CHI Seeks to Settle Antwon Golatte Case for $525k: After Unlawful Stop Cops Detained Black Man for No Reason @ Gun Point, Shot Him as He Fled and Lied About It to Falsely Incarcerate and Prosecute

From [HERE] More than three years after the city’s police oversight agency ruled officers were not justified when they shot Antwon Golatte during a traffic stop in 2015, the city is on the verge of settling his excessive force lawsuit.

The City Council Finance Committee is scheduled to consider a $525,00 settlement of Golatte’s case during its next meeting on Monday. 

Golatte filed a federal lawsuit against the city in February 2017, accusing the officers who shot him of using excessive force.

The officers claimed Golatte tried to run them down after he was pulled over in the 300 block of West 115th Street, but the bullet holes in his car were all in the rear, and Golatte was acquitted of aggravated assault charges.

Golatte said he was out running errands at the time when police pulled him over. He claimed the trouble began when backup arrived, and he recognized them as officers who had stopped him two days earlier, dumped his pizza on the ground, and forced him to stand barefoot in the snow while they searched his car.

“Then when I see their faces, I knew who they was. Fear came automatically,” he said at the time he filed his lawsuit in 2017.

Golatte said he called 911, angering the officers, who began swearing and pointing their guns at him. He said he remained calm until one of them smashed the driver’s side window of his car.

According to a motion filed by Golatte:

“Officers Dercola and Whigham curbed Golatte’s vehicle, though neither observed him perform a hand-to-hand narcotics transaction or do anything illegal. (Id. at ¶11). Golatte immediately handed them his license and insurance. (Id. at ¶10). Dercola was at Golatte’s window for less than 2 minutes before Matheos arrive on the scene. (Id. at ¶¶13-14). Dercola never told Golatte he was under arrest or that the was being detained. (Id. at ¶13). Gaeta could clearly see inside Golatte’s vehicle and did not see any weapons, drugs or paraphernalia. (Id. at ¶15). Matheos could make out Golatte’s facial features, where his hands were, and everything inside the vehicle. (Id. at ¶16). The officers did not suspect Golatte was drunk, high, nor did they ever state they feared for their safety.

Though Golatte’s driver’s side window was down to be able to communicate with the officers, Gaeta got on the running board of Golatte’s vehicle to “calm him down.” (Plt.’s Ex. DD 215:2-3) Gaeta tried to force Golatte’s window down (Plt.’s R. SOF ¶42) placed two hands on his driver’s side window, broke it, and glass shattered in Golatte’s face. (SOFA ¶19) Gaeta and Matheos pointed their guns at him. (Id.) Scared and fearful for his life, (Plt.’s Ex. EE 135:20-22) Golatte was left with only one option, getting to safety. After noticing there were no officers in front of him, Golatte backed up, drove forward. (SOFA ¶¶20-21). Golatte tried to drive around Harry and Jaime's Ford Explorer. (Id. at ¶26). Gaeta does not recall saying anything before he fired his weapon, but (Id. at ¶25) as Golatte left the parking spot he and Matheos shot at him as he passed. (Id. at ¶21). Dercola and Whigham both testified that as the car was coming forward, no one was directly in front of Golatte's vehicle. (Plt.’s Resp. to SOF ¶7, herein Plt.’s R. SOF, Id. at ¶45). After being shot, Golatte was rushed to Christ Hospital. At his deposition, Dr. Doherty, Golatte’s ER surgeon, testified that Golatte was shot in the left flank, the region between the lower part of the ribcage and the crest of the pelvis. (Id. at ¶24). There was not a single bullet or gunshot holes in Golatte’s front windshield. (SOFA ¶22).

The four officers provided information that was used to complete reports with the Chicago Police Department; (Id. at ¶27) provided false information that was used by the Cook County State’s Attorney’s Office and Court System; (Id. at ¶28); spoke with Detective Calassare and gave him information to testify before the Grand Jury on March 23, 2015; (Id. at ¶29) gave testimony about Golatte to the authorities at IPRA; gave testimony about Golatte to the Presiding Judge at Golatte’s his criminal; (Id. at ¶30) and gave testimony about Golatte during a hearing at the Police Review Board, (Id. at ¶30) and at their depositions. (Id.). On January 18, 2017, after trial, Golatte was acquitted on all charges against the officers. (Id. at ¶34). On July 14, 2016, the Independent Police Review Authority (IPRA) found that Officer Gaeta and Matheos moved out the vehicle path, yet still fired their weapons, and their use of force was objectively unreasonable and a violation of policy. (Id. at ¶35). On January 18, 2018, the Police Review Board found Officer Gaeta Detective Harry Matheos guilty of violating various rules. (Id. at ¶36). Plaintiff brought Fourth Amendment claims against defendants who seized and searched him on February 5, 2015 and February 7, 2015 and used excessive force without any legal justification.” See Motion in Opposition to Summary Judgement.

Golatte said he still has bullet fragments in his body as a result of the shooting.

Three days after the shooting, the Chicago Police Department revised its use of force policy to prohibit officers from shooting at or into a moving vehicle if no other weapons are displayed.

An investigation by the Independent Police Review Authority – the predecessor agency to the Civilian Office of Police Accountability – concluded the shooting was not justified, and recommended two officers be fired.

However, the Chicago Police Board instead suspended the officers for one year without pay for firing into a moving car that posed no immediate threat, a violation of department policy. The board said the officers never had the authority to make the traffic stop and violated the department’s use of deadly force policy but members stopped short of recommending termination.

At the time of the board’s decision in 2018, Golatte’s attorney, Chris Stewart, said the suspensions were not enough.

“How do these people still have a job? They falsified police reports. Mr. Golatte spent 44 days in prison and over a year on house arrest because they lied. We had to fight in criminal court to get him fully acquitted and that’s not a big deal for the Chicago Police Board?” he said.