that ended in May 2006, according to <a href="http://the.invisible.institute/police-data/">long-sought records</a> the city released Tuesday. During that period, Evans had 14 complaints, none of which resulted in discipline.</p><p>Many <a href="http://secondcitycop.blogspot.com/2012/08/command-changes.html">rank-and-file officers</a> and some <a href="http://www.dnainfo.com/chicago/20140321/chatham/garry-mccarthy-tells-angry-crowd-why-he-changed-3rd-district-commander">community members</a> have called Evans&rsquo; policing style appropriate for the tough districts in which he has served. <a href="http://chicago.cbslocal.com/2013/01/01/superintendent-mccarthy-assists-in-arrest-on-west-side/">McCarthy himself</a> has praised Evans&rsquo; work repeatedly.</p><p><em><a href="http://www.wbez.org/users/cmitchell-0">Chip Mitchell</a> is WBEZ&rsquo;s West Side bureau reporter. Follow him on Twitter <a href="https://twitter.com/ChipMitchell1">@ChipMitchell1</a> and <a href="https://twitter.com/WBEZoutloud">@WBEZoutloud</a>, and connect with him through <a href="https://www.facebook.com/chipmitchell1">Facebook</a>, <a href="https://plus.google.com/111079509307132701769" rel="me">Google+</a> and <a href="http://www.linkedin.com/in/ChipMitchell1">LinkedIn</a>.</em></p></p> Thu, 31 Jul 2014 00:01:00 -0500 http://www.wbez.org/news/cpd-leaves-commander-post-despite-assault-allegation-dna-match-110581 Morning Shift: Some have to work harder to want to workout http://www.wbez.org/programs/morning-shift-tony-sarabia/2014-01-15/morning-shift-some-have-work-harder-want-workout <img typeof="foaf:Image" src="http://llnw.wbez.org/main-images/Cover Flickr sun dazed.jpg" alt="" /><p><p>Dr. Tim Lightfoot explains how some of us are genetically predisposed to skip a workout. Writer and urbanist Richard Florida breaks down the states in terms of physical fitness. And, Otaak Band puts a Sudanese spin on belting the blues.&nbsp;</p><div class="storify"><iframe src="//storify.com/WBEZ/morning-shift-some-have-to-work-harder-to-want-to/embed?header=false" width="100%" height=750 frameborder=no allowtransparency=true></iframe><script src="//storify.com/WBEZ/morning-shift-some-have-to-work-harder-to-want-to.js?header=false"></script><noscript>[<a href="//storify.com/WBEZ/morning-shift-some-have-to-work-harder-to-want-to" target="_blank">View the story "Morning Shift: Some have to work harder to want to workout" on Storify</a>]</noscript></div></p> Wed, 15 Jan 2014 10:19:00 -0600 http://www.wbez.org/programs/morning-shift-tony-sarabia/2014-01-15/morning-shift-some-have-work-harder-want-workout Cook County will collect DNA swabs at jail http://www.wbez.org/news/cook-county-will-collect-dna-swabs-jail-107519 <img typeof="foaf:Image" src="http://llnw.wbez.org/main-images/scotus_flickr_markFischer.jpg" alt="" /><p><p>Cook County Sheriff Tom Dart says his department will start collecting DNA swabs from suspects in jail for serious crimes, including murder and sexual assault, after a U.S. Supreme Court decision cleared the way for police to take the samples.</p><p>Dart says swabs from people indicted for murder, home invasion and various sex crimes will start being collected July 1. They&#39;ll be submitted to the state police&#39;s crime labs for inclusion in a database. The department says at least 1,000 swabs will be collected from inmates now in the Chicago jail.</p><p>He says a state law passed last year allows the collection of DNA swabs from jail inmates, but he waited until the high court ruled on the issue.</p><p>That ruling was handed down Monday.</p><p>The sharply divided Supreme Court cleared the way for police to take a DNA swab from anyone they arrest for a serious crime, endorsing a practice now followed by more than half the states as well as the federal government.</p><p>The justices differed strikingly on how big a step that was.</p><p>&quot;Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment,&quot; Justice Anthony Kennedy wrote for the court&#39;s five-justice majority. The ruling backed a Maryland law allowing DNA swabbing of people arrested for serious crimes.</p><p>But the four dissenting justices said the court was allowing a major change in police powers, with conservative Justice Antonin Scalia predicting the limitation to &quot;serious&quot; crimes would not last.</p><p>&quot;Make no mistake about it: Because of today&#39;s decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason,&quot; Scalia said in a sharp dissent which he read aloud in the courtroom. &quot;This will solve some extra crimes, to be sure. But so would taking your DNA when you fly on an airplane &mdash; surely the TSA must know the &#39;identity&#39; of the flying public. For that matter, so would taking your children&#39;s DNA when they start public school.&quot;</p><p>Maryland Attorney General Doug Gansler agreed that there&#39;s nothing stopping his state from expanding DNA collection from those arrested for serious crimes to those arrested for lesser ones like shoplifting.