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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

SUPPLEMENTARY SUMMARY REPORT OF INVESTIGATION'

I. EXECUTIVE SUMMARY

Date of Incident: January 12, 2010


Time of Incident: 4:39 a.m.
Location of Incident: Chicago IL, 60655
Date of COPA Notification: January 12, 2010
Time of COPA Notification: 9:23 a.m.

This investigation originated on January 12, 2010, after Chicago Police Officers responded
to Officer Patrick Kelly's residence for a call of a person shot. Upon arrival, emergency responders
discovered Jr. with a gunshot wound to the head. Officer Kelly related that
shot himself with Officer Kelly's gun during a suicide attempt. sustained
traumatic brain injury because of the gunshot wound. prognosis was poor. He was in a
coma and spent two months in the hospital. Following his hospital stay, spent the next
two months at the Rehabilitation Institute of Chicago before returning home with his parents.
When regained consciousness, he was unable to speak and incapable of providing a
statement regarding what occurred on the night in question. Shortly after the shooting,
uncle, a self-professed handgun expert, expressed concerns regarding Officer
Kelly's account of the incident, and stated that the model of gun involved would not have fired in
the manner described by Officer Kelly.

IPRA made seven (7) allegations of misconduct against Officer Kelly regarding his actions
the night of January 11, and early morning of January 12, 2010. The initial investigation closed at
IPRA on August 8, 2012. IPRA sustained five (5) of those allegations2 and reached a finding of
not sustained for two of those allegations: whether Officer Kelly shot and whether Officer
Kelly gave false statements to investigating officers and detectives regarding the occurrence. One
of the bases for the not sustained finding regarding whether Officer Kelly shot was
physical inability to provide a statement about the night in question and IPRA' s inability
to collect independent information regarding recollection of the incident or any other
evidence to refute or substantiate the allegation.

On September 15, 2017, the Civilian Office of Police Accountability (COPA) replaced the Independent Police
Review Authority (IPRA) as the civilian oversight agency of the Chicago Police Department. Therefore, this
investigation, which began under IPRA, was transferred to COPA on September 15, 2017, and the recommendation(s)
set forth herein are the recommendation(s) of COPA.

2The five (5) sustained allegations related to Officer Kelly's behavior while intoxicated the early morning of January
12, 2010. The original Summary Report of Investigation detailed the accounts of the CPD and paramedic witnesses
who were present on scene after the shooting, nearly all of whom indicated that Officer Kelly was belligerent, verbally
and physically abusive, and clearly intoxicated.
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

family filed a civil lawsuit against the City of Chicago and Officer Kelly in
October 2010 regarding the incident.3 On October 26, 2017, the court entered a judgment against
the City of Chicago after a jury returned a verdict in favor.4 More than 95 depositions
were taken during the civil suit's pendency. After IPRA' s investigation closed, regained
some ability to communicate and reportedly started having memories of the incident—specifically,
that he did not shoot himself and that he had not been suicidal prior to the incident.

COPA obtained new evidence from the City of Chicago's and attorneys and
audited the original investigation. New evidence that developed during the civil litigation was
directly relevant to the two allegations that were previously not sustained, accordingly COPA
reevaluated these two allegations. During this reevaluation COPA reviewed the original summary
report and the documents relied upon therein that served as a basis for the original findings. COPA
also reviewed pertinent deposition and trial testimony, including that of Officer Patrick Kelly,
subject-matter experts regarding the physical evidence, and expert witnesses
regarding cognitive ability. Additionally, COPA interviewed and re-
interviewed Officer Kelly. The following COPA Supplemental Summary report does not repeat
information contained in the original summary report, but only includes information and evidence
obtained since the original investigation's conclusion.

II. INVOLVED PARTIES

Involved Officer #1: Patrick Kelly, star #19397, employee ID # DOA: January
26, 2004, Police Officer, Unit of Assignment: 009/376, DOB:
male, white

Involved Individual #1: Jr., DOB: male, white

III. ALLEGATIONS

Officer Allegation Finding


Officer Patrick Kelly 6. Shot I Sustained

3 The civil case was filed in the Law Division of the Circuit Court of Cook County with the caption of v. City
of Chicago, et al., case no.: 10 L 11901. The case was subsequently removed to the U.S. Court for the Northern District
of Illinois under the same caption, and with case number 14 cv 09665.

4 The verdict in the civil lawsuit does not impact COPA's findings in this case. Officer Kelly settled the claims that
were pending against him in his personal capacity prior to trial, and thus no verdict was entered against him. In addition
to the events of January 12, 2010, the allegations against the City of Chicago covered a broad range of topics beyond
COPA's jurisdiction in this case including: findings from the Department of Justice's investigation into the Chicago
Police Department, how the City handled eighteen (18) allegations of wrongdoing against Officer Kelly in the five
years prior to the shooting, and the adequacy of the Chicago Police Department's investigation into the shooting. (See
the Court's September 29, 2017 Memorandum Opinion, Docket No. 405, v. City of Chicago, et al., 1:14-cv-
09665). However, COPA has obtained transcripts of sworn testimony from this case and has considered relevant
testimony from them.

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7. Provided false statements to investigating police Sustained


officers and detectives regarding this incident when
he indicated that shot himself.

IV. APPLICABLE RULES AND LAWS

Rules
Rule 2: Prohibits any action or conduct which impedes the Department's efforts to achieve its
policy and goals or brings discredit upon the Department.

Rule 8: Prohibits disrespect to or maltreatment of any person, while on or off duty

Rule 9: Prohibits engaging in any unjustified verbal or physical altercation with any
person, while on or off duty.

Rule14: Prohibits making a false report, written or oral.

V. INVESTIGATIONS

A. Testimony from new witness interviews and depositions

1. Accused Officer Patrick Kelly

In a deposition on May 4, 2012, Officer Patrick Kelly stated6 that, sometime after 10:00
p.m. on January 11, 2010, picked him up and they went out for drinks at
McNally's Bar and later Brewbakers Bar. Officer Kelly stated that on occasions he carries his gun
while off-duty, however on January 11, 2010, he did not have his service weapon with him.'
Officer Kelly and saw cousin, at Brewbakers, and rode
with and Officer Kelly from Brewbakers to Officer Kelly's house. Officer Kelly stated
that came in briefly, but then left to get cigarettes. Officer Kelly got some beers from the
kitchen and he and talked. Officer Kelly stated that he and were fine and did not

5 COPA conducted a thorough and complete investigation. The following is a summary of new material evidence
gathered and relied upon in our analysis. Additionally, the original investigation under this log number made sustained
findings that Officer Kelly was intoxicated while off duty, failed to secure his weapon, assaulted Sergeant Kielbasa,
verbally abused Sergeant Kilabasa in that he directed profanity at her and referred to her with a derogatory term, and
brought discredit on the Department when he interfered with Chicago Fire Department personnel that were attempting
to treat and as a result he was subsequently arrested. As no evidence was brought to light in the
course of the civil case that discredited any of the witnesses interviewed during IPRA' s original investigation, COPA
has not re-opened an investigation into the first five allegations of that summary report.
6 This summary of Officer Kelly's deposition is limited to statements Officer Kelly made regarding the events leading
up to the shooting.
7 ( Jr.'s mother) testified that on at least three occasions Officer Kelly had left his
service weapon at Brewbackers while drunk and gone back the next day to retrieve it. (Attachment 229,
Deposition, pp. 126-127).
8 Hereinafter referred to only as "

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argue or have a disagreement; however, mentioned to Officer Kelly at McNally's that he


( was upset because he was having problems with his girlfriend. According to Officer
Kelly, told him that sometimes he wanted to go to sleep and never wake up.

Officer Kelly stated that within fifteen minutes of arriving at his residence, went
into Officer Kelly's bedroom, where Officer Kelly's gun was stored inside of a nightstand.9
Officer Kelly stated that he found it odd that went into his bedroom, so Officer Kelly went
into the bedroom after walked past Officer Kelly, quickly exiting the bedroom.
Officer Kelly stated he turned around and was standing across the threshold of the
bedroom door, in the living room facing Officer Kelly. had Officer Kelly's firearm in his
left hand, holding the gun to his left temple. Officer Kelly heard the gun click once. Officer Kelly
then went to grab the gun from and it discharged. Officer Kelly stated that his hand was
within six inches of the gun when it discharged; Officer Kelly stated that he does not believe that
his hand was on the gun when it discharged. Officer Kelly testified that he had never seen Mikey
hold a pistol before, had never been to a shooting range with Mikey before, and could not recall if
Mikey held a shotgun left or right handed.'°

In a deposition on May 3, 2016, and in the subsequent civil trial, Officer Kelly invoked his
Fifth Amendment right to remain silent."

2. Subject, "Mikey" Jr.

In a deposition on October 4, 2016, Jr. related that, on the day of his


injury, he traveled from his home in Sandwich, Illinois (where he lived with his then-girlfriend,
to his parents' house to celebrate his father's birthday. did not remember
precisely what he did prior to going to his parents' home, but he believes he may have been goose
hunting in the Sandwich/Plano, Illinois area; or perhaps doing something with dog. After
accompanying his family to Palermo's Restaurant, returned to his parents' house and
watched a movie. Sometime after midnight left his parents' house to give his friend,
vehicle a jump, and then went to McNally's. believes that he went in his truck
alone to McNally's, where he met his cousin According to he stayed at McNally's
for roughly one hour before he and and several others whose names could not recall,
went to Brewbakers. Once they ended the night at Brewbakers, drove truck12 and
dropped off and Officer Kelly at Officer Kelly's house. I3 told he would
leave truck at his ( ) parents' house.

Once at Officer Kelly's house, stated that he and Officer Kelly got some beer. At
some point, Officer Kelly began to punch and yell at his (Officer Kelly's) dog. praised
the dog and told Officer Kelly to stop. and Officer Kelly argued about Officer Kelly's
treatment of the dog, and decided to leave. stated that he flinched as he prepared

9 Officer Kelly stated that he does not recall telling detectives that his gun was on rather than in the nightstand.
1° Attachment 207
11 Attachment 225
12 stated that drove vehicle because had consumed alcohol and was sober.
13 stated that he was unsure at what point he and met up with Officer Kelly. did not recall seeing
Officer Kelly at McNally's.

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to leave—which demonstrated by closing his eyes and tucking his head in toward his
chest—because he thought Officer Kelly was going to "shoot something... like a wall or something
like that."14 stated that he did not see the gun prior to being shot, but he knew that Officer
Kelly owned a gun and usually kept it in the waistband of his pants. Upon further examination,
stated that he did not know if he saw Officer Kelly holding a gun prior to when he
( flinched or was shot. According to his next memories are two or three years
after the incident. asserted that he did not shoot himself and stated that he never picked
up or held Officer Kelly's gun. During the deposition, was asked about a text message
that he sent to on January 11, 2010, stating, "but you're not alone, and you make me alone
and depressed." stated that he did not remember sending that text message. He
testified that when he held handguns, he used his right hand.

also testified about things that he did not have first-hand knowledge of, as they
would have happened while he was unconscious or in surgery: namely that Officer Kelly was
inebriated and had a 0.2 or 0.220 blood alcohol level at 3:00 in the afternoon and that Officer Kelly
hit a lieutenant in the face.15

In an interview with COPA on January 25, 2018, Jr. stated that, after he
and his family celebrated his father's birthday at Palermo's, he went to 108th and Fairfield Avenue
to give his friend 16 a jump. then went to a bar with his cousin where
he and first saw Officer Kelly. consumed one or two beers at the bar. At
approximately 3:40 a.m., the bar closed, and dropped off at Officer Kelly's house.
stated that he is not certain if Officer Kelly was in the car with him and but he thinks
Officer Kelly may have rode with them to Officer Kelly's house.

stated that he and Officer Kelly had an argument because Officer Kelly hit his dog,
and the dog did nothing wrong. praised the dog and told Officer Kelly to stop hitting the
dog. stated that Officer Kelly pushed him. stated that he was not certain if he
pushed Officer Kelly back, but he told Officer Kelly that he was leaving and to stop hitting the
dog. stated that Officer Kelly was standing behind him when Officer Kelly pushed him.
could not see Officer Kelly's hands; therefore, he does not know whether Officer Kelly
pushed him with one or two hands, or if Officer Kelly had anything in his hands when he pushed
stated that he flinched because he thought Officer Kelly was shooting on the
wall, and he felt Officer Kelly shooting. According to the first cartridge did not fire,
"because of the Sig, something. The second cartridge went off"

related that he did not see Officer Kelly with a gun that night, but Officer Kelly
usually kept his gun on him, in the rear of his pants. When asked specifically if knew
where Officer Kelly kept his gun, stated that Officer Kelly's gun was in a safe in the
bedroom. added that he did not go into Officer Kelly's bedroom that morning. He did
not know where Officer Kelly put his gun, but the gun was either on Officer Kelly or in a safe.

14 Attachment 206; page 88, lines 6 -11.


15 Attachment 205, 206
16 Phonetic spelling.

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stated that his next memory is being in the hospital and feeling like his head had
been in a car accident; he did not know initially that he had been shot. stated that it was
roughly one year before he could communicate, and he did not remember what happened to him
until two or three years later. According to the information he related are his own
memories. stated that prior to the incident, he was happy and never thought about suicide.

stated Officer Kelly "blew"17 at 12:00 in the afternoon, that Officer Kelly was four
times the limit and had a blood alcohol level of 0.35. had difficulty focusing on and
answering questions at times during the interview. repeated himself and could not answer
specific questions about the moments leading up to the shooting.I8

3.

In a deposition on January 18, 2016, stated that, he was at Brewbakers with


friends when he ran into his cousin, Mikey ( Mikey was there with Officer Kelly
and others who did not know. stated that he knew of Officer Kelly but that night was
the first time he met Officer Kelly. stated that he, Mikey, and Officer Kelly left Brewbakers
together at approximately 3:30 a.m. Officer Kelly drove Mikey's truck back to Officer Kelly's
house. stated that he did not go inside Officer Kelly's residence. told Mikey that he
would take his truck to Mikey's father's house and to call him in the morning. stated that
everyone seemed to be in a good mood and that Mikey was his usual self. When asked at deposition
if either Mikey or Pat Kelly was drunk, testified he saw both with drinks but stated he did
not know if either was drunk that night. Finally, stated that Mikey was a happy person and
never expressed thoughts about suicide.'9

4.

One of Jr.'s friends, gave a deposition in the civil


case on December 16, 2015. was asked about statements attributed to him in the Detective
Summary Report,2° about whether had made statements indicating suicidality prior to the
incident. While under oath during his deposition, testified that the detectives interviewed
him less than a day after the shooting and told that had attempted suicide. At his
deposition, was adamant that he never told detectives that Mikey said he "wanted to end
it." testified that Mikey had never talked about suicidal thoughts with him. also
testified that the he felt the detectives were trying to get him to agree that it was an attempted
suicide, despite repeated denial of this as a possibility.2'

5. nee

On June 17, 2016, Mikey girlfriend at the time of the shooting, gave
a deposition in the civil case. testified that she and had disagreed about her drug

17 Referencing when Officer Kelly took a breathalyzer blood alcohol test after the incident.
18 Attachment 204
19 Attachment 209
20 Attachment 133
21 Attachment 227

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use, specifically, that she had been dependent on Ambien, a sleeping pill, for several years prior
to January 2010. She authenticated several text messages between and herself that were
sent in the days prior to January 12, 2010. The text messages highlighted several points of
disagreement between the couple including: having told sister about her Ambien
dependence; use of hydrocodone, or Vicodin; and not being invited to
family gatherings because her family disliked During an exchange of text messages
between and specifically on the morning of January 11, 2010, approximately 14
hours before the shooting, texted "But you are not alone, and you make me alone
and depressed."22 The couple exchanged multiple texts back and forth after this regarding
Ambien addiction and needing to choose between and the drugs. also
references his Vicodin use during the text exchange. testified that invited her to
come to Chicago that night, but she declined because she had to work the next morning. She
testified that she told him not to drive home that night because the roads were supposed to be bad
due to inclement weather.

testified that the morning after the shooting she came to Chicago to be with
family, and, while she was at parents' house, she was interviewed by CPD
detectives investigating the shooting. They showed her cell phone and told her that they
were aware of their texts and so she had better not lie to them. uncle,
interrupted the interview after a few minutes and instructed to stop speaking with the police.
had never indicated to her that he was suicidal, and she did not believe that he was suicidal.
testimony at deposition was materially consistent with the narrative of her interview
memorialized in the detectives' report, with one exception. At deposition she stated that
had not told her he was going out with Officer Kelly that night.23

6. Testimony about "Mikey" Jr.'s right-handedness

In a deposition on January 15, 2016, Jr.'s uncle, testified


that, his nephew Mikey uses his right hand for throwing and writing. The one time the two went
hunting together, Mikey shot a shotgun right-handed.24

In a deposition on February 23, 2012, Jr.'s uncle,


testified that he went hunting approximately 20 times a year with Mikey, and that Mikey used long
guns and handguns right-handed. In fact, Mikey's shotgun for hunting could only be used right-
handed as it ejected shells on the right side of the rifle. also testified that he had never
owned a Sig Sauer pistol, and that he had only fired one six or seven times in his life.25

In a deposition on February 23, 2012, Jr.'s father, Sr.,


testified that Mikey went through gun safety training when he was a teenager, more than a decade
before the incident in question. The family had several guns which Mikey used, including a

22 Attachment 228 ( AKA Deposition, p. 100-101)


23 See Attachment 133 and pg 14 of the IPRA Summary Report
24
Attachment 231( Dep. p. 42-43)
25 Attachment 232 ( Dep)

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handgun. Mikey ate and wrote left-handed but did everything else with his right hand. The two
had been hunting together over 50 times, and Mikey always shot right-handed.26

In a deposition on December 3, 2015, Jr.'s mother,


gave the following testimony about Mikey being ambidextrous: "He shot with the right hand. He
[used a] baseball-bat with the right hand. He shoveled with the right hand. He drove with the right
hand. The only two things I've ever seen him do with his left was eat and write."'

