Handgun Slide Appears Locked Open By Empty Magazine When Recovered At Scene Where Adam Toledo, 13, Was Fatally Shot By Chicago Cop Eric Stillman While Having His Hands Up

Chicago cop fatally shot 13-year-old teen while his hands were up, according to the officer's body camera footage released by Chicago police.

By H. Nelson Goodson

Hispanic News Network U.S.A.

April 16, 2021

Chicago, Illinois - The Chicago Police Department released the full Police Officer Eric Stillman, 34, body camera footage of the March 29th shooting incident at the 2300 block of S. Sawyer Ave. (alley), which showed Stillman chasing Adam Toledo, 13, who has a 9mm Ruger handgun in his right hand in an alley. Officer Stillman orders Toledo to stop and to show him his hands, as fractions of second passed, Toledo tossed the weapon behind a fence and turns around with his hands up facing the officer and then Officer Stillman discharged a single gunshot striking Toledo in the chest. Toledo died at the scene from the fatal gunshot.

Toledo's weapon could been seen behind the fence as Officer Stillman walks to it and shined his flashlight to it. The handgun is leaning upside down on the fence and it appears that the slide on the handgun is locked open indicating that the empty magazine of the gun locked it open.

Toledo's family attorney Adeena Weiss-Ortiz confirmed that the handgun recovered about ten feet from Toledo's body had an empty magazine and the gun slide was locked open due to an empty magazine.

Chicago police have confirmed that officers were responding to a shots fire spotter in the area and saw Toledo and another suspect, Ruben Roman Jr., 21, flee from the scene.

Both Toledo and Roman Jr. were allegedly shooting multiple gunshots at a passing vehicle, according to police. Toledo's hand had gunshot residue. 

Toledo and Roman Jr. are alleged members of the Latin Kings gang in Chicago.

Roman Jr. was charged with multiple felony charges for reckless discharge of a firearm, unlawful use of a weapon by a felon, child endangerment and violation of probation. 

If convicted, Roman Jr. is facing up to 3 years in prison and up to $25,000 in fines for discharging a fire, up to 5 years maximum sentence in prison for unlawful use of a weapon by felon or up to 14 years in prison, if charged and convicted for a second time for felon use of a weapon and up to one year in prison and up to $2,500 in fines for misdemeanor charge for child endangerment, violating probation could impose previous sentencing prison time remaining for either a previous misdemeanor or felony conviction.

It is not clear, if Officer Stillman will be facing any criminal charges for fatally shooting an unarmed teen while having his hands up.

According to the Chicago Police Department, Officer Stillman has four complaints of inappropriate conduct and three for using excessive force.

In 2017 in Milwaukee, WI, former Milwaukee Police Officer Dominique Heaggan-Brown was found not guilty in the homicide of Sylville K. Smith who was fatally shot on August 2016 while unarmed by Heaggan-Brown. Smith was chased by then Officer Heaggan-Brown and when Smith tossed his weapon over the fence to surrender, Heaggan-Brown fatally shot him as he turned around to face the officer. 

A Police instructor testified in a Milwaukee County Circuit Court that Heaggan-Brown was trained to shoot until the threat was eliminated, despite a suspect being  unarmed because he could be armed. Heaggan-Brown who is gay was later convicted for sexually assaulting a male victim.