</p><p>&quot;I don&#39;t advocate expanding the crimes for which you take DNA, but the legal analysis would be the same,&quot; Gansler said. &quot;The reason why Maryland chooses to only take DNA of violent criminals is that you&#39;re more likely to get a hit on a previous case. Shoplifters don&#39;t leave DNA behind, rapists do, and so you&#39;re much more likely to get the hit in a rape case.&quot;</p><p>Twenty-eight states and the federal government now take DNA swabs after arrests. But a Maryland court said it was illegal for that state to take Alonzo King&#39;s DNA without approval from a judge, ruling that King had &quot;a sufficiently weighty and reasonable expectation of privacy against warrantless, suspicionless searches&quot; under the Fourth Amendment to the Constitution.</p><p>The high court&#39;s decision reverses that ruling and reinstates King&#39;s rape conviction, which came after police took his DNA during an unrelated arrest.</p><p>Kennedy, who is often considered the court&#39;s swing vote, wrote the decision along with conservative-leaning Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas. They were joined by liberal-leaning Justice Stephen Breyer, while the dissenters were the conservative-leaning Scalia and liberal Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan.</p><p>Kennedy called collecting DNA useful for police in identifying individuals.</p><p>&quot;The use of DNA for identification is no different than matching an arrestee&#39;s face to a wanted poster of a previously unidentified suspect, or matching tattoos to known gang symbols to reveal a criminal affiliation, or matching the arrestee&#39;s fingerprints to those recovered from a crime scene,&quot; Kennedy said. &quot;DNA is another metric of identification used to connect the arrestee with his or her public persona, as reflected in records of his or her actions that are available to police.&quot;</p><p>But the American Civil Liberties Union said the court&#39;s ruling created &quot;a gaping new exception to the Fourth Amendment.&quot;</p><p>&quot;The Fourth Amendment has long been understood to mean that the police cannot search for evidence of a crime &mdash; and all nine justices agreed that DNA testing is a search &mdash; without individualized suspicion,&quot; said Steven R. Shapiro, the group&#39;s legal director. &quot;Today&#39;s decision eliminates that crucial safeguard. At the same time, it&#39;s important to recognize that other state laws on DNA testing are even broader than Maryland&#39;s and may present issues that were not resolved by today&#39;s ruling.&quot;</p><p>Maryland&#39;s DNA collection law only allows police to take DNA from those arrested for serious offenses such as murder, rape, assault, burglary and other crimes of violence. In his ruling, Kennedy did not say whether the court&#39;s decision was limited to those crimes, but he did note that other states&#39; DNA collection laws differ from Maryland&#39;s.</p><p>Scalia saw that as a crucial flaw. &quot;If you believe that a DNA search will identify someone arrested for bank robbery, you must believe that it will identify someone arrested for running a red light,&quot; he said.</p><p>Scott Berkowitz, president and founder of the Rape, Abuse and Incest National Network, cheered the decision and called DNA collection &quot;a detective&#39;s most valuable tool in solving rape cases.&quot;</p><p>&quot;We&#39;re very pleased that the court recognized the importance of DNA and decided that, like fingerprints, it can be collected from arrestees without violating any privacy rights,&quot; he said. &quot;Out of every 100 rapes in this country, only three rapists will spend a day behind bars. To make matters worse, rapists tend to be serial criminals, so every one left on the streets is likely to commit still more attacks. DNA is a tool we could not afford to lose.&quot;</p><p>Getting DNA swabs from criminals is common. All 50 states and the federal government take cheek swabs from convicted criminals to check against federal and state databanks, with the court&#39;s blessing. The fight at the Supreme Court was over whether that DNA collection could come before conviction and without a judge issuing a warrant.</p><p>According to court documents, the FBI&#39;s Combined DNA Index System or CODIS &mdash; a coordinated system of federal, state and local databases of DNA profiles &mdash; already contains more than 10 million criminal profiles and 1.1 million profiles of those arrested. According to the FBI, the DNA samples from people whose charges have been dismissed, who have been acquitted or against whom no charges have been brought are to be expunged from the federal system. But states and other municipalities that collect DNA make their own rules about what happens to their collections.