B. Additional physical evidence from medical records and expert testimony

1. Medical Records

According to Jr.'s medical records from Advocate Christ Medical


Center28, per a toxicology screen taken on January 12, 2010 at 5:00 a.m., an hour or so after the
incident, had a blood alcohol content of 0.155. There were no positive findings for
narcotics on the toxicology report.

2. Expert testimony regarding forensic evidence found at the scene

a. Expert witnesses retained by family

In a deposition on November 22, 2016, Doctor a scientist and expert


in biomechanics, and head and back injuries, was retained as an expert witness to determine
whether Officer Kelly's description of the incident is consistent with the physical evidence. His
testimony referenced the findings he made in his written report. Dr. stated that the blood
spatter observed in the photographs of the scene could not have been produced by a self-inflicted
wound, and therefore could not have shot himself According to Dr. based on
the trajectory of the blood as depicted in the photographs, it would be unlikely for to have
been standing in the threshold of the doorway to the bedroom, contradicting Officer Kelly's
version of events. The curvature of the blood pattern is consistent with facing in a
southwesterly direction, not facing north into the bedroom.29 Additionally, in Dr.
report he concluded that based on the CT scans of head, the path of the bullet appears to
be at an angle, closer to the back of the head, as if the bullet were travelling more toward the back
of his head. Given that, it would not be possible for to shoot the gun with his right hand
and achieve the trajectory consistent with the physical evidence. Dr. stated that it would
be unlikely for to use his left hand at the time he was injured, because according to
mother and brother, had right-handed gun handling habits.3°

In a deposition on November 9, 2016, Doctor a board-certified physician


in Anatomical, Clinical, and Forensic Pathology, stated that, based on the radiological appearance
of the gunshot wound, with extensive skull fractures, and the description of ejected brain tissue,

26 Attachment 230 ( Sr. Dep)


27
Attachment 229 ( Dep at pp. 150-151.)
28 Att. 162, page 69
29 Attachment 210
3° Attachment 235

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the gunshot wound that sustained was a contact wound (the muzzle was in contact with
the scalp at the time of discharge). According to Dr. based on the location of the entrance
wound, the contact nature of the wound, and the trajectory of the bullet through the brain, and
assuming the gun, a Sig Sauer 226, was held in one hand, Dr. opined that in all medical
probability, gunshot wound could not have been self-inflicted. In addition, Dr.
stated that the presence or absence of gunshot residue on the hands or clothing of an individual
cannot be used to scientifically determine whether an individual shot himself or was shot by
another.31 Dr. report states facts consistent with his testimony at deposition.32

b. Expert witnesses retained by the City of Chicago

In a deposition on March 21, 2017, Doctor a forensic DNA expert, stated


that, his office was retained to examine the pair of denim jeans recovered from Officer Kelly and
compare it to DNA profile. Dr. concluded that the red-brown (blood) stains on
the left knee of the denim jeans are from Dr. stated that he could not determine
when the blood was found on the jeans, or how the blood got there. Dr. stated that he did
not have sufficient information to determine the distance between Officer Kelly and at the
time of the shooting. Dr. added that there could be more than one viable explanation as to
how blood came to be on Officer Kelly's jeans. Additionally, Dr. tested a second
red-brown stain from the right rear pocket of the denim jeans. Dr. concluded that
was excluded as the contributor of the DNA profile for that stain.33 Dr. report specifies
that DNA was the only standard the two stain samples were compared to.
Additionally, the report states facts consistent with his testimony at deposition.34

In a deposition on April 6, 2017, Doctor a forensic scientist and


criminalist, was retained to look at crime scene photographs and evaluate the bloodstain patterns.
Dr. stated that based on his analysis of the bloodstain patterns, the exact position and
placement of when he was shot cannot be determined; nor can it be determined who shot
Dr. added that the bloodstain patterns depicted in the photographs could be
produced if either person, or Officer Kelly, shot 35

In a deposition on May 1, 2017, Doctor Richard a forensic scientist specializing


in crime scene reconstruction and supervisor for the Washington State Patrol crime laboratory. Dr.
stated that, in this case he reviewed Dr. reports, CPD's incident report
and scene photographs, Officer Kelly's statements, medical reports, and Illinois State
Police crime laboratory reports. Dr. concluded that since the bullet did not exit and there
are no photographs of the wound immediately after the event, the position/orientation of the
firearm and the trajectory of the bullet into head cannot be determined. According to
Dr. the damage to skull and an apparent hair or scalp fragment on the south
window frame of the residence is consistent with a contact or near contact shot. However, Dr.
could not render an opinion about the trajectory of the shot based on the skull fragments'

31 Attachment 212
32 Attachment 234
33 Attachment 211
34 Attachment 236
35 Attachment 213

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location. Dr. stated that the operation of the firearm involved in this incident, a Sig Sauer
P226 DAK, is consistent with Officer Kelly's account that the gun clicked and then fired. This
firearm is equipped with a double-action only trigger system, which requires approximately half
the effort to fire than the standard Sig Sauer P226 model in double-action mode. According to Dr.
pulling the trigger when placed against the head is easily accomplished under a number of
wrist angles. Dr. stated that the "out of battery" safety on the firearm prevents the weapon
from firing when the muzzle of the firearm is pressed against a surface. In some instances, the
firing mechanism will function, creating an audible click, but will not fire a cartridge.
Additionally, Dr. stated that if the frame of the firearm is unsupported during firing, i.e.
held loosely, or the slide is restricted, it is possible that the fired cartridge case will remain in the
chamber. Dr. added that this occurrence is commonly observed in case of suicide, or if
there is a struggle for the firearm at the time of firing. Dr. stated that based on his analysis
of the evidence and the firearm that he examined, the evidence in this case is "not inconsistent
with a suicide;" however, there is no direct evidence for Dr. to conclusively say whether
Officer Kelly or pulled the trigger.36 Dr. conclusions are contained in his written
reports which is consistent with the facts he testified to at his deposition.37

c. Expert testimony regarding memory, cognitive, and linguistic


abilities after the injury

In a deposition on May 2, 2016, Speech Pathologist stated that, she


began overseeing therapy sessions with in the Fall of 2012. The therapy sessions were
intended to help with his ability to express his basic ideas, needs, and wants.
stated that she learned from a combination of sources including his mother, and news
reports that and a friend had been drinking heavily when a gun went off—resulting in
injury. When asked specifically what information she learned from
stated that she had very limited conversations with regarding his injury. did,
however, recall a session where mother informed that was going to
be featured on a Dave Savini news report, and said, "I didn't shoot myself."
stated that she cannot offer any opinions regarding ability to recollect what happened
with respect to the injury he sustained in January 2010.38

In a deposition on May 31, 2016, stated that, she provided physical therapy
to stated that was not communicative or expressive when he first began
treatment in 2010, but he was able to follow commands. stated that in 2012, started
having short conversations and answering yes/no questions. documented in her notes dated
January 16, 2015 that spoke about the incident, and related that he had been drinking with
his friend and his friend shot him. In her deposition, acknowledged that there was a
discrepancy in her notes, because on the same date, a separate section of the notes documents that
claimed he did not remember the incident, or anything after the incident up until January
2012. When asked to explain, stated that first brought up the incident between one
year to one-and-a-half years prior to January 16, 2015; and that her notes are a culmination of old

36 Attachment 214 ("not inconsistent with a suicide" at pg. 231)


37 Attachment 233
38 Attachment 215

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evaluations and information obtained from both and his parents. stated that when
she confronted about the discrepancies in his statements, responded that he
blacked out. stated that family members have mentioned to her that had amnesia
for a long period of time and does not have recollection of the incident.39

In a deposition on May 5, 2016, Doctor a practicing physician at Christ


Medical Center with a specialty in physical rehabilitation and treatment, stated that, he manages a
variety of musculoskeletal and other pain problems that arise with In December 2015,
Dr. performed a Mini Mental Status Examination on to address current
cognitive status. Dr. opined that sustained severe, traumatic, lifelong brain injury.
The entire left hemisphere of brain was significantly injured, and he had very significant
atrophy (shrinking) on the left side of his brain, from the back to the front. Dr. stated that
the injuries sustained resulted in his slower processing of information, and has
difficulty at times in finding words.4°

In a deposition on May 5, 2016, Radiologist stated that, he could not


offer any opinions to a reasonable degree of medical certainty as to what effect injury
had on his memory. He could not tell the trajectory, other than that the bullet traveled from left to
right and front to back. He could not give an opinion as to whether the gunshot wound was self-
inflicted. Dr. added that the left parietal lobe and the right high post occipital regions
of brain suffered brain death; however, he does not have an opinion as to what effect
death to those parts of the brain had on 41

In a deposition on April 28, 2016, Doctor stated that, he is a


licensed physician who practices in plastic surgery and hand surgery. Dr. stated that
he performed multiple surgical procedures on in 2010. Dr. stated that he could
not offer any opinions regarding cognitive function; and he never assessed whether
gunshot wound was self-inflicted. Dr. stated that loss of oxygen could affect
someone's memory, but Dr. could not speak to the impact brain injury had
on his memory.42

In a deposition on May 6, 2016, Doctor the neurosurgeon who operated


on following his injury, stated that, sustained a gunshot wound to the left parietal
region of his brain. Dr. stated that it was not possible for him to determine whether the
gunshot wound was self-inflicted.43

In a deposition on April 12, 2016, Doctor , Trauma Director at Advocate


Christ Medical Center, stated that the traumatic brain injury that sustained can cause
significant cognitive dysfunction that would also affect memory function. He testified that "[i]n
an injury as severe as this one, it is very possible that long-term memory may be seriously

39 Attachment 216
40 Attachment 217
41 Attachment 218
42 Attachment 219
43 Attachment 220

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impaired," and that "[a] prolonged period of unconsciousness is a symptom of the severity of the
injury—which would lend to the possibility that the injured person would have memory issues."'
Dr. further stated that, "based on the severity of brain injury and his hospital
course, it is highly unlikely that he has regained full neurologic function."45

In a deposition on September 12, 2016, Doctor stated that, he performed


an analysis of medical records, medical history, and physical exam for the purpose of
life care planning and future medical needs. Dr. stated that he never spoke to about
how he was injured, in part because he did not think would remember due to posttraumatic
amnesia. Dr. stated that based on his review of the records, his opinion is that did
not shoot himself because of the angle of the gunshot wound. Dr. acknowledged, however,
that he was not retained to give an opinion regarding whether the gunshot wound was self-
inflicted.46

In a deposition on April 3, 2017, Doctor board-certified in neurology and


physical medicine and rehabilitation, stated that based on his review of medical records,
receptive and expressive abilities are impaired. Dr. stated that given the nature of
injury and his cognitive residuals, he cannot see how could have possibly
remembered what happened at the time of his injury.47

In a deposition on April 14, 2017, Doctor a clinical


neuropsychologist, opined that report of what transpired on January 12, 2010 is
unreliable. Dr. stated that the effects of the brain injury, as well as alcohol
intoxication, might affect accurate recall of that information. He observed that the
trauma from the gunshot wound affected multiple regions of the brain—including those regions
responsible for memory storage. Additionally, Dr. stated that memory,
particularly the memories of events surrounding the time in which the gunshot was sustained, was
affected. Dr. stated that suggestibility and misattribution are two of many errors that
can affect accuracy of recall and recollection. Dr. questioned the degree to which
other people talking about the events of January 12, 2010 could have intruded on
recollection and recall of the events, such that they may have become part of his own recall, but
the source of which was not from his own experience. According to Dr. suggestibility
happens to a higher degree in people with brain damaged, as they are more susceptible to the
influence and the information provided by others, that they then incorporate into their own
memories. For instance, if heard others talking or hypothesizing about what transpired on
the date of the injury and began to incorporate it into his own mind, that would affect the accuracy
of his own independent memory of the event. Dr. report concludes, "empirical
evidence suggests that recall of events close in time to the cerebral injury are less likely to be
encoded/ consolidated into long-term storage, and therefore less likely to be recalled at some point
in the future." Further, he concluded that it would be extremely rare and highly improbable for
to recall events almost immediately up to the moment in time which the injury

44 Attachment 221, p. 30:4-16.


45 Attachment 221, p. 43:19-24.
46 Attachment 222
47 Attachment 223

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

occurred. Dr. proposed that would more likely than not be unable to
remember events immediately before the gun discharged.48 49

VI. ANALYSIS5°

A. Applicable Rules and Standards

Officer Kelly allegedly shot Jr. in violation of Rules 2, 8, and 9 of the


Rules and Regulations of the Chicago Police Department. Rules 8 and 9 together "prohibit the use
of any excessive force by any member. These rules prohibit all brutality, and physical or verbal
maltreatment of any citizen while on or off duty, including any unjustified altercation of any
l ' 52 Rule 2 "applies to both the professional and private conduct of all members" and applies
to not only all unlawful acts, but all acts which would degrade or bring disrespect upon the member
or the Department.53 Further, it is alleged that Officer Kelly knowingly made false statements
regarding the incident in violation of Rule 14, which prohibits "making a false report, written or
oral." For a false statement to violate Rule 14, the accused officer must make a knowingly false
statement about a material fact.

When making investigative findings, COPA uses a preponderance of the evidence


standard.54 "A proposition proved by a preponderance of the evidence is one that has been found
to be more probably true than not true." Avery v. State Farm Mutual Automobile Insurance Co.,
216 Ill. 2d 100, 191 (2005).

B. Allegation 1 — Officer Kelly shot Jr.

Based on a review of the available evidence, it is more probably true than not that Officer
Kelly shot Jr., without justification on January 12, 2010, in violation of the
Chicago Police Department's Rules and Regulations. As discussed below, while
Jr.'s condition post-injury has affected his memory about the moments leading up to the shooting,
COPA finds his testimony about not being suicidal to be credible. Officer Kelly's multiple
objectively false statements about the events of the night coupled with his intoxication make him
not credible. Moreover, the physical evidence and testimony regarding various circumstances
surrounding the shooting contradict Officer Kelly's version of events sufficiently enough to

48 Attachment 224
49 Attachment 237
5° While this supplemental Summary Report of Investigation does not re-state all of the evidence contained in the
original Summary Report of Investigation, the analysis, by necessity, takes all of that evidence into consideration
when reaching the following conclusions. This analysis should not be interpreted as relying on the evidence contained
in the investigative section of this document alone.
51 Official Comment to Rule 9, Rules and Regulations of the Chicago Police Department (as of April 1, 2010)
52 As noted above, Mr. and his family's lawsuit was filed pursuant to 42 U.S.C. §1983, and alleged that Mr.
injury was a violation of Mr. 4th Amendment rights. However, COPA does not need to reach a
conclusion as to whether Officer Kelly was attempting to act in his official capacity when and if he shot Mr.
as Rules 8 and 9 apply equally to off-duty misconduct as they do to on-duty misconduct.
53 Official Comment to Rule 2, Rules and Regulations of the Chicago Police Department.
sa COPA Rules and Regulations, Article IV, §4.1.1 Investigative Outcomes (effective April 13, 2018)

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

support a sustained finding by a preponderance of the evidence.55 The following findings of fact
support this conclusion.

1. There are issues affecting the reliability of both and Officer Patrick
Kelly.

regained his ability to speak and began reporting memories of the night in question
at least three years after the incident. While he has maintained that he did not see Officer Kelly
with a gun he also stated he flinched just prior to hearing the gun go off Based on the severe nature
of the traumatic brain injury sustained, it is difficult to give much weight to his version of
events that led up to the shooting. Most troubling, however, is how often mixes his version
of events with facts he learned after he was shot. For example, he has testified about multiple
events that occurred while he was unconscious: the results of Officer Kelly's blood alcohol content
test; that Officer Kelly assaulted a sergeant;56 and that the first cartridge did not discharge from
the gun due to the Sig Sauer's out-of-battery feature. As Dr. explained, individuals
who have endured the type of trauma suffered are susceptible to misattribution and
suggestibility. statements at deposition and to COPA are consistent with Dr.
explanation. Undoubtedly, people talked about facts of the case and hypothesized
about what happened in presence. To this day, has confusion about where he
learned some of the information about what occurred. In every statement that has given,
there are pieces of information throughout indicating his testimony about what occurred on January
12, 2010, are not his memories, but things he must have learned since then.

Both parties were objectively intoxicated at the time of the shooting. The medical records
from Christ Hospital reflect that BAC at 5:00 a.m. was .155.57 His cousin
also described as being intoxicated when they left Brewbakers.58 Officer Patrick
Kelly's BAC was .093 when the breathalyzer was administered nearly 7 hours after the shooting.59
A back extrapolation by Dr. Larsen determined his BAC at the time of the shooting to be between
.169 and .246.60 Therefore, each parties' recollection of the events would likely have been
influenced by their respective levels of intoxication.

Additionally, COPA found that Officer Kelly provided false statements about other parts
of the incident under investigative log number 1087256. In sum, Officer Kelly's false statements
to investigators and in the civil proceedings, the physical evidence (discussed below), and his

55 Because COPA acknowledges that our investigation may not have uncovered all of the circumstances surrounding
the minutes leading up to and including the shooting itself, COPA is not and will not make findings of fact pertaining
to each of these circumstances. COPA's determination that Officer Kelly shot does not rely on or
revolve around such determinations.
56 Actually, testimony during deposition was that Officer Kelly "hit a Lieutenant in the face." (Attachment
206, p. 81:2-3). As there is no record of Officer Kelly punching anyone in the face and no record of a lieutenant being
attacked, we assume Mr. was referencing Officer Kelly's aggressive conduct towards Sergeant Kielbasa after
the shooting, which is thoroughly detailed in the initial summary report filed in this log number. This further illustrates
Mr. confusion about the events of the night in question.
57 See Attachment 162
58 Attachments 30, 63.
" Attachments 44, 53
60 Attachment 60.

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

inherent bias as an accused party, COPA finds Officer Kelly's statements about what happened at
the time of the shooting not credible.

2. was not suicidal during the early morning hours of January 12, 2010.

COPA does find testimony about not being suicidal credible. reported
in multiple forums, including to COPA, that he has always been a happy person. In fact, he stated
convincingly that even in his current condition, he continues to be a happy person with no desire
to end his life. Additionally, his former girlfriend, (formerly testified that
never discussed being suicidal with her, and she never thought he seemed suicidal. Despite
Detectives Reports indicating heard make comments about ending his
life, testified at deposition that he never made those statements to detectives and further,
did not believe was suicida1.61 The only person to maintain that was suicidal that
morning is Officer Patrick Kelly himself. There has been no corroborating evidence discovered
to support Officer Kelly's statements. For reasons stated both above and below this section, we
do not find Officer Kelly to be reliable as to this issue.

3. The gunshot wound suffered by was not self-inflicted.

The physical evidence in this case is generally inconclusive with respect to who fired the
round, however the evidence established several facts. First, it should be noted that the
investigation was not treated as a homicide from the outset and because was still alive,
life saving measures took precedent over maintaining evidence. In sum, experts agreed that the
shot was a close contact wound based on skull fragments found inside the residence. Additionally,
the CT scans show the bullet moved from left to right. However, while three experts opined that
the wound could not be self-inflicted, several experts opined that the evidence is inconclusive as
to who took the shot. The experts did agree that it would be nearly impossible to fire the weapon
with the right hand. Finally, based on his blood spatter analysis, Dr. concluded that
was not facing into the bedroom as described by Officer Kelly.

4. used his right hand to shoot firearms.

The uncontested testimony is that with the exceptions of eating and writing, was
right-handed for everything else, specifically shooting weapons. had been shooting
handguns and shotguns for over a decade by January 12, 2010 and went hunting multiple times a
year. Officer Kelly testified that would show him shotguns that he had purchased for
hunting. Jr regularly kept the family's pistol. Additionally,
Sr. and all maintain that shot all firearms
right-handed. There has been no evidence, other than Officer Kelly's version of the events to imply
ever fired a firearm with his left hand. Moreover, the physical evidence suggests it would
be nearly impossible for to use his right hand to shoot himself that night. Dr.
testified it would not be possible for to shoot the gun with his right hand and achieve the

61 The only reference to the possibility of being suicidal came from Chicago Police Department detectives'
supplemental reports. These reports claimed to reference interviews with and (nee
to support this theory. However, the content of those interview summaries were directly contradicted by the
depositions of those same witnesses.

15
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

trajectory consistent with the physical evidence. COPA does not find it convincing that the
shooting occurred the way Officer Kelly described: where walked into Officer Kelly's
bedroom without provocation, grabbed Officer Kelly's service weapon with his non-dominant
hand, walked out to Officer Kelly's living room and used his non-dominant hand to shoot himself
in the head. Due to the location and angle of the gunshot wound, for it to even be remotely possible
for this wound to be self-inflicted, would have had to use his left hand to accomplish
holding this gun and pulling the trigger. This fact makes it nearly impossible to come to any other
conclusion except that the gunshot wound was not self-inflicted.62

In sum, COPA finds by a preponderance of the evidence that Officer Patrick Kelly shot
First, Officer Kelly is not credible based on his intoxication at the time of the
incident, the physical evidence and the numerous inconsistent statements he made to investigators
and at deposition. In contrast to Officer Kelly's account, COPA finds sufficient evidence that
was not suicidal. The physical evidence significantly contradicts Officer Kelly's
version of events. Specifically, the blood spatter showed that at the time of the shot was
not facing into the bedroom. Additionally, experts agree it would be nearly impossible to fire the
gun with the right hand, and was a known right-hand shooter.

C. Allegation 2 — Officer Kelly provided false statements to investigating police


officers and detectives regarding this incident when he indicated that
shot himself

As stated above, for a false statement to violate Rule 14, the accused officer must know
that the statement is false at the time he or she makes it and it must be about a material fact of the
investigation. Clearly whether Officer Kelly observed shot himself is material to CPD's
and then-IPRA' s investigations. Based on the analysis in the previous section, COPA has
determined it is more probably true than not that did not shoot himself It is unclear if
Officer Kelly, whose severe intoxication has been documented and discussed in other reports
related to this investigation, knows what happened that night. However, if that were the case, he
had an obligation to tell investigators that he could not remember what happened due to his
impairment. Based on a preponderance of the evidence, either Officer Kelly does know what
happened and has made multiple false statements regarding the events, or he does not recall what
happened and has falsely claimed that he does. Either way, the allegation that he violated Rule 14
is sustained.

VII. RECOMMENDED DISCIPLINE FOR SUSTAINED ALLEGATIONS

a. Officer Patrick Kelly

i. Complimentary and Disciplinary History

COPA has taken into account the Complimentary and Disciplinary History of Officer
Patrick Kelly.

62 Of course, COPA is determining each of the findings of fact only by applying the preponderance of the evidence
standard.

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

ii. Recommended Penalty, by Allegation

1. Allegation No. 6

Based on the egregious nature of the allegation, COPA recommends that Officer Patrick
Kelly be separated from the Chicago Police Department.

2. Allegation No. 7

Based on the egregious nature of the allegation, COPA recommends that Officer Patrick
Kelly be separated from the Chicago Police Department.

VIII. CONCLUSION

Based on the analysis set forth above, COPA makes the following findings:

Officer Allegation Finding


Officer Patrick Kelly 6. Shot Sustained

7. Provided false statements to investigating Sustained


police officers and detectives regarding this
incident when he indicated that
shot himself

Approved:

Sydney Robe s Date


Chief Administrator

17
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

Appendix A

Assigned Investigative Staff

Squad#: Four
Investigator: Theresa Davis
Supervising Investigator: James Murphy-Aguilu
Deputy Chief Administrator: Andrea Kersten

18
SUSTAINED TYPE DATE OF REPORT
SUMMARY REPORT LOG NO CR, CONF 26-JUL-2012
CHICAGO POLICE DEPARTMENT 1033096

TO: CHIEF ADMINISTRATOR, INDEPENDENT POLICE REVIEW AUTHORITY

FROM - INVESTIGATOR'S NAME RANK STAR NO EMPLOYEE NO UNIT ASSIGNED UNIT DETAILED
KOBEL, DANIEL 9182 136 113
REFERENCE NOS (LIST ALL RELATED C.L., C.B., I.R., INVENTORY NOS., ETC., PERTINENT OF THIS INVESTIGATION)
INCIDENT ADDRESS: ST, CHICAGO, IL 60655 DATE / TIME: 12-JAN-2010 04:01 BEAT: 2211

ACCUSED
NAME RANK STAR NO EMP NO UNIT UNIT SEX/RACE DOB APPOINTED ON SWORN
ASSIGNED DETAILED DATE DUTY ? ?
KELLY, PATRICK J 9161 19397 009 166 M / WHI 26-JAN-2004 NO YES

REPORTING PARTY
NAME ADDRESS* CITY STATE TELEPHONE SEX/RACE DOB/AGE
MC NICHOLAS, THOMAS RANK: 9173,STAR NO: 278, EMP NO: M / WHI 46
KIELBASA, CHARMANE RANK: 9171,STAR NO: 2124, EMP NO: F / WHI 44
CHICAGO, IL M / WHI 45
ORLAND PARK, IL M / WHI 53
CHICAGO, IL M / WHI 27

VICTIMS
NAME ADDRESS* CITY STATE TELEPHONE SEX/RACE DOB/AGE
CHICAGO, IL M / WHI 31
KIELBASA, CHARMANE RANK: 9171STAR NO: 2124, EMP NO# F / WHI 44

WITNESSES
NAME ADDRESS* CITY STATE TELEPHONE SEX/RACE DOB/AGE
COLLINS, RAYMOND RANK: 9161,STAR NO: 3598,EMP NO: M / WHI 61
BROCK, STEVEN RANK: 9161,STAR NO: 10766,EMP NO: M / BLK 40
COYNE, STEPHEN RANK: 9161,STAR NO: 15069,EMP NO: M / WHI 40
DE GASSO, ROBERT RANK: 9161,STAR NO: 12506,EMP NO: M / WHI 58
KOSUR, MICHAEL RANK: 9161,STAR NO: 13811,EMP NO: M / WHI 34
BERRY, THERESA RANK: 9161,STAR NO: 7783,EMP NO: F / BLK 27
MONTESDEOCA, JOSEPH RANK: 9161,STAR NO: 13370,EMP NO: M/S 28
OSTROWSKI, JON RANK: 9161,STAR NO: 14908,EMP NO: M / WHI 29
SZYMANSKI, SAMANTHA RANK: 9161,STAR NO: 14749,EMP NO: F / WHI 29_
VELA, JESUS RANK: 9161,STAR NO: 5566,EMP NO: M/S 32
BOGDALEK, ALLYSON RANK: 9161,STAR NO: 18598,EMP NO: F / WHI 31
JANISZEWSKI, APRIL RANK: 9161,STAR NO: 16891,EMP NO: F / WHI 31
COUGHLIN, CRAIG RANK: 9161,STAR NO: 3818,EMP NO: M / WHI 39
MOYER, CHRISTOPH RANK: 9161,STAR NO: 11127,EMP NO: M /WHI 38
JANOZIK, VICTORIA 3112 W. 111TH ST CHICAGO, IL 773-238-4822 F / WHI 45
SIMMONS, MARK 3112 W. 111TH ST CHICAGO, IL 773-238-4822 M / BLK 59
BATTISTELLA, JOHN 3112 W. 111TH ST CHICAGO, IL 773-238-4822 M / WHI 43
JOHNSON, WILLIAM 3112 W. 111TH ST CHICAGO, IL 773-238-4822 M / WHI 47
KILROE, DEBORAH CHICAGO, IL F / WHI 46

CPD-44.112-IPRA (Rev. 2/09) Page 1 1033096


SUSTAINED TYPE DATE OF REPORT
SUMMARY REPORT LOG NO
1033096 CR, CONF 26-JUL-2012
CHICAGO POLICE DEPARTMENT

NAME ADDRESS* CITY STATE TELEPHONE SEX/RACE DOB/AGE


PALOS HEIGHTS, IL M / WHI / 23

IF CPD MEMBER, LIST RANK, STAR, EMPLOYEE NOS. IN ADDRESS, PAX/BELL IN TELEPHONE BOX.

ALLEGATIONS
** SEE LAST PAGE FOR INSTRUCTIONS FOR STATING ALLEGATIONS, AND COMPLETING THE REMAINDER OF THE SUMMARY REPORT.

***Please See Page 4***

CPD-44.112-IPRA (Rev. 2/09) Page 2 1033096


INSTRUCTIONS FOR THE SUMMARY REPORT
AFTER COMPLETING THE FORM, CONTINUE THE SUMMARY REPORT ON 81/2 x 11 INCH WHITE PAPER.

ALLEGATIONS

In narrative form, state how, when, where, and by whom the complaint Even though the original allegation(s) may be Unfounded, etc., the
was received. State the date, time, and location where the incident investigation may uncover a violation of serious nature unrelated to the
occurred, and summarize the complaint. If more than one allegation is made, original complaint, in which case disciplinary action should be
enumerate each allegation as follows: recommended for the other violation.
No. 1 (Summarize the allegation) Example: Allegation No. 1. Unfounded
No. 2 (Summarize the allegation) Allegation No. 2. Not Sustained Other violation: Sustained-
Violation of Rule 26, Failure to provide the Department with
2. EVIDENCE a current address and telephone number, in that the
accused related in his statement that he had moved and
Number and attach all statements, reports, and other evidence gathered, obtained a new telephone number and he had failed to
on the lower right hand corner. The Complaint Log number must also be provide this information to the Department.
entered on the lower right hand corner of each attachment. Following are
numbered (EXAMPLES ONLY). SUMMARY OF PREVIOUS DISCIPLINARY ACTIONS and
Attachments: RECORD OF PREVIOUS COMPLIMENTARY HISTORY
No. 1 Face Sheet - Yellow IN SUSTAINED CASES ONLY, copies of the accused members
No. 2 Letter of complaint from victim Summary of Previous Disciplinary Actions and Record of Previous
No. 3 Statement of victim Complimentary History will be included as attachments to the final
No. 4 Statement of witness (give name) investigation report, Refer to the General Order entitled "Complaint and
No. 5 Report of member (give name) Disciplinary Procedures."
No. 6 Statement of member (give name)
No. 7 Progress report of investigator (give name) 5. RECOMMENDATION FOR DISCIPLINARY ACTION
No. 8 Copy of certified letter to reporting party
No. 9 Copy of Alcoholic Influence Report (accused) One (overall) recommendation for disciplinary action will be made by the
No. 10 General Offense Case Report, R.D. investigator. The recommendation will be for all sustained findings;
No. 11 Signed Sworn Affidavit recommendations will not be made for each sustained allegation

Examples: 1. Violation noted, no disciplinary action warranted.


3. INVESTIGATION 2. That the accused member be reprimanded.
3. That the accused member be suspended for days
In narrative form, indicate the fact-finding processes followed 4. That the accused member be separated from the
and the information ascertained as a result of the investigation. Whenever Department.
reference is made to an attachment, indicate the attachment number.
6. DATE INITIATED: (Date complaint was received for investigation)
4. FINDINGS
7. DATE COMPLETED: (Date of this report)
Each allegation must be classified as either of the following:
Unfounded - Exonerated - Not Sustained - Sustained - No Affidavit.
8. ELAPSED TIME: (Total time, expressed in days)
If the classification is "Sustained," indicate the rule number violated, the
context of the rule, and how the rule was violated by the member.
(Investigator)
Example: Allegation No. 1. Unfounded
Rank Name Star No. Unit
Allegation No. 1. Sustained - Violation of Rule 12,
Failure to wear the uniform as prescribed, in that on 27 Feb 84
the accused was found to be wearing a non-prescribed short 9. APPROVALS
sleeve shirt. The investigator will initiate the Command Channel Review form
(CPD-44. 113-A) by completing the Investigator section.
INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1033096
ALLEGATIONS:

On 12 January 2010, at 0923 hours, Lieutenant Thomas McNicholas, #278, Unit 022,
contacted the Independent Police Review Authority, via PAX, and registered this complaint with
Intake Aide Yolanda Toppins, Employee # on behalf of the complainant, Sergeant
Charmane Kielbasa. The complainant alleged that on 12 January 2010, at 0439 hours, in the
vicinity of Police Officer Patrick Kelly, #19397, Unit 009:

1. Was intoxicated while off duty;


2. Failed to secure his weapon;
3. Assaulted Sergeant Kielbasa;
4. Verbally abused Sergeant Kielbasa in that he directed profanity at her and referred
to Sergeant Kielbasa as a "cunt";
5. Brought discredit on the Department, in that he interfered with the Chicago Fire
Department personnel that were attempting to treat and he was
subsequently arrested.

and further alleged in statements to IPRA Investigator


Daniel Kobel, #136, that on 12 January 2010, at approximately 0439 hours, in the vicinity of
Officer Kelly:

6. Shot and
7. Provided false statements to investigating police officers and detectives regarding
this incident when he indicated that shot himself. '

Given professed expertise and knowledge of handguns, his statement and Sworn Affidavit
were considered to be sufficient to fulfill the affidavit requirement for allegations #6 and #7.