</p><p>In the case before the court, a 53-year-old woman was raped and robbed but no one was arrested. Almost six years later, Alonzo King was arrested and charged with felony second-degree assault in a separate case. Relying on the Maryland law that allows warrantless DNA tests following some felony arrests, police took a cheek swab of King&#39;s DNA, which matched a sample from the 2003 Salisbury rape. King was convicted of rape and sentenced to life in prison.</p><p>King eventually pleaded guilty to a lesser charge of misdemeanor assault from his arrest, a crime for which Maryland cannot take warrantless DNA samples. The state court said King&#39;s rights therefore had been violated when the state took his DNA based on that arrest alone.</p><p>Maryland stopped collecting DNA after that decision, but Roberts allowed police to keep collecting DNA samples pending the high court&#39;s review.</p><p>The case is Maryland v. King, 12-207.</p></p> Tue, 04 Jun 2013 10:41:00 -0500 http://www.wbez.org/news/cook-county-will-collect-dna-swabs-jail-107519 Unknown Gacy victim identified http://www.wbez.org/story/unknown-gacy-victim-identified-94420 <p><p>New DNA evidence has helped Cook County investigators identify another victim of serial killer John Wayne Gacy.</p><p>Cook County Sheriff Tom Dart announced Tuesday that William George Bundy has been positively identified as one of Gacy's victims. Bundy was reported missing in 1976, and was possibly lured to Gacy with the promise of construction work.&nbsp; He was 19 at the time of his murder.</p><p>Bundy had previously been identified as Victim #19 - the nineteenth body to be removed from the crawlspace beneath Gacy's Northwest Side home, three days after Christmas in 1978.</p><p>Two of Bundy's surving siblings submitted to DNA tests after Dart's office launched a national campaign in October to put names to eight of Gacy's unidentified victims. Investigators had exhumed remains from each of the victims, and were looking for family members who could help make a DNA match. DNA from the cheek of Bundy's siblings helped positively identify him as a victim, Dart said.</p><p>"I know that the sorrow will eventually go away, and I'll have a place to visit him," said Laura O'Leary, Bundy's sister.</p><p>Bundy was a talented gymnast with lots of friends and female admirers, O'Leary said. She last saw him in 1976, when he left home to go to a party but never returned.</p><p>Twenty-six of Gacy's 33 victims have now been identified.</p><p>In October investigators discovered that 53-year-old Harold Wayne Lovell, thought to have been a Gacy victim, is alive and has been living in Florida.</p><p>Gacy was executed in 1994 for the murders.</p></p> Tue, 29 Nov 2011 16:38:00 -0600 http://www.wbez.org/story/unknown-gacy-victim-identified-94420 1982 Tylenol Poisonings and the Unabomber? http://www.wbez.org/story/1982-tylenol-poisonings-and-unabomber-86803 <img typeof="foaf:Image" src="http://llnw.wbez.org/archives/images/cityroom/848_20090206a_large.png" alt="" /><p><p>The FBI and Chicago area police are turning their attention back to the unsolved 1982 Tylenol killings. The crimes left seven people in and around Chicago dead after the victims unknowingly took Tylenol poisoned with potassium cyanide. DNA samples are being sought from numerous potential suspects, including Ted Kaczynski, otherwise known as the Unabomber.</p><p>Chicago FBI spokesperson Ross Rice says new technology could yield new insight. "There've been tremendous strides as you know in forensic evidence since 1982. We have new investigators that are looking into interviews that were conducted, witness statements and just trying to determine if this case can be brought to its conclusion," he said.</p><p>The Unabomber has so far declined to voluntarily give samples of his DNA for the case, according to FBI spokeswoman Cynthia Yates.<br> &nbsp;</p></p> Thu, 19 May 2011 22:22:00 -0500 http://www.wbez.org/story/1982-tylenol-poisonings-and-unabomber-86803 Exonerated fathers: abolish death penalty in Illinois http://www.wbez.org/story/death-penalty/exonerated-fathers-illinois-should-put-end-death-penalty <p><p>A pair of Illinois men who were charged with killing their daughters but were cleared by DNA evidence said the state should put an end to the death penalty.<br />&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;<br />The <em>Chicago Sun-Times </em>reported that Kevin Fox and Jerry Hobbs said it should be required in murder cases to promptly test DNA in private laboratories. Hobbs said there were &quot;too many gaps in the system itself.&quot;<br />&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;<br />A bill to abolish the death penalty in Illinois awaits the signature of Gov. Pat Quinn.<br />&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;<br />Hobbs spent five years in jail for the murders of his daughter and her friend. Kevin Fox spent eight months in jail in the death of his daughter Riley Fox. Both were cleared by DNA evidence.</p></p> Sun, 16 Jan 2011 16:18:00 -0600 http://www.wbez.org/story/death-penalty/exonerated-fathers-illinois-should-put-end-death-penalty