Page 4 of 28
INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1033096
INVESTIGATION:

In her Initiation Report dated 12 January 2010, Sergeant Charmane Kielbasa, #2124,
reported that she responded to for a call of a Person Shot. Sergeant Kielbasa
arrived on the scene and found that Chicago Fire Department Ambulance #17 was on the scene
and the shooting victim, was inside the ambulance. Police Officer Patrick
Kelly, #19397, was on the scene and appeared to be highly intoxicated. Officer Kelly related
that shot himself with Officer Kelly's duty weapon. Officer Kelly then became
belligerent and irate with Sergeant Kielbasa. Sergeant Kielbasa asked Officer Kelly to step away
from the ambulance and Officer Kelly started swearing and yelling at Sergeant Kielbasa. Officer
Kelly told Sergeant Kielbasa words to the effect of, "I'm going to ride in the ambulance, fuck
you." Sergeant Kielbasa asked Officer Kelly to step away from the ambulance again and Officer
Kelly came at Sergeant Kielbasa while swinging his arms. Officer Kelly's actions placed
Sergeant Kielbasa in fear of receiving a Battery. Officer Vela, #5566, Officer Montes De Oca,
#13370, Officer Kosur, #13811, and Officer Coyne, #15069, assisted Sergeant Kielbasa by
performing an emergency take down. Officer Kelly was placed into custody and transported to
Area 2. (Att. 4)

In a Synoptic Report, Sergeant Ray Broderdorf, #1125, Unit 121, reported that he
responded to Area 2 regarding an attempted suicide by a non-department member who used
Officer Kelly's firearm. The subsequent investigation of the incident revealed that Officer Kelly
was intoxicated and failed to secure his duty firearm. Sergeant Broderdorf reported that Officer
Kelly called 911 at approximately 0437 hours on 12 January 2010 and reported a person shot.
CFD Ambulance #17 responded as did on duty officers from the 022" District. The victim,
was placed in the ambulance and made ready for transport. Officer Kelly
attempted to enter the ambulance to accompany the victim to Christ hospital. Officer Kelly was
told that he could not leave the scene at that time because of the criminal investigation at the
crime scene. Sergeant Kielbasa described Officer Kelly as highly intoxicated. Officer Kelly
became confrontational with Sergeant Kielbasa, who was on duty and in uniform. Officer Kelly
told Sergeant Kielbasa, "Fuck you, I am going with my friend." Officer Kelly swung his arms
and advanced toward Sergeant Kielbasa, placing her in fear of receiving a Battery. Officer Kelly
had to be restrained and was arrested. It was also determined that used Officer
Kelly's firearm to shoot himself in the head. Officer Kelly was transported to Area 2 as the
detectives conducted the criminal investigation. It was determined that Officer Kelly would be
arrested for Assault. Officer Kelly was given a breath test that resulted in a BAC of .093 at 1217
hours. Officer Kelly was relieved of his police powers and ordered to appear at the Internal
Affairs Division on 13 January 2010 at 1000 hours for reassignment and to produce his Bond
slip. Officer Kelly was provided with Employee Assistance Program information. (Att. 35)

In a statement with IPRA on 25 January 2010, the complainant Sergeant Charmane


Kielbasa, #2124, Unit 022, stated that on 12 January 2010, at approximately 0439 hours, in the
vicinity of she responded to a Person Shot call. Sergeant Kielbasa stated
that she was in uniform. Sergeant Kielbasa indicated that the Office of Emergency Management
and Communication notified the officers that an off-duty officer called in the person shot. When
Sergeant Kielbasa arrived at the scene, Officer Kelly was by the back of the ambulance.
Sergeant Kielbasa stated that she remembered that Officer Kosur and Officer Coyne were at the
back of the ambulance. Officer Kelly was pounding on the back of the ambulance and Officer

Page 5 of 28
INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1033096
Kosur and Officer Coyne were trying to tell Officer Kelly to relax. Sergeant Kielbasa walked up
and told Officer Kelly to relax. Officer Kelly told Sergeant Kielbasa "Fuck you" and said words
to the effect of that is my friend in there and I am going in the ambulance. Sergeant Kielbasa
asked Officer Kelly for his friend's name and Officer Kelly yelled the name
Sergeant Kielbasa asked Officer Kelly if was a police officer and Officer Kelly
replied that he was not. One of the police officers on the scene told Officer Kelly, "Relax, that's
a white shirt you're talking to" indicating Sergeant Kielbasa. Officer Kelly responded, "I don't
give a fuck who she is, fucking cunt bitch, I want in the ambulance." Officer Kelly continued to
attempt to get into the ambulance. Sergeant Kielbasa stated that unknown officers told her later
at the Area, that Officer Kelly bounced into her but she did not remember that happening.
Sergeant Kielbasa took out her handcuffs at some point and Officer Kelly raised his hand like he
was going to hit her at some point, but Sergeant Kielbasa did not recall which happened first.
Officers on the scene performed an Emergency Takedown on Officer Kelly. Officer Kelly kept
his arms under his body and resisted the on duty officers' efforts to handcuff him. The officers
were able to eventually handcuff Officer Kelly and they brought him to Officer Kosur and
Officer Coyne's squad car. Officer Kelly kicked at the windows of the squad car while he was
inside it. Sergeant Kielbasa stated that Officer Kelly was belligerent, combative, and smelled of
alcohol. Sergeant Kielbasa stated that she did not enter the residence at because
she saw blood on the floor and she did not want to disturb the scene. (Att. 59)

In a statement to IPRA on 15 January 2010, Complainant stated that


he did not witness the incident. stated that his nephew, was
drinking with Officer Kelly at local bars. and Officer Kelly returned to Officer
Kelly's residence and continued to drink. was struck on the left side of his
head with a round fired from Officer Kelly's duty weapon. stated that his
nephew is right-handed. was brought to Christ Hospital for treatment of his
injury. Officer Kelly also showed up at Christ Hospital and spoke with
brother, stated that he did not have any first hand
knowledge of the incident but he declined to identify where he obtained his information so that
he would not inadvertently mis-identify a source. stated that it was his belief
that Officer Kelly discharged his weapon and struck (Att. 18)

In a statement to IPRA on 15 January 2010, Complainant stated that


he did not witness the incident. identified himself as uncle.
stated that father, Sr, asked to speak
with a detective. spoke with a detective, who identified as "
Webber." Detective Webber told that and Officer Kelly were
drinking heavily together. Detective Webber continued that Officer Kelly went to the washroom
at his house. When Officer Kelly got out of the washroom, he saw that had
somehow gotten his hands on Officer Kelly's weapon. cocked the hammer of
Officer Kelly's weapon, put the gun to his head, and pulled the trigger. Officer Kelly tried to
stop but he was not successful. asked where
injury was and Detective Webber stated that it was above left ear.
had seen injury earlier and stated that it was about three inches behind and
one inch above left ear. asked Detective Webber about the
discrepancy between where he saw injury was and where Detective Webber
told him it was. Detective Webber told that was mistaken about the location

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of the injury. provided his opinion that the account provided by Detective Webber
was improbable. stated that he had experience with firearms and knew that the model
of Sig Sauer that was involved would not fire if the muzzle was pressed against
head as Detective Webber described. stated that he had a Federal Firearm
License approximately 10 to 15 years ago and is familiar with the Sig Sauer 9mm. (Att. 26)

In a statement to IPRA on 15 January 2010, Complainant stated


that he did not witness the incident. is brother.
stated that he had known Officer Kelly for approximately ten years at the
time of the incident. stated that he went to high school and college with
Officer Kelly. was with on 11 January 2010 when the
two were celebrating their father's birthday. After the celebration, left to go to
Officer Kelly's residence and did not see his brother again.

received a telephone call from his father at approximately 0550


hours. father told that was at Christ Hospital.
went to the hospital and was later asked to identify his brother.
stated that he observed an injury to the left rear area of head.

On 13 January 2010, Officer Kelly went to Christ Hospital and


spoke with him there. told Officer Kelly that he did not think it was
appropriate for Officer Kelly to be there. and Officer Kelly went to the
parking garage to smoke a cigarette and the two talked there. Officer Kelly told
that had been depressed and said "stupid shit sometimes..."
answered that he did not know and Officer Kelly said, "You know he's on Vicodin and
stuff like that." then asked Officer Kelly what happened and Officer Kelly
stated, "I was sitting in the front room and then he went to the bathroom and then the dog...and I
got up and I went and checked on your brother, and your brother was standing there, with the
gun, and, you know, I heard it go 'click' once and then I looked and he clicked it again and it
went off" became emotional at that time and Officer Kelly asked again to
speak with Sr. said that he did not think that was a good
idea and went upstairs to tell Officer Kelly's father that Officer Kelly was ready to leave. (Att.
23, 61, 187)

In a statement to IPRA on 15 January 2010, Witness stated that he did


not witness the incident. stated that he encountered his cousin at
Brewbaker's Bar. met Officer Kelly for the first time at that time.
was intoxicated but did not know if Officer Kelly was intoxicated because
he had just met Officer Kelly. When the men left Brewbaker's Bar, Officer Kelly drove
truck to Officer Kelly's house and drove truck to
father's house. then drove his own vehicle home.
stated that he did not ever enter Officer Kelly's residence. called
cell phone to tell where his keys were. did not
answer. learned later that had sustained a gunshot wound to the
head but did not witness that injury. (Att. 30, 63)

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Attorney informed Investigator Daniel Kobel during a telephone call on 22
April 2010, that it was not clear that would ever be capable of providing a
statement regarding the incident. (Att. 161)

During a telephone call on 11 June 2012, Attorney confirmed that


cannot provide a statement regarding this incident. (Att. 188)

In a statement with IPRA on 12 March 2010, Witness Chicago Fire Department


Paramedic in Charge Victoria Janozik stated that she responded to the scene of the incident
with her partner, Paramedic Deborah Kilroe. The paramedics knocked on the door of the
residence in order to get the attention of a man inside the residence so that he could put away a
large dog that was inside the house. The man, now known to be Police Officer Patrick Kelly, put
the dog away then returned to open the door. The paramedics entered the residence and
Paramedic Janozik observed a black semi automatic handgun on the floor near a man that was
lying on the floor of the house. The man on the floor, now known to be had a
large pool of blood and brain matter on the floor around his head. Paramedic Kilroe told
Paramedic Janozik that was still breathing. Officer Kelly started to yell at the
paramedics at about the same time that firefighters from Engine 92 arrived and entered the
house. The ambulance crew prepared to put onto a "stair chair" to get him into
their ambulance. At that point, Officer Kelly yelled things like, "he's breathing!" and "he's
alive!" On duty police officers that had arrived on the scene had to restrain Officer Kelly. The
ambulance crew brought to the ambulance and Officer Kelly pounded on the
back door of the ambulance, trying to get inside. Paramedic Janozik stated that once
was inside the ambulance, they remained on the scene another six to seven minutes before
they left. Paramedic Janozik stated that she thought that Officer Kelly was intoxicated because
he smelled of alcohol and he was very belligerent. (Att. 145)

In a statement with IPRA on 14 November 2011, Witness Chicago Fire Department


Paramedic Deborah Kilroe provided a statement that was consistent with the account provided
by her partner, Victoria Janozik. Paramedic Kilroe stated that as she was preparing to set up the
"stair chair" to transport Officer Kelly charged at her. Paramedic Kilroe
added that she was afraid Officer Kelly was going to hit her at this point. Paramedic Kilroe
described Officer Kelly as being intoxicated in that he was "loud and obnoxious," and that he
walked with an unsteady gait. (Att. 176, 177)

In a statement with IPRA on 12 March 2010, Witness Chicago Fire Department


Firefighter Mark Simmons stated that he was working on Engine 92 and he responded to the
scene of the incident. Firefighter Simmons stated that he entered the residence at
behind the crew of Ambulance 17 and in front of unknown Chicago Police Officers. A white
male subject, now known to be was on the floor of the residence.
had a "halo" of blood around his head and a firearm about 1 to 2 feet away from him. A
second male white subject, now known to be Officer Kelly, was inside the residence, identified
himself as an off-duty police officer and stated that his friend had shot himself. Officer Kelly
continued to yell at the ambulance crew and the firefighters. Officer Kelly had to be restrained
by the on-duty officers. Firefighter Simmons stated that at one point after had
been moved outside, Officer Kelly directed profanity at a female uniformed sergeant on the
scene. (Att. 147)

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In a statement with IPRA on 12 March 2010, Witness Chicago Fire Department


Firefighter/Emergency Medical Technician John Battistella provided an account of the
incident consistent with the account provided by Firefighter Mark Simmons. Firefighter
Battistella added that he used his foot to slide the firearm further away from the off-duty police
officer, now identified as Officer Kelly. Firefighter Battistella also added that Officer Kelly was
within an arm's length of an on-duty white female uniformed sergeant when he yelled at her.
Firefighter Battistella stated that he witnessed on-duty officers tackle Officer Kelly to the ground
and handcuff him. (Att. 149)

In a statement with IPRA on 12 March 2010, Witness Chicago Fire Department


Firefighter William Johnson provided an account of the incident that was consistent with the
accounts provided by Firefighter Simmons and Firefighter/EMT Battistella. Firefighter Johnson
stated that Officer Kelly was inside the residence and appeared to be intoxicated because he
slurred his speech and stumbled. Firefighter Johnson stated that he saw that Officer Kelly had
been arrested, but Firefighter Johnson did not see why he had been arrested. (Att. 151)

A Canvass of the vicinity of the incident produced no additional witnesses or


information. (Art. 15, 16, 32, 34)

A Chicago Fire Department Ambulance Incident Detail indicated that Ambulance #17
was dispatched at 0438 hours, arrived at the scene at 0442 hours, and left the scene at 0457
hours. The narrative of the incident detail reported that the ambulance crew responded to treat a
gunshot victim. A dog at the door kept the paramedics outside until a man inside the house put
the dog away. The paramedics found an unresponsive patient on the floor with a single gunshot
wound to the left side of his head and surrounded by a large area of blood and brain matter. A
black handgun was four feet from the patient's feet. After the paramedics had been treating the
patient for about twenty seconds, the man that let them into the house began to storm the
paramedics. CPD officers were able to restrain the man so that the paramedics could bring the
patient outside. The ambulance crew brought the patient outside and into the ambulance. The
man then beat on the door and screamed at the crew. After approximately one to two minutes,
CPD officers got the man away from the ambulance. (Att. 8)

Medical Records relative to stay at Christ Hospital indicated that


was treated for a gunshot wound to the left side of his head. Several reports from
consulting physicians describe the injury as self-inflicted but surgical reports, discharge and
admission paperwork and some consultations do not describe the injury as self-inflicted. The
reports that do not refer to injury as self-inflicted simply describe it a gunshot
wound. was non-verbal during his stay at Christ Hospital and infections complicated
his recovery. was discharged from Christ Hospital on 25 March 2010 in stable
condition. The discharge paperwork also indicated that he needed Physical and Occupational
Therapy. (Att. 162)
During a telephone call on 18 April 2012, Radiologist Daniel told
Investigator Kobel that injuries were consistent with a single gunshot wound
to the head. Dr. stated that the bullet ricocheted inside skull and
that the bullet also fragmented inside brain at some point. (Att. 184, 185)

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OEMC Transmissions indicated that Officer Kelly placed several telephone calls to 911.
During Officer Kelly's initial call, he first requested a sergeant and said that his friend had
committed suicide. The call-taker transferred Officer Kelly's call to a Fire Department
dispatcher without acknowledging his request for a sergeant. Officer Kelly stated that his friend
was dead and then realized that he was breathing. Officer Kelly frequently used profanity and
disregarded questions from the call-taker and dispatcher during the calls. Officer Kelly called
the first time at 04:35:58 hours. Officer Kelly called a second time demanding an ambulance at
04:40:00 hours. (Att. 67, 68, 74-127, 175, 186)

A Crime Scene Processing Report dated 12 January 2010, documented that Officer
Kelly's weapon, a Sig Sauer Model P226, 9mm, semi automatic pistol with a 4" barrel and a
stainless steel and black finish, was recovered with a fired cartridge casing in the firing chamber
and a fully loaded 15 round capacity magazine in the weapon. Evidence Technicians also
recovered and inventoried a black "Don Hume" holster, blood swabs, two hair samples, five
bottles of beer, a gunshot residue collection kit, a blue shirt, a green shirt, a pair of jeans, a pair
of socks, and a pair of briefs. (Att. 69)

A report from the Illinois State Police Division of Forensic Services Forensic Science
Center at Chicago dated 22 January 2010, indicated that upon examination of a Sig Sauer pistol
(serial # U687453), blood was present on the pistol.2 (Att. 66)

A report from the Illinois State Police Division of Forensic Services Forensic Science
Center at Chicago dated 01 February 2010 indicated that Officer Kelly's weapon was
examined, found to be in firing condition, and test fired.3 (Att. 130)

A report from the Illinois State Police Division of Forensic Services Forensic Science
Center at Chicago dated 21 January 2010 indicated that testing of an Illinois State Police
Scanning Electron Microscope/Gunshot Residue (ISP SEM/GSR) kit recovered from Patrick
Kelly revealed that the analysis of samples from Officer Kelly's right and left hand contained
particles characteristic of background samples. According to the report, those results indicated
that "Patrick Kelly may not have discharged a firearm with either hand. If he did discharge a
firearm, then the particles were removed by activity, were not deposited, or were not detected by
the procedure."

A blue shirt recovered from Officer Kelly was also submitted for primer gunshot residue
(PGSR) analysis. Samples from the right and left cuffs of the blue shirt were also tested and
contained particles characteristic of background samples. According to the report, those results
indicated that "the sampled areas of the blue shirt may not have contacted a PGSR related item
or may not have been in the environment of a discharged firearm. If they were, then the particles
were not deposited, were removed by activity, or were not detected by the procedure."

A green shirt, a pair of blue jeans, and a pair of grey shoes were not analyzed. (Att. 159)

The pistol was received by the Forensic Service Center under Inventory number 11896993. The serial number of
the pistol is that of a pistol registered to Officer Kelly. See Attachments 42 and 69.

Additional items submitted for examination were: 15 unfired cartridges, one fired cartridge case, and one
magazine. It was determined that the fired cartridge case had been fired from Officer Kelly's firearm.

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A green shirt, a pair of blue jeans, and a pair of grey shoes were not analyzed. (Att. 159)

A report from the Illinois State Police Division of Forensic Services Forensic Science
Center at Chicago dated 24 February 2010 reported that testing of an ISP SEM/GSR kit
recovered from two shirts recovered from indicated that sampled areas of a
blue short-sleeved shirttnay not have contacted a PGSR related item or may not have been in the
environment of a discharged firearm. If they were, particles were not deposited, were removed
by activity, or were not detected by the procedure:' Testing of the right cuff of a green long-
sleeved shirt indicated that ittontacted a PGSR related item or was in the environment of a
discharged firearm!' (Att. 160)

A report from the Illinois State Police Division of Forensic Services Forensic Science
Center at Chicago dated 20 October 2010 indicated that five beer bottles, one pistol, one
discharged cartridge casing, fifteen live cartridges, and one magazine were examined for latent
fingerprints. Examination of the beer bottles revealed latent impressions suitable for
comparison. Four of the latent impressions were made by Officer Kelly and one of the latent
impressions was made by An additional latent impression did not match
fingerprint cards for Officer Kelly or Examination of the pistol, the
discharged cartridge casing, fifteen live cartridges, and the magazine did not reveal any latent
impressions suitable for comparison. (Att. 174)

During a telephone call on 11 April 2012, Forensic Scientist Kurt Murray told
Investigator Kobel that he could not make a statement regarding features on a specific weapon
due to multiple variants possible even in weapons with the same model numbers. When asked
about the possibility that Officer Kellys weapon would not discharge if it were placed against
head (as alleged by Witness Forensic Scientist Murray
stated that he could not speculate about that possibility without re-examining Officer Kellys
weapon. Forensic Scientist Murray did state that some variants of the Sig Sauer P226 include a
`Stand Off feature that would function as described by Witness (Att. 183)

A report from the Illinois State Police Division of Forensic Services Forensic Science
Center at Chicago dated 22 May 2012, indicated that Officer Kelly's weapon was re-examined.
The re-examination determined that the weapon did not have any"additional parts/devices
attached to it that function solely as a 'stand off device:' (Att. 189)

In a telephone call on 31 July 2012, Forensic Scientist Kurt Murray told Investigator
Kobel that, although there was no part/device on Officer Kelly's weapon that functioned solely as
attand off device, the recoil spring guide could take the weapon out of battery if it was the
primary point of contact of the weapon with a solid surface. Scientist Murray also stated that if
the recoil spring guide was not the primary point of contact, the weapon would not fire if the
slide was moved back a distance of approximately 1/16th of an inch to 118th of an inch. (Att. 196)

Evidence Technician Photographs depict the interior and exterior of Patrick Kellys
residence at Additional photographs depict Officer Kellys handgun and a
holster on the floor of the residence. Photographs depict with bandaged
injuries and intubated in a hospital bed. Photographs also depict Officer Kelly inside what
appears to be an interview room in a Chicago Police District Station. (Att. 70-73)

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According to the Arrest Report (Central Booking # 17768758) and Case Report
(Records Division # HS 116 069), Patrick Kelly was arrested 12 January 2010 for Simple
Assault against Sergeant Kielbasa. The Incident Narrative section of the Arrest and Case
Reports indicated that Officer Kelly was highly intoxicated, belligerent and very irate. Officer
Kelly began to swing his arm placing Sergeant Kielbasa in fear of receiving a Battery. Officers
Montes De Oca, Kosur, Coyne, and Vela used Emergency Takedown techniques in response to
Officer Kelly's actions. Officer Kelly was taken into custody and transported to Area 2 for
questioning. According to the Lockup Keeper Processing section of the Arrest Report, Officer
Kelly was received into the lockup at 1231 hours and at that time he did not show any signs of
being under the influence of alcohol/drugs. (Att. 5, 6)

Sergeant Kielbasa, Officers Coyne, Kosur, Montes De Oca, and Vela completed Tactical
Response Reports (TRR) regarding their contact with Officer Kelly. Sergeant Kielbasa also
completed an Officer's Battery Report (OBR). Sergeant Kielbasa and Officer Coyne both
described Officer Kelly as an Assailant: Assault in that Officer Kelly presented an imminent
threat of a battery, did not follow verbal direction, stiffened, and pulled away. Sergeant Kielbasa
responded with her presence and verbal commands. Officer Coyne responded with Escort
Holds, Wristlock, Member Presence, Verbal Command, and Takedown/Emergency Handcuffing
techniques. Officers Kosur, Montes De Oca, and Vela all described Officer Kelly as an Active
Resister in that he Pulled Away, Stiffened, and Did Not Follow Verbal Commands. Each officer
responded with Verbal Direction, Member Presence, and Takedown/Emergency Handcuffing
techniques. Officer Vela also reported that he controlled Officer Kelly's legs. Officer Montes De
Oca also used Escort Holds, Wristlock, and an Armbar. Sergeant Kielbasds OBR indicated that
she did not sustain any injuries as a result of this incident. (Att. 9-14)

The Detective Supplementary Report indicated that the assigned detectives were
assigned to their case as an Attempt Suicide investigation. The detectives learned that
shot himself in the head with a handgun that belonged to Officer Kelly. CFD
Ambulance #17 brought to Christ Hospital. 22nd District police personnel
responded to the scene and requested detectives and crime scene personnel be assigned to the
scene. The detectives examined the scene of the incident and observed the physical evidence.
The detectives interviewed Officer Szymanski and Officer Coyne who related essentially the
same facts as listed in their Case Report. Sergeant Kielbasa told detectives that Officer Kelly
was highly irate and uncooperative, and that he had been placed into custody for assaulting
responding officers. The detectives requested that two Forensic Investigators respond to a gun
shot residue test on Officer Kelly. The detectives reported that Officer Kelly's handgun had a
spent cartridge casing in the chamber of the weapon. The detectives interviewed several
witnesses to the incident. The detectives first interviewed 9th District Police Officer Allyson
Bogdalek.

Officer Bogdalek told detectives that she was off-duty and her co-worker, who was also
off-duty, Officer April Janiszewski, picked her up and they drove to McNallys Bar at 112th and
Western. Officers Bogdalek and Janiszewski arrived at McNally's at approximately 0001 hours
on 12 January 2010. Officers Bogdalek and Janiszewski met other 9th District police officers,
Officers Craig Coughlin, Chris Moyer, and Patrick Kelly. Officer Bogdalek stated that she also
met a friend of Officer Kelly's whose name she did not recall. Officer Bogdalek described

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Officer Kelly's friend as a white male with a medium to large build, approximately 30 years old
wearing a green T-shirt with` Recycld'on the front and a pair of jeans. The group then went
from McNally's Bar to Brewbakees Bar at 104th and Western. The group hung out at Brewbakefs
for a short time and she and the others left around 0330 hours. Officer Bogdalek was not certain
if Officer Kelly and his friend left. Officer Bogdalek did not think that Officer Kelly or his
friend were intoxicated and everything appeared to be fine throughout the night.

The detectives interviewed brother,


stated that he was at his parents' house for dinner with until
left at approximately 2200 hours to go to Officer Kelly's house.
described and Officer Kelly as friends since childhood and former college
roommates. was unaware of any depression or domestic or personal
problems in his brother's life. and his father, Sr., told
detectives that was ambidextrous but favored his left hand when writing.

The detectives interviewed Officer Kelly. Sergeant J. Pelligreni, the 2" Watch
coordinator, had de-activated the video recording equipment in the interview room as
`Circumstances thus far indicated the wound sustained was most likely self
inflicted!' Officer Kelly requested an attorney and attorney and Fraternal Order of
Police Representative J. Bailey sat in during the interview. Officer Kelly did not answer
questions regarding his actions outside his residence but did answer questions regarding
injury. Officer Kelly told detectives that he was at his residence with
on the date of the incident. had previously told Officer Kelly about personal
problems involving his girlfriend, his unemployment, his use of painkillers, and a broken neck
that had sustained. Officer Kelly stated that went into
Officer Kelly's bedroom to pet Officer Kelly's dog. Officer Kelly told detectives that he did not
remember exactly where he had his gun in his bedroom. After a short time, Officer Kelly
entered the bedroom as exited the room. Officer Kelly turned and saw
holding Officer Kelly's handgun in his left hand and pressed to the left side of his head.
pulled the trigger and the gun did not discharge. laughed and
pulled the trigger again. The gun discharged and fell to the floor. Officer
Kelly called 911 to request medical attention for The interview was
terminated at this point.

The detectives interviewed a friend of named


did not witness the incident but was interviewed for insight into life
and possible motivation for a suicide attempt. stated that would get
`extremely depressed during a girlfriend breakurr and that would make
comments about wanting to"end it'when he drank during such times. also stated that
and his father were constantly fighting. stated that
father would hire and fire and would likewise quit his job
with his father then go back when needed money.

The detectives interviewed Officer Janiszewski, Officer Couglin, and Officer Moyer.
Officers Couglin and Moyer stated that they had never met before the night of
the incident. The detectives supplementary report did not record if Officer Janiszewski had met
on the night of the incident or before then. Officer Moyer added that Officer

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Kelly told him that had broken his neck and suffered from chronic pain.
Officer Coughlin also told detectives that both Officer Kelly and told him that
had broken his neck and that the painful injury had caused him to be out of
work recently.

Finally, the detectives interviewed La Portds girlfriend, did


not witness the incident and provided background information regarding La Pords
mental state and the problems that she and are experiencing in their relationship.
stated that. had neck surgery in 2007 and has lived in constant pain since then.
told detectives that took Vicodin for pain and steroids for strength.
added that she and have had domestic problems recently due to her
dependency on a prescription sleep aid. had recently sent a text
message stating that he was leaving her due to her drug use. added that
worked 10 to 14 hours a day performing manual labor which did not help his chronic pain.
added that had never said anything to her about hurting or injuring
himself. (Att. 133)

According to an Alcohol/Drug Influence Report, Officer Patrick Kelly was given a


Breathalyzer test at 1217 hours on 12 January 2010 at the 005th District Police Station by
Sergeant Ray Broderdorf, #1125, Unit 121. Sergeant Broderdorf noted that Officer Kelly had a
slight odor of alcohol on his breath at that time. The Breathalyzer results indicated that, at 1219
hours, Officer Kelly's Blood Alcohol Content (B.A.C.) was .093g/210L. (Att. 44, 53)

A Back Extrapolation calculation dated 22 January 2010 and completed by Dr. A. Karl
Larsen, Jr of the Illinois State Police—Division of Forensic Services, Forensic Science Center—
Chicago, indicated that Officer Kelly's Blood Alcohol Content at the time of the incident was
between .169 g/dL and .246 g/dL. (Att. 60)

In a statement with IPRA on 21 January 2010, Police Officer Craig Coughlin, #3818,
stated that he was off-duty at the time of the incident. Officer Coughlin stated that he worked
with Officer Kelly on the 9th District Tactical team but Officer Kelly was recently transferred off
of the Tactical team to work midnights. Officer Coughlin stated that he was friends with Officer
Kelly. Officer Coughlin stated that he is also friends through work with Officer Bogdalek,
Officer Janiszewski and Officer Moyer. Officer Coughlin stated that he had not met
before the date of the incident. Officer Kelly had spoken to Officer Coughlin previously
about a friend of Officer Kelly's that had broken his neck or his back at work. Officer Coughlin
could not recall who decided to go out that night or who invited Officer Kelly. Officer Coughlin
stated that he does not regularly go to McNallYs Bar or to Brewbake?s Bar, but he has been to
both bars before. Officer Coughlin did not know how much anyone else had to drink but he
stated that he had two to three 12oz. bottles of beer throughout the night. Officer Coughlin went
to McNally's by himself, left McNally's, and drove himself to Brewbakei's Bar as well. Officer
Coughlin stated that, while at Brewbakei's, he played bean bags with and the
two talked briefly. Officer Coughlin spoke with about the injury to La
Ports neck and his problems with his girlfriend. Officer Coughlin did not recall if
or Officer Kelly were intoxicated and did not recall anything unusual about either maxis
behavior. Officer Coughlin stated that he left after the bean bag game, as did Officer Bogdalek
and Officer Janiszewski. Officer Coughlin then went home alone. Officer Coughlin stated that

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he has been out socially with Officer Kelly in the past and does not know if Officer Kelly carries
a weapon while he is off-duty. Officer Coughlin did not have any further contact with Officer
Kelly or on the date of the incident. (Att. 56)

In a statement with IPRA on 21 January 2010, Police Officer Christopher Moyer,


#11127, stated that he was off-duty at the time of the incident. Officer Moyer stated that he met
Officer Kelly approximately two months before his statement. Officer Moyer stated that he
knows Officer Coughlin from work and that Officer Janiszewski is his regular partner. Officer
Moyer stated that that he does not know Officer Bogdalek, but he knows that Officer Janiszewski
and Officer Bogdalek are friends. Officer Moyer met for the first time on the
date of the incident. Officer Moyer stated that he had been in several social situations with
Officer Kelly. Officer Moyer did not know if Officer Kelly typically carries a weapon while he
is off-duty. Officer Moyer was unaware if Officer Kelly had his weapon on his person while
they were at the bars. Officer Moyer did not know if Officer Kelly or were
intoxicated on the date of the incident. Officer Moyer stated that he did not observe any unusual
behavior from either Officer Kelly or on the night of the incident. Officer
Moyer stated that he drank three to four beers throughout the course of the night. Officer Moyer
did not speak with during the night except to greet him. While they were at
McNally's on the night of the incident, Officer Kelly told Officer Moyer that
had hurt his neck but Officer Moyer did not know any details of the injury. (Att. 55)

In a statement with IPRA on 21 January 2010, Police Officer April Janiszewski,


#16891, stated that she was off-duty at the time of the incident. Officer Janiszewski stated that
she had not met before the night of the incident. Officer Janiszewski stated
that she knows Officers Kelly, Coughlin and Moyer from work and that Officer Bogdalek is a
close friend. Officer Janiszewski stated that she had approximately three to four bottles of beer
throughout the night, but she did not know how much anyone else had to drink. Officer
Janiszewski stated that she picked Officer Bogdalek up at her residence and drove her to
McNally's and then Brewbakefs. Officer Kelly and were at McNally's when
Officer Janiszewski and Officer Bogdalek arrived. Officer Janiszewski did not see Officer Kelly
with a weapon at the bar. Officer Janiszewski stated that she did not observe any unusual
behavior from or Officer Kelly and they did not show any signs of
intoxication. (Att. 57)

In a statement with IPRA on 21 January 2010, Police Officer Allyson Bogdalek,


#18598, stated that she was off-duty at the time of the incident. Officer Bogdalek stated that she
is friends with Officer Kelly and has also taken care of his dog for him. Officer Bogdalek stated
that she first met on the night of the incident. Officer Kelly did not discuss
before the night of the incident. Officer Bogdalek went to McNally's with
Officer Janiszewski. Officer Bogdalek drank two or three bottles of beer while she was at
McNally's. When McNally's was closing, the group decided to continue on to Brewbakefs.
Officer Bogdalek and Officer Janiszewski went together. Officer Bogdalek stated that the men
in the group played bean bags and she talked with Officer Janiszewski. Officer Bogdalek stated
that she had one beer at Brewbakefs before she and Officer Janiszewski decided to go home.
Officer Bogdalek stated that she was home and she received a telephone call from Officer
Caufield, who was working at the 9th District on midnights. Officer Caufield told Officer
Bogdalek that something occurred at Officer Kelly's house and that she should go there. Officer

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Bogdalek went to Officer Kelly's home. Officer Bogdalek stated that she did not see an
ambulance on the scene when she arrived. Officer Bogdalek also stated that she did not see or
speak to Officer Kelly on the scene, but she did see detectives speaking to someone that she
assumed was Officer Kelly in the back of a squad car. Officer Bogdalek spoke with either a
supervisor or a detective at the scene and that person informed her that someone had been shot at
Officer Kelly's residence but it was not Officer Kelly or a police officer. (Att. 58)

In a statement with IPRA on 11 February 2010, witness Lieutenant Thomas


McNicholas, #278, stated that he was assigned as the 22nd District Watch Commander on the 2nd
Watch on the date of the incident. Lieutenant McNicholas stated that he had heard of Officer
Kelly from a previous Complaint Register investigation involving a fight in a bar between
Officer Kelly and another police officer. Lieutenant McNicholas said that he does not know
Officer Kelly personally. Lieutenant McNicholas stated that he learned of the shooting at
Officer Kelly's residence from the 1st Watch Watch Commander, Captain Lipman. Lieutenant
McNicholas decided to respond to the"Person Shot calrin case it involved a fatality. As
Lieutenant McNicholas left the 22nd District Station, Captain Lipman told him that the incident
involved an off-duty police officer, now known to be Officer Kelly.

When Lieutenant McNicholas arrived at the scene, he spoke with Sergeant Kielbasa, who
apprised him of the situation. Sergeant Kielbasa informed Lieutenant McNicholas that Officer
Kelly's weapon discharged and his friend was struck in the head. Sergeant Kielbasa stated that it
was unclear what had happened and who had discharged the weapon. Lieutenant McNicholas
told Sergeant Kielbasa to handle the scene as if Officer Kelly had discharged his weapon, as that
would ensure the most secure and most complete investigation of the incident.

Sergeant Kielbasa also told Lieutenant McNicholas that Officer Kelly had attempted to
attack Sergeant Kielbasa and four officers tackled him to the ground and taken him into custody.
Lieutenant McNicholas stated that Sergeant Kielbasa told him that Officer Kelly had been
banging on the back of the ambulance. Sergeant Kielbasa told Officer Kelly to back off and
Officer Kelly repeatedly refused. After Sergeant Kielbasa told Officer Kelly to back off for the
third time, he charged her with his arms raised. Sergeant Kielbasa told Lieutenant McNicholas
that she thought Officer Kelly was intoxicated. Sergeant Kielbasa also stated that Officer Kelly
directed profanity at her once or twice and that he had called her efucicing cunt!'

Officer Kelly refused to speak with anyone else on the scene besides Lieutenant
McNicholas. When Officer Kelly spoke with Lieutenant McNicholas, he only inquired about his
friend. Lieutenant McNicholas stated that Officer Kelly appeared intoxicated based on his
changing demeanor, disheveled clothing, and flushed face.

Lieutenant McNicholas stated that there was a large pool of congealed blood on the floor
of Officer Kelly's residence. A handgun and holster were next to the pool of blood. Lieutenant
McNicholas was not sure, but thought that the handgun was not in the holster. Lieutenant
McNicholas saw pieces of scalp and brain tissue on the south wall of the residence. There were
some bloody footprints on the floor of the residence as well. Lieutenant McNicholas stated that
due to the location of the footprints, the footprints appeared to be from the ambulance crew.
Lieutenant McNicholas entered the residence with Sergeant Kielbasa. One to two officers were
inside but Lieutenant McNicholas did not recall which officers were inside. No other people

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were inside the residence. Lieutenant McNicholas stated that he did not have any contact with
Officer Kelly at Area 2. (Att. 128)

In a statement with IPRA on 09 February 2010, Witness Police Officer Raymond


Collins, #3598, stated that he was assigned to Beat 2211R with Police Officer Robert De Gasso,
#12506. Officer Collins stated that his Beat was assigned to the Person Shot call and that they
were informed at that time that an off-duty officer was involved. When they arrived at the scene,
they saw an ambulance crew inside the residence working on a victim. Officer Collins saw a gun
on the floor. Officer Collins stated that Officer Kelly was inside the residence, yelling, shouting,
and trying to push past a firefighter that was holding him back. Officer Collins went to restrain
Officer Kelly while Officer De Gasso stood over the gun. Officer Collins had his back to the
gun and did not see what Officer De Gasso did. Officer Collins smelled alcohol on Officer
Kelly's breath. The paramedics that were treating the victim said that they wanted to bring the
victim outside. Once the victim was outside, Officer Kelly seemed to calm down and went
outside with other officers. Officer De Gasso and Officer Collins secured the residence and
made sure the other emergency personnel went outside. Officer Collins went to the front porch
and made sure no one entered the residence until detectives arrived. Officer Collins saw that
Officer Kelly tried to get into the ambulance and Sergeant Kielbasa advised him to let the
paramedics work on the victim. Officer Collins heard Officer Kelly call Sergeant Kielbasa a
`fucking cunt' and tell her)/atire nobody, fuck you!' At that point, Officer De Gasso called Officer
Collins and Officer Collins turned his head. When Officer Collins looked back, Officer Kelly
was on the ground with five or six officers attempting to restrain him. Eventually, an unknown
officer was able to handcuff Officer Kelly. Officer Collins assumed that Officer Kelly was
placed in a squad car but he did not see that as he was distracted by an unknown white female
subject who identified herself as a friend of Officer Kelly's. Officer Collins stated that he did not
think it was worth the trouble to ask that female additional questions. (Att. 64)

In a statement with IPRA on 18 February 2010, Witness Police Officer Steven Brock,
#10766, stated that he was assigned to Beat 2213R with Police Officer Jon Ostrowski, #14908.
Officer Brock stated that he and his partner responded to the scene to assist Officer Collins and
Officer De Gasso with a shooting involving an off-duty police officer. Officer Brock went into
the residence and stood between Officer Kelly and the paramedics that were treating his friend
inside of the residence. Officer Kelly was upset, agitated, yelling, and telling the paramedics to
work on his friend. Officer Brock stated that he did not know if Officer Kelly was intoxicated as
he concentrated his efforts on securing the scene. Officer Brock saw a handgun and a holster on
the floor several feet away from each other. The paramedics brought the victim outside and,
after all the emergency personnel were outside, Officer Brock also went outside. Officer Brock
saw Officer Kelly standing near the rear of the ambulance and yelling that he wanted to get
inside. Sergeant Kielbasa told Officer Kelly to calm down and he told her`fuck yotrand called
her a"fucking cunt!' Officer Kelly raised his hand to Sergeant Kielbasa and it appeared as though
he was about to strike her. Officers Montes De Oca, Coyne, Kosur, and Vela took Officer Kelly
to the ground, handcuffed him and took him into custody. Officer Kelly was placed in a squad
car. Officer Brock and Officer Ostrowski spoke with another supervisor on the scene, Sergeant
Boone, and he released them from the scene. The officers returned to the 22❑d District Station
and then ended their tour of duty. (Att. 129)

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In a statement with IPRA on 19 February 2010, Witness Police Officer Stephen Coyne,
#15069, stated that he was assigned to Beat 2222R with Police Officer Michael Kosur, #13811.
The officers responded to a call of Person Shot with an off-duty officer involved. Upon arrival at
the scene, Officer Coyne entered the residence. Officer Coyne stated that he saw Officer Kelly
and that Officer Kelly was obviously intoxicated. Officer Coyne stated that he could smell
alcohol on Officer Kelly, Officer Kelly was belligerent and thatt`.every other word [Kelly used]
was profanity!' Officer Collins, Officer De Gasso, Officer Brock and Officer Ostrowski were
inside the residence and two of them, Officer Coyne could not say who, held Officer Kelly back
when the paramedics brought the victim outside. Officer Kosur did not enter the residence
because, as he was about to, the paramedics were exiting with the victim.

Officer Kelly left the residence and went to the ambulance. Officer Kelly attempted to
get into the ambulance and Officer Kosur, who was standing near the ambulance, told Officer
Kelly that he could not get inside. Officer Kelly responded with words to the effect ofFuck you,
rm going in anyway!' Officer Kelly tried to open the side door of the ambulance but found it was
locked. Sergeant Kielbasa told Officer Kelly that he could not enter the ambulance. Officer
Kelly became more irate and started screaming at Sergeant Kielbasa. Officer Kelly screamed
words to the effect offuck you7Northside pussy police7bunt,"and other profanities at Sergeant
Kielbasa. Officer Kelly's face was inches away from Sergeant Kielbasds face when he yelled at
her. Officer Kelly flailed his arms and his chest bumped Sergeant Kielbasa. Sergeant Kielbasa
said something like,` Thats it'and put her hand on her handcuff case. Officer Kelly lunged at
Sergeant Kielbasa. Officer Coyne grabbed Officer Kelly by the wrists. Officer Kosur performed
an Emergency Takedown and brought Officer Kelly to the ground. Officer Montes De Oca was
able to put a handcuff on Officer Kelly's right wrist. Officer Montes De Oca used an armbar and
Officer Coyne used a wristlock to finish handcuffing Officer Kelly. Officer Kelly was placed in
Beat 2222R's squad car. Officer Kelly directed profanity at Officer Coyne and Officer Kosur as
the three sat in the squad car. Officer Kelly also attempted to kick the windows of the vehicle,
but bars on the windows prevented him from doing any damage. Officer Kelly asked about his
friends condition and Officer Coyne stated that he did not have any information about Officer
Kelly's friend. Detectives questioned Officer Kelly but Officer Coyne did r _ what anyone
said. After about 50 minutes, Officer Coyne and Officer Kosur transported Officer Kelly to Area
2. Officer Kelly asked to use the washroom and detectives told him no. Officer Coyne and
Officer Kosur searched Officer Kelly, took his shoestrings; his belt; and his other personal
property, and placed it a plastic bag outside the interview room. Officer Coyne did not have any
further contact with Officer Kelly. (Att. 131)

In a statement with IPRA on 09 February 2010, Witness Police Officer Robert De


Gasso, #12506, stated that he was assigned to Beat 2211R with Officer Collins. Officer De
Gasso stated that he and his partner responded to an OEMC call of Man Shot in the Head. When
they arrived at the scene, he saw an ambulance crew inside the residence leaning over the
subject. Officer De Gasso stated that he was the first officer to arrive at the scene. Officer De
Gasso stated that he saw the ambulance crew and they appeared to be just starting to treat
Officer De Gasso observed a pool of blood by head.
Officer De Gasso also noticed a blue steel semi automatic weapon near the pool of blood.
Officer De Gasso stood over the gun to protect the crime scene. Officer De Gasso described
Officer Kelly as being belligerent and uncooperative. Officer De Gasso stated that there was
alcohol all over the room and Officer Kelly had a slight odor of alcohol about him. Officer De

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Gasso stated that his focus was on protecting the scene and protecting the paramedics so he did
not pay much attention to what Officer Kelly was saying. Other officers arrived and shielded the
paramedics from Officer Kelly. Officer De Gasso stated that he stayed inside the residence when
everyone else moved outside. Officer De Gasso stated that he did not witness anything that
occurred outside. (Att. 65)

In a statement with IPRA on 19 February 2010, Witness Police Officer Michael Kosur,
#13811, provided an account of the incident that was consistent with that given by his partner,
Officer Coyne. Officer Kosur stated that he did not enter the residence but that Officer Coyne
did enter the residence. Officer Kosur stated that his initial contact with Officer Kelly occurred
on the street after the paramedics brought out of the residence. Officer Kelly
asked Officer Kosur how was doing and then attempted to enter the
ambulance. Officer Kosur stated that he could smell the odor of an alcoholic beverage about
Officer Kelly and that Officer Kelly slurred his speech. Officer Kosur stated that Officer Kelly
directed profanity at him and Sergeant Kielbasa when they attempted to dissuade Officer Kelly
from getting into the ambulance. Officer Kosur stated that Officer Kelly got very close to
Sergeant Kielbasa,"literally nose to nose,"and called Sergeant Kielbasa a cunt several times.
Officer Kosur stated that he believed Officer Kelly made contact with Sergeant Kielbasa and, at
that point, she pulled out her handcuffs. When Sergeant Kielbasa pulled out her handcuffs,
Officer Kelly lunged at her and Officer Kosur thought that Officer Kelly was about to batter
Sergeant Kielbasa. Officer Kosur performed an Emergency Takedown and kept Officer Kelly on
the ground while other officers handcuffed him. (Att. 132)

In a statement with IPRA on 01 April 2010, Witness Police Officer Theresa Berry,
#7783, stated that she was working Beat 2221A with Officer Joseph Montes De Oca, # 13370.
Officer Berry arrived on the scene as paramedics were bringing a gunshot victim out of the
residence at Officer Berry entered the residence after the paramedics and
were outside but she did not get farther than the living room. Officer Berry
saw a puddle of blood and a pancake holster on the floor. Officer Berry was not sure if she saw a
handgun in the residence. Officer Berry stated that after"a couple of minuteg'she left the
residence to see if assistance was needed outside. The paramedics were inside the ambulance
working on Officer Kelly was trying to get inside the ambulance and Sergeant
Kielbasa told him that he would have to wait but that officers could give him a ride later. Officer
Berry stated that Officer Kelly called Sergeant Kielbasa a"cunt bitcli'and told her that she was a
`disgrace to the uniformrOfficer Berry stated that Officer Kelly appeared intoxicated because his
actions were aggressive and he was loud and emotional. Sergeant Kielbasa repeatedly told
Officer Kelly to calm down but he continued to yell and curse at her. After several minutes,
Sergeant Kielbasa pulled out her handcuffs and Officer Kelly lunged at her. Officer Berry stated
that officers, who she could not identify, attempted to take Officer Kelly into custody while he
was standing but Officer Kelly pulled away. Unknown Officers then took Officer Kelly to the
ground. Officer Kelly tried to pull away and struggled on the ground with officers but officers
were able to handcuff Officer Kelly. Officers stood up Officer Kelly and placed him in the rear
of a squad car. Officer Berry and Officer Montes De Oca went to the hospital for a time, then
went to Area 2 before ending their tour of duty. (Att. 157)

In a statement with IPRA on 25 March 2010, Witness Police Officer Joseph Montes De
Oca, #13370, stated that he was assigned to Beat 2221A with Officer Berry. Officer Montes De

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Oca stated that as he and Officer Berry arrived they saw paramedics bringing a man out of the
residence. Officer Kelly was behind the paramedics as they brought the victim outside. Officer
Montes De Oca added that he went inside the residence and Officer De Gasso told him to get
crime scene tape and an RD number because Officer De Gasso could not as the residence had not
been cleared. Officer Montes De Oca stated that he would clear the residence and he did.
Officer Montes De Oca stated that the house was empty save for the dog in the bedroom. Officer
Montes De Oca was able to search the bedroom, despite the presence of the dog, and found it
empty. Officer Montes De Oca estimated that he was inside the house for less than five minutes.
Officer Montes De Oca went outside and he and Officer Vela taped off the scene with crime
scene tape. While Officer Montes De Oca was putting up the crime scene tape, he observed
Officer Kelly yelling, being irate, and swearing at Sergeant Kielbasa. Officer Montes De Oca
heard Officer Kelly call Sergeant Kielbasa a"cunt!' Officer Montes De Oca saw that Officer
Kelly"got in [Sergeant Kielbasa's] face'but he did not know if Officer Kelly made contact with
her. Officer Montes De Oca continued putting up the crime scene tape. Sergeant Kielbasa took
a step back and then Officer Kelly lunged at her. Sergeant Kielbasa reached for her handcuffs
and said,"Thafs it!' At that point, other officers grabbed Officer Kelly and he became combative
by pulling away and becoming stiff. Officer Montes De Oca ran over to help control Officer
Kelly. Officer Montes De Oca assisted Officer Kosur and Officer Coyne in handcuffing Officer
Kelly. Officer Montes De Oca stated that he completed a TRR in which he described Officer
Kelly as an Active Resister because he did not follow verbal direction, pulled away, and
stiffened. The officers were able to handcuff Officer Kelly. Officers brought Officer Kelly to a
police Tahoe. Once Officer Kelly was in the Tahoe, Sergeant Kielbasa told Officer Berry and
Officer Montes De Oca to go to the hospital with the victim. They stayed at the hospital for a
`fevnours, obtained the name of the treating physician, and remained updated on
status. Officer Montes De Oca did not have any further contact with Officer Patrick
Kelly. Officer Montes De Oca stated that Officer Kelly appeared intoxicated in that he was
rambling, his speech was slurred, and he"reeked'of alcoholic beverages when Officer Montes De
Oca got close to Officer Kelly. (Att. 156)

In a statement with IPRA on 02 March 2010, Witness Police Officer Jon Ostrowski,
#14908, provided a statement that was consistent with that of his partner, Officer Steven Brock.
When the officers arrived on the scene, they went inside the residence and saw that paramedics
were treating a male subject. Officer Kelly caught Officer Ostrowski's attention as Officer Kelly
leaned into the area where the paramedics worked saying,`Check his vitals, hes still breathing!'
Officer Ostrowski tried to speak with him and suggested they go outside for air. With that,
Officer Kelly backed up against a wall for a short time. Officer Ostrowski stated that Officer
Kelly appeared intoxicated because there were beer bottles on the table, his breath smelled of an
alcoholic beverage and he was belligerent. The paramedics brought outside
and Officer Ostrowski followed with Officer Kelly to his left. Officer Kelly went to the
ambulance and attempted to enter it. Officer Kelly started saying things like,"You motherfuckers
are soft,"and"You cant tell me what to do!' Sergeant Kielbasa tried to calm Officer Kelly down
and Officer Kelly called her a"cunt!' Sergeant Kielbasa stepped backwards and took the
handcuffs from her handcuff case. Other officers took Officer Kelly to the ground and then
worked together to handcuff him. Officer Kelly was placed inside a squad car. Officer
Ostrowski and Officer Brock asked Sergeant Boone and Sergeant Kielbasa if any more help was
needed at the scene. The sergeant said that no more help was needed and Officer Ostrowski and
Officer Brock went to the 22nd District for check off. (Att. 141)

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In a statement with IPRA on 23 February 2010, Witness Police Officer Samantha


Szymanski, #14749, provided an account of the incident that was consistent with the accounts
provided by other officers. Officer Szymanski stated that she arrived on the scene as paramedics
were bringing the subject out of the house to the ambulance. Officer Szymanski saw Officer
Kelly become irate and start banging on the ambulance door. Officer Kelly was yelling things
like,"Thats my flicking friend in there, fuck you!' Sergeant Kielbasa tried to calm Officer Kelly
down by talking to him and telling him that they could drive him to the hospital. Officer Kelly
continued screaming at Sergeant Kielbasa saying things like"dumb motherfuckers,"you airit shit'
and he called her atunt!' As Officer Kelly screamed, he began to wave his arms. Sergeant
Kielbasa reached for her handcuffs and backed up. As Sergeant Kielbasa backed up, Officer
Coyne, Officer Kosur, Officer Montes De Oca, and Officer Vela performed an Emergency
Takedown on Officer Kelly. The officers handcuffed Officer Kelly. Officer Kelly kept one arm
underneath him for a short time before the officers maneuvered him to handcuff him. The
officers brought him to Beat 2222R's Tahoe and placed him inside. Officer Szymanski stated that
Officer Kelly appeared intoxicated in that he failed to follow Sergeant Kielbasds directions and
was belligerent and irate. Later, at Lieutenant McNicholas's direction, Officer Szymanski gave
Officer Kelly's dog to an unknown off-duty female officer. (Att. 137)

In a statement with IPRA on 03 March 2010, Witness Police Officer Jesus Vela, #5556,
provided an account of the incident that was consistent with the account provided by his partner,
Officer Samantha Szymanski. Officer Vela arrived on the scene as paramedics were bringing the
subject outside. Officer Kelly ran to the ambulance and tried to get inside by banging on the
doors and yelling. Officer Kelly appeared intoxicated in that he slurred his speech and his whole
demeanor appeared that he was intoxicated. Sergeant Kielbasa tried to calm Officer Kelly down,
told him that he could not get into the ambulance, and then told him that she would give him a
ride to the hospital. Officer Kelly acted belligerent and aggressive and started calling Sergeant
Kielbasa names like"Northside skanky cori',"Northside bitcli7inotherfucker,titclf,"whord'and
`lent'.' Officer Kelly swung his arms and"chest bumped' Sergeant Kielbasa. Sergeant Kielbasa
reached for her handcuffs and Officers Kosur, Coyne, Montes De Oca, and Vela started to take
Officer Kelly into custody. Officer Kosur tried to grab Officer Kelly and Officer Kelly pulled
away. Officer Vela moved in to help and"somehoVthey all ended up on the ground. Officer
Vela held Officer Kelly's legs to ensure that he did not kick officers. Officer Kelly kept his arms
underneath him and officers had to get Officer Kelly's arms out from under him. The officers
handcuffed Officer Kelly and placed him in Officer Coyne and Officer Kosufs squad car.
Officer Vela stated that he and Officer Szymanski were assigned to write the case report. When
Officer Vela attempted to obtain information from Officer Kelly, he refused to speak with
anyone but a supervisor. (Att. 142)

In a statement with IPRA on 11 January 2011, Accused Police Officer Patrick Kelly,
#19397, stated that he has been friends with since childhood.
called Officer Kelly on the night of 11 January 2010 and stated that he was in the neighborhood
and wanted to do something. Officer Kelly had plans to go to McNally's Bar with friends from
work. Officer Kelly identified the friends as Officer Bogdalek, Officer Coughlin, Officer
Janiszewski, and Officer Moyer. Officer Kelly told about his plans and
stated that he wanted to come along. went to Officer Kelly's
house to pick him up to go out. Officer Kelly estimated that arrived a little

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after 2200 hours. Officer Kelly noticed that appeared sleepy in that he was
closing his eyes and slurring his words. Officer Kelly stated that he thought that
was intoxicated, but insisted that he was just tired. Officer Kelly also
knew that took Vicodin for an ongoing neck problem but
said he had not taken it that night. The men left Officer Kelly's home and Officer Kelly stated
that neither man had anything to drink at that time.

Officer Kelly stated that he left his duty weapon, holstered, in his nightstand in his
bedroom when they left his house to go to McNally's. Officer Kelly's friends showed up at the
bar, but he could not say who arrived when or in what order. Officer Kelly observed that it
appeared as though everyone drove by him or herself. Officer Kelly stated that he introduced
to his co-workers and as would leave the table Officer Kelly
explained to each of them that he was on Vicodin for a neck injury. Officer Kelly could not say
how many drinks he had at McNally's but he stated that he only drank beer. Officer Kelly and
had time for a private conversation while they were at the bar. During that
conversation, told Officer Kelly about problems he was having with his
girlfriend and that he would like to go to sleep and never wake up. Officer Kelly stated that
made statements like that in the past and Officer Kelly did not consider that
statement unusual. The group was at McNally's until closing time and they made a decision to
continue on to Brubakefs. drove himself and Officer Kelly straight to
Brubakefs.

At Brubakefs, Officer Kelly met cousin, The group


played bean bags. Officer Kelly stated that he had more to drink there, but he did not recall how
much or drinking anything other than beer. After a while, did not appear to be
groggy any more and became more lively. At some point, they decided to leave the bar and
Officer Kelly left with and The men reached Officer Kelly's
residence and Officer Kelly stated that he wanted cigarettes. said he was going to
go and get some cigarettes. and Officer Kelly went inside Officer Kelly's
house while left the area without entering Officer Kelly's residence. Officer Kelly
retrieved three bottles of beer from his refrigerator. Officer Kelly said that he got three bottles of
beer because he expected to come back.

At some point, got up and walked into Officer Kelly's bedroom. Officer
Kelly considered action to be unusual in that there really was not anything of
interest inside the bedroom. Officer Kelly got up and walked to the bedroom. There was not
much room inside the bedroom and Officer Kelly and switched places and
Officer Kelly ended up inside the bedroom and stood just outside the bedroom.
Officer Kelly turned around and saw that was holding Officer Kelly's handgun
in his left hand to the left side of his head. was laughing and then Officer
Kelly heard a click but the gun did not discharge. Officer Kelly moved toward
to try to grab the handgun. Officer Kelly did not recall if he was able to grab the gun or not, but
pulled the trigger again. The weapon discharged, fell down
and blood started pooling near his head.

. Officer Kelly stated that the next thing he knew, he was on the phone with a dispatcher
yelling for help. Officer Kelly may have called 911 again but he was not certain. Officer Kelly

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heard breathing heavily and stayed with him talking to him and rubbing his
chest. Officer Kelly stated that the next thing he knew, paramedics were pounding on the door
and they told him to put his dog away. Officer Kelly put the dog away, opened the door, and the
paramedics began treating

Officer Kelly stated that he does not remember what was going on at the time because he
was in shock and lost his focus several times. Officer Kelly stated that he was not sure if he was
intoxicated. The paramedics transported outside and Officer Kelly followed
them. Officer Kelly stated that he went outside and then tried to get into the ambulance. Officer
Kelly stated that he was pounding on the side of the ambulance so the paramedics would let him
inside. Officer Kelly stated that he did not remember anyone trying to stop him from getting into
the ambulance. Officer Kelly stated that he remembered a lot of yelling and a lot of officers
around him. Officer Kelly stated that he vaguely remembers having contact with Sergeant
Kielbasa. Officer Kelly stated that he rememberedlust like a little bit of an argument. I was just
emotional over the situation. Um, pretty much the next thing I knew was I was in handcuffs
being placed in one of the trucks!' Officer Kelly stated that he was arrested for assault but he did
not recall much from the scene because he was emotional and in shock over everything that
occurred.

Officer Kelly denied failing to secure his weapon and stated that he believed it to be
secure because he lives alone, he had it in his bedroom and he did not give anyone permission to
go into his bedroom, and it was in a drawer that no one had permission to open. Officer Kelly
stated that he believed the weapon to be secure but also stated,1 wish that I did have um, the lock
that came with the gun on it" Officer Kelly stated that he was not sure, but did not think he was
intoxicated while off duty. Officer Kelly denied assaulting Sergeant Kielbasa and stated that he
was found not guilty in court. Officer Kelly stated that he did not remember if he directed
profanity at Sergeant Kielbasa and did not recall if he called Sergeant Kielbasa a cunt. Officer
Kelly was asked if he brought discredit to the Chicago Police Department by being arrested and
he answered,` It seems to be a question that only the Department could answer. Urn, all I could
say is uh I was arrested and found not guilty later on!' Officer Kelly denied shooting
and denied providing a false, misleading, or inaccurate statement to detectives or anyone
else regarding this incident.4 (Att. 171, 172)

4
As noted in footnote 1, alleged that Officer Kelly shot and lied to the
investigating officers and detectives regarding what occurred inside his residence. allegations
were based on his understanding of the functioning and safety features of Officer Kelly's weapon.

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CONCLUSION:

The Reporting Investigator recommends that ALLEGATION #1 against Police Officer


Patrick Kelly, #19397, Unit 009, that he was intoxicated while off-duty, be Sustained. Officer
Kelly was at two bars and he admitted to drinking alcohol on the night of the incident. When
Officer Kelly submitted to a Breathalyzer test at 1217 hours, his blood alcohol content was .093.
A back extrapolation of those results indicated that Officer Kelly's blood alcohol content at the
time of the incident was between .169 and .246. Every witness officer that was on the scene and
that had contact with Officer Kelly indicated they observed signs of intoxication from Officer
Kelly. The evidence supports ALLEGATION #1 therefore, the finding is SUSTAINED.

The Reporting Investigator recommends that ALLEGATION # 2 against Police Officer


Patrick Kelly, #19397, Unit 009, that he failed to secure his weapon, be Sustained.
obtained Officer Kelly's handgun and used it to shoot himself in the head. In his
statement, Officer Kelly stated that had expressed suicidal thoughts on
previous occasions. Officer Kelly also stated that had called him and Officer
Kelly told about his plans for the night of the incident. told
Officer Kelly that he would like to join Officer Kelly for the night. picked up
Officer Kelly at Officer Kelly's residence. Officer Kelly did not take the opportunity to secure
his weapon when he knew that was going to be at his residence. Officer Kelly
also stated that he owned a gun lock for his weapon but did not have it on his weapon.
According to Officer Kelly, after he and returned to Kelly's house from
Brewbaker's Bar entered Officer Kelly's bedroom. Officer Kelly found
actions unusual and went to see what he was doing. had been able to
locate Officer Kelly's weapon in that space of time. The evidence indicates that Officer Kelly
failed to secure his weapon.

The Reporting Investigator recommends that ALLEGATION # 3 against Police Officer


Patrick Kelly, #19397, Unit 009,that he assaulted an on-duty officer, be Sustained. When
Sergeant Kielbasa, a uniformed Chicago Police Department supervisor, told Officer Kelly that he
could not get inside the ambulance, Officer Kelly responded by yelling, screaming and directing
profanity at Sergeant Kielbasa. Officer Kelly flailed his arms and approached Sergeant Kielbasa.
According to Sergeant Kielbasa, Officer Coyne, Officer Kosur, Officer Montes De Oca, Officer
Vela, Officer Brock, Officer Berry, Officer Ostrowski, and Officer Szymanski, Sergeant
Kielbasa did not give an order to any of the officers on the scene to arrest Officer Kelly yet
Officers Coyne, Kosur, Montes De Oca, and Vela all perceived that Officer Kelly was a threat
against Sergeant Kielbasa's person. Based on that perceived threat, the on-duty officers placed
Officer Kelly into custody for Assault on Sergeant Kielbasa. Officer Kelly stated that he did not
specifically recall what occurred outside his residence. Officer Kelly was found Not Guilty of
that Assault during a criminal trial. Nevertheless the preponderance of the available evidence
supports the allegation that Officer Kelly assaulted Sergeant Kielbasa.

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The Reporting Investigator recommends that ALLEGATION #4 against Police Officer
Patrick Kelly, #19397, Unit 009, that he verbally abused Sergeant Kielbasa in that he directed
profanity at her and referred to her as a cunt, be SUSTAINED. Officer Collins, Officer Coyne,
Officer Kosur, Officer Montes De Oca, Officer Vela, Officer Brock, Officer Berry, Officer
Ostrowski, and Officer Szymanski each recalled parts of what Officer Kelly yelled at Sergeant
Kielbasa, nevertheless, their accounts are sufficient to support this allegation. Officer Berry,
Officer Brock, Officer Collins, Officer Coyne, Officer Kosur, Officer Montes De Oca, Officer
Ostrowski, Officer Szymanski, Officer Vela and Sergeant Kielbasa all stated that they heard
Officer Kelly call Sergeant Kielbasa a cunt. Officer Brock, Officer Collins, Officer Coyne, and
Sergeant Kielbasa all stated that Officer Kelly said,` fuck you,"to Sergeant Kielbasa. Officer
Coyne stated that he heard Officer Kelly call Sergeant Kielbasa"Northside pussy police' and
Officer Vela stated that he heard Officer Kelly call Sergeant Kielbasallorthside skanky cop,
Northside bitch, motherfucker, bitch, and whore!' Officer Szymanski stated that she heard
Officer Kelly yell"dumb motherfuckerg'and"you shit'at Sergeant Kielbasa. Officer Kelly
stated that he did not recall what he or anyone else said at the scene of the incident. The
preponderance of the evidence supports this allegation.

The Reporting Investigator recommends that ALLEGATION #5 against Police Officer


Patrick Kelly, #19397, Unit 009, in that his actions at the scene brought discredit on the
Chicago Police Department, be SUSTAINED. Officer Kelly was intoxicated and failed to
secure his weapon which enabled to use Officer Kelly's weapon to shoot
himself in the head. Officer Kelly proceeded to yell at the paramedics he summoned to his
residence. Officer Kelly also charged at Paramedic Kilroe while she was attempting to treat
Once the paramedics brought outside to the ambulance,
Officer Kelly pounded on the door of the ambulance and yelled at and cursed at the police
officers that tried to stop him from doing so. Officer Kelly disregarded the instructions of a
supervisor on the scene and directed profanity and inappropriate derogatory language at her.
Officer Kelly's actions in full view of the responding Chicago Fire Department personnel and
other Chicago Police Department personnel, especially his treatment of a uniformed supervisor
and other officers brought discredit on the Chicago Police Department. Additionally, Officer
Kelly's failure to secure his weapon and resultant suicide attempt also brought
discredit on the Chicago Police Department.

The Reporting Investigator recommends that ALLEGATION #6 against Police Officer


Patrick Kelly, #19397, Unit 009, that he shot be NOT SUSTAINED.
is not capable of providing a statement regarding what occurred inside Officer
Kelly's residence. Officer Kelly denied shooting stated that
he believed that Officer Kelly shot based on his knowledge of the function and
features of Officer Kelly's weapon, specifically that the Sig Sauer P226 9mm has a feature that
would not allow the weapon to discharge if it were placed against a solid object. A report from
the Illinois State Police Forensic Services Section indicated that Officer Kelly's weapon does not
have any additional parts or devices that would stop the weapon from discharging if placed
against a solid object. Subsequent conversations with the scientist that tested the weapon
indicated that, depending on the primary point of contact between the weapon and a solid object
and the position of the weapon's slide when the trigger is pulled, the weapon may or may not
discharge. The evidence is insufficient to either sustain or refute the allegation that Officer Kelly
shot

Page 25 of 28
INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1033096
The Reporting Investigator recommends that ALLEGATION #7 against Police Officer
Patrick Kelly, #19397, Unit 009, that he provided a false statement to detectives regarding the
shooting of be NOT SUSTAINED. alleged that Officer
Kelly provided a false statement to detectives because he believed that Officer Kelly shot
and Officer Kelly told detectives that shot himself.
indicated that he thought that the Sig Sauer P226 9mm has a feature that would
prevent the weapon from discharging when_it is pressed against a solid object. The report from
the Illinois State Police Forensic Services Section indicated that Officer Kelly's weapon does not
have any additional parts or devices that would function as a "stand off" device.
is unable to provide a statement regarding what occurred inside Officer Kelly's residence.
The evidence is insufficient to either sustain or refute the allegation that Officer Kelly provided a
false statement regarding this incident.

Page 26 of 28
INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1033096
FINDINGS:

ACCUSED #1: Police Officer Patrick Kelly, #19397, Unit 009

ALLEGATION #1: SUSTAINED — Violation of Rule 15, "Intoxication while on or off duty,"
in that on 12 January 2010, at approximately 0439 hours, in the vicinity of
Police Officer Patrick Kelly, #19397, was
intoxicated while off duty.

ALLEGATION #2: Count I - SUSTAINED — Violation of Rule 6, "Disobedience of an order


or directive, whether written or oral," in that on 12 January 2010, at
approximately 0439 hours, at Officer Patrick Kelly,
#19397, disobeyed General Order 07-01-XVI-A-1, in that he did not
secure his prescribed duty weapon while it was not on his person.

Count II — Sustained — Violation of Rule 10, "Inattention to duty," in that


on 12 January 2010, at approximately 0439, at
Police Officer Patrick Kelly, #19397, was inattentive to duty in that he
failed to secure his weapon.

ALLEGATION #3: SUSTAINED — Violation of Rule 9, "Engaging in any unjustified verbal


or physical altercation with any person, while on or off duty," in that on 12
January 2010, at approximately 0439 hours, in the vicinity of
Police Officer Patrick Kelly, #19397, placed Sergeant
Charmane Kielbasa in reasonable fear of receiving a battery.

ALLEGATION #4: Count I — SUSTAINED — Violation of Rule 7, "Insubordination or


disrespect toward a supervisory member while on or off duty," in that on
12 January 2010, at approximately 0439 hours, in the vicinity of
Police Officer Patrick Kelly, #19397, directed profanity at
Sergeant Charmane Kielbasa and referred to her as a cunt.

Count II — SUSTAINED — Violation of Rule 9, "Engaging in any


unjustified verbal or physical altercation with any person, while on or off
duty," In that on 12 January 2010, at 0439 hours, in the vicinity of
Police Officer Patrick Kelly, #19793, directed profanity at
Sergeant Charmaine Kielbasa and also called her a "cunt."

Page 27 of 28
INDEPENDENT POLICE REVIEW AUTHORITY
Log # 1033096

ALLEGATION #5: SUSTAINED — Violation of Rule 2, "Any conduct which impedes the
Department's efforts to achieve its policy or goals or brings discredit on
the Department," in that on 12 January 2010, at approximately 0439 hours,
in the vicinity of Police Officer Patrick Kelly,
#19397, engaged in conduct which brought discredit on the Department
when he was intoxicated while off-duty, failed to secure his weapon,
engaged in an unjustified verbal altercation with Sergeant Kielbasa,
placing her in reasonable fear of receiving a battery, was insubordinate
and disrespectful to Sergeant Kielbasa when he directed profanity at her
and referred to her as a cunt.

ALLEGATION #6: Not Sustained

ALLEGATION #7: Not Sustained

Investigator Daniel K

Supervising Inv igator Maria Elena Olvera, #014

Page 28 of 28
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

SECOND SUPPLEMENTAL SUMMARY REPORT OF INVESTIGATION1

I. EXECUTIVE SUMMARY

Date of Incident: January 12, 2010


Time of Incident: 4:39 a.m.
Location of Incident: St., Chicago IL, 60655
Date of COPA Notification: January 12, 2010
Time of COPA Notification: 9:23 a.m.

This investigation originated on January 12, 2010, after Chicago Police Officers responded to
Officer Patrick Kelly’s residence for a call of a person shot. When first responders arrived they
found Jr. ( unresponsive with an apparent gunshot wound to the left rear
side of his head. Officer Kelly was intoxicated, belligerent and violent, and was arrested on scene
after he interfered with paramedics’ efforts to treat and assaulted a Chicago Police
Department (CPD) sergeant. was in a coma for months following the incident and was
unable to speak for years after his coma ended. Officer Kelly told CPD detectives and IPRA
investigators that shot himself using Officer Kelly’s weapon. No other witnesses were
present when was shot. The initial investigation closed at IPRA on July 26, 2012. IPRA
sustained allegations that Officer Kelly was intoxicated while off duty, failed to secure his weapon,
assaulted Sergeant Kielbasa, verbally abused Sergeant Kielbasa in that he directed profanity at her
and referred to her with a derogatory term, and brought discredit on the Department when he
interfered with Chicago Fire Department personnel that were attempting to treat and as a
result he was subsequently arrested. IPRA did not sustain allegations regarding shooting
and giving false statements regarding the incident.2

In January 2017, IPRA learned of the family’s lawsuit against the City of Chicago and
Officer Kelly regarding the incident. Additionally, IPRA learned that after occupational and
physical therapy had regained the ability to speak and remembered the incident. IPRA
requested authorization from CPD Superintendent Johnson to re-open the investigation. On
January 27, 2017, pursuant to section 6.1, subsection (D) of the applicable collective bargaining
agreement, CPD authorized IPRA to re-open the investigation. IPRA, and later COPA, reevaluated
the case, obtained additional evidence from the civil lawsuit, and interviewed On

1
On September 15, 2017, the Civilian Office of Police Accountability (COPA) replaced the Independent Police
Review Authority (IPRA) as the civilian oversight agency of the Chicago Police Department. Therefore, this
investigation, which began under IPRA, was transferred to COPA on September 15, 2017, and the recommendation(s)
set forth herein are the recommendation(s) of COPA.
2
The contents and findings of IPRA’s July 26, 2012 summary report in Log 1033096 are incorporated by reference
and will not be reproduced in this second supplemental report. As no evidence was brought to light in the course of
the civil case that discredited any of the witnesses interviewed during IPRA’s original investigation, COPA has not
re-opened an investigation into the sustained allegations from the initial summary report.

1
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

September 20, 2018, COPA sustained the two allegations that had previously been not sustained:
that Officer Kelly shot and gave false statements regarding the incident.3

During the Command Channel Review Process, Police Superintendent Eddie Johnson requested
additional investigation into the notice of allegations to provide Officer Patrick Kelly an additional
opportunity to respond to the allegations against him. COPA served Officer Kelly with new Rule
14 allegations to provide him with notice of the specific false statements he is alleged to have
made4 and served him with an allegation that he discharged his weapon towards without
justification. Officer Kelly gave a statement to COPA in response to these allegations.

This second supplemental summary report does not repeat information contained in the original
summary and supplementary reports, but only includes Officer Patrick Kelly’s response to the
additional allegations brought against him.

II. INVOLVED PARTIES

Involved Officer #1: Patrick Kelly, star #19397, employee ID # DOA: January
26, 2004, Police Officer, Unit of Assignment: 009/376, DOB:
male, white

Involved Individual #1: Jr., DOB: male, white

III. ALLEGATIONS

Officer Allegation Finding


Officer Patrick Kelly 8. It is alleged that on January 11, 2011, Officer Sustained
Patrick Kelly willfully made a material false
statement to the Independent Police Review
Authority when he made the following statements:
P.O. Kelly: "Um and immediately I turned around
um, when I turned around he was standin' there
facing into the bedroom and he had the gun, my gun
to, to his temple.” Kobel: "Okay" P.O Kelly: "He had
it in his left hand" Kobel: "Okay, and so he had it to
the left side of his head?" P.O. Kelly: "Correct" (Att.
172, Page 24, Lines 10-20).

9. It is alleged that on January 11, 2011, Officer Sustained


Patrick Kelly willfully made a material false
statement to the Independent Police Review
Authority when he made the following statements:
P.O. Kelly: "So I went to grab it, well with my right
3
The contents and findings of COPA’s September 20, 2018 supplementary summary report in Log 1033096 are
incorporated by reference and will not be reproduced in this second supplemental report.
4
Rules and Regulations of the Chicago Police Department, Rule 14 prohibits officers from “making a false report,
written or oral.”

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

hand um and I don't remember hitting the gun or


even making contact with him. And I mean I could
have I don't remember. I just remember reaching for
the gun and boom I heard it go off. Um, right when
it went off I saw the gun kinda go up. Um his face
went blank, like expressionless. I remember like he
wasn't laughing anymore.” (Att. 172, Page 27, Lines
14-21).

10. It is alleged that on January 11, 2011, Officer Sustained


Patrick Kelly willfully made a material false
statement to the Independent Police Review
Authority when he made the following statements:
Kobel: "Okay, um, did you shoot
P.O. Kelly: "No.” (Att. 172, Page 39, Lines 30-31).

11. It is alleged that on January 12, 2010, at Sustained


approximately 4:30 a.m., at or near
Chicago, Illinois 60655, Officer Patrick Kelly
discharged his firearm in the direction of
Jr. without justification.

IV. APPLICABLE RULES AND LAWS

Rules
Rule 2: Prohibits any action or conduct which impedes the Department’s efforts to achieve its
policy and goals or brings discredit upon the Department.

Rule 8: Prohibits disrespect to or maltreatment of any person, while on or off duty

Rule 9: Prohibits engaging in any unjustified verbal or physical altercation with any
person, while on or off duty.

Rule14: Prohibits making a false report, written or oral.

INTENTIONALLY LEFT BLANK

3
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

INVESTIGATION5
a. Testimony from new witness interview

1. Accused Officer Patrick Kelly

In an interview with COPA on March 1, 2019, Officer Patrick Kelly6 stated that he stood by his
previous IPRA statement that he made on January 11, 2011, and all the information he provided
in that statement was truthful. Officer Kelly denied discharging his firearm in the direction of
Jr.

V. LEGAL STANDARD

a. There are four potential findings COPA can make regarding allegations.

For each Allegation COPA must make one of the following findings:

1. Sustained - where it is determined the allegation is supported by a preponderance of the evidence;

2. Not Sustained - where it is determined there is insufficient evidence to prove the allegations
by a preponderance of the evidence;

3. Unfounded - where it is determined by clear and convincing evidence that an allegation is false
or not factual; or

4. Exonerated - where it is determined by clear and convincing evidence that the conduct
described in the allegation occurred, but it is lawful and proper.

A preponderance of evidence can be described as evidence indicating that it is more likely than
not that the conduct reviewed did not comply with Department policy.7 If the evidence gathered
in an investigation establishes that it is more likely that the conduct violated Department policy
than that it did not, even if by a narrow margin, then the preponderance of the evidence standard
is met.

Clear and convincing evidence is a higher standard than a preponderance of the evidence but
lower than the "beyond-a-reasonable doubt" standard required to convict a person of a criminal
offense.8 Clear and Convincing can be defined as a “degree of proof, which, considering all the
evidence in the case, produces the firm and abiding belief that it is highly probable that the
proposition . . . is true.”9

5
COPA conducted a thorough and complete investigation. The following is a summary of new material evidence
gathered and relied upon in our analysis.
6
Attachments 243 (audio file) and 244 (transcript).
7
See Avery v. State Farm Mutual Automobile Insurance Co., 216 Ill. 2d 100, 191 (2005), (a proposition is proved by
a preponderance of the evidence when it has found to be more probably true than not).
8
See e.g., People v. Coan, 2016 IL App (2d) 151036 (2016).
9
Id. at ¶ 28.

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

b. The Rules and Regulations of the Chicago Police Department apply to on duty and
off duty conduct and govern an CPD member’s obligations to provide truthful
reports.

Officer Kelly allegedly discharged his firearm in the direction of Jr. without
justification, in violation of Rules 2, 8, and 9 of the Rules and Regulations of the Chicago Police
Department. Rules 8 and 9 together “prohibit the use of any excessive force by any member. These
rules prohibit all brutality, and physical or verbal maltreatment of any citizen while on or off duty,
including any unjustified altercation of any kind.”10, 11 Rule 2 “applies to both the professional and
private conduct of all members” and applies to not only all unlawful acts, but all acts which would
degrade or bring disrespect upon the member or the Department.12 Further, it is alleged that Officer
Kelly knowingly made false statements regarding the incident in violation of Rule 14, which
prohibits “making a false report, written or oral.” For a false statement to violate Rule 14, the
accused officer must make a knowingly false statement about a material fact.

VI. ANALYSIS13

a. Allegation 11 – Officer Kelly discharged his firearm in the direction of


Jr.

Based on a review of the available evidence, it is more probably true than not that Officer Kelly
shot Jr., without justification on January 12, 2010, in violation of the Chicago
Police Department’s Rules and Regulations. As discussed below, while Jr.’s
condition post-injury has affected his memory about the moments leading up to the shooting,
COPA finds his testimony about not being suicidal to be credible. Officer Kelly’s multiple
objectively false statements about the events of the night coupled with his intoxication make him
not credible. Moreover, the physical evidence and testimony regarding various circumstances
surrounding the shooting contradict Officer Kelly’s version of events sufficiently enough to
support a sustained finding by a preponderance of the evidence. The following findings of fact
support this conclusion.

10
Official Comment to Rule 9, Rules and Regulations of the Chicago Police Department (as of April 1, 2010)
11
The family filed a lawsuit alleging that Officer Kelly and the City of Chicago violated Fourth
Amendment rights. However, COPA does not need to reach a conclusion as to whether Officer Kelly was attempting
to act in his official capacity when and if he shot Mr. as Rules 8 and 9 apply equally to off-duty misconduct
as they do to on-duty misconduct. (See the September 20, 2018 Supplementary Summary Report for more details
about the lawsuit.)
12
Official Comment to Rule 2, Rules and Regulations of the Chicago Police Department.
13
While this Second Supplemental Summary Report of Investigation does not re-state all of the evidence contained
in the original Summary Report of Investigation, and the Supplementary Summary Report of Investigation dated
September 20, 2018, the analysis, by necessity, takes all of that evidence into consideration when reaching the
following conclusions. This analysis should not be interpreted as relying on the evidence contained in the investigative
section of this document alone.

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

1. There are issues affecting the reliability of both and Officer Patrick
Kelly.

regained his ability to speak and began reporting memories of the night in question at least
three years after the incident. While he has maintained that he did not see Officer Kelly with a gun
he also stated he flinched just prior to hearing the gun go off. Based on the severe nature of the
traumatic brain injury sustained, it is difficult to give much weight to his version of events
that led up to the shooting. Most troubling, however, is how often mixes his version of
events with facts he learned after he was shot. For example, he has testified about multiple events
that occurred while he was unconscious: the results of Officer Kelly’s blood alcohol content test;
that Officer Kelly assaulted a sergeant;14 and that the first cartridge did not discharge from the gun
due to the Sig Sauer’s out-of-battery feature. As Dr. explained, individuals who have
endured the type of trauma suffered are susceptible to misattribution and suggestibility.
statements at deposition and to COPA are consistent with Dr. explanation.
Undoubtedly, people talked about facts of the case and hypothesized about what happened in
presence. To this day, has confusion about where he learned some of the
information about what occurred. In every statement that has given, there are pieces of
information throughout indicating his testimony about what occurred on January 12, 2010, are not
his memories, but things he must have learned since then.

There is objective evidence that both parties were intoxicated at the time of the shooting. The
medical records from Christ Hospital reflect that BAC at 5:00 a.m. was .155.15 His
cousin also described as being intoxicated when they left
Brewbakers. Officer Patrick Kelly’s BAC was .093 when the breathalyzer was administered
16

nearly 7 hours after the shooting.17 A back extrapolation by Dr. Larsen determined his BAC at the
time of the shooting to be between .169 and .246.18 19 Therefore, each party’s recollection of the
events would likely have been influenced by their respective levels of intoxication.

Additionally, COPA found that Officer Kelly provided false statements about other parts of the
incident under investigative log number 1087256. In sum, Officer Kelly’s false statements to
investigators and in the civil proceedings, the physical evidence (discussed below) COPA finds
Officer Kelly’s statements about what happened at the time of the shooting not credible.

2. was not suicidal during the early morning hours of January 12, 2010.

14
testimony during deposition was that Officer Kelly “hit a Lieutenant in the face.” (Attachment 206, p.
81:2-3). As there is no record of Officer Kelly punching anyone in the face and no record of a lieutenant being attacked,
we assume Mr. was referencing Officer Kelly’s aggressive conduct towards Sergeant Kielbasa after the
shooting, which is thoroughly detailed in the initial summary report filed in this log number. This further illustrates
Mr. confusion about the events of the night in question.
15
See Attachment 162
16
Attachments 30, 63.
17
Attachments 44, 53
18
Attachment 60.
19
“At blood alcohol concentrations of greater than 250 mg% (250 mg% = 250 mg/dl = 2.5 g/L = 0.250%), the
patient is usually at risk of coma. Children and alcohol-naive adults may experience severe toxicity at blood alcohol
concentrations less than 100 mg%.” B Adinoff, GH Bone, M Linnoila, Acute ethanol poisoning and the ethanol
withdrawal syndrome, Medical Toxicology and Adverse Drug Experience, May-June 1988, at 172.

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

COPA finds testimony about not being suicidal credible. reported in multiple
forums, including to COPA, that he has always been a happy person. In fact, he stated convincingly
that even in his current condition, he continues to be a happy person with no desire to end his life.
Additionally, his former girlfriend, (formerly testified that never
discussed being suicidal with her, and she never thought he seemed suicidal. CPD Detectives’
Reports indicate heard make comments about ending his life,
testified at deposition that he never made those statements to detectives and further, did not believe
was suicidal.20 The only person to maintain that was suicidal that morning is
Officer Patrick Kelly himself. There has been no corroborating evidence discovered to support
Officer Kelly’s statements. For reasons stated both above and below this section, we do not find
Officer Kelly to be reliable as to this issue.

3. The gunshot wound suffered by was not self-inflicted.

The physical evidence in this case is generally inconclusive with respect to who fired the round,
however the evidence established several facts. First, it should be noted that the investigation was
not treated as a homicide from the outset and because was still alive, life saving measures
took precedent over maintaining evidence. In sum, experts agreed that the shot was a close contact
wound based on skull fragments found inside the residence. Additionally, the CT scans show the
bullet moved from left to right. However, while three experts opined that the wound could not be
self-inflicted, several experts opined that the evidence is inconclusive as to who took the shot. The
experts did agree that it would be nearly impossible to fire the weapon with the right hand. Finally,
based on his blood spatter analysis, Dr. concluded that was not facing into the
bedroom as described by Officer Kelly.

4. used his right hand to shoot firearms.


The uncontested testimony is that with the exceptions of eating and writing, was right-
handed for everything else, specifically shooting weapons. had been shooting handguns
and shotguns for over a decade by January 12, 2010, and went hunting multiple times a year.
Officer Kelly testified that would show him shotguns that he had purchased for hunting.
Jr regularly kept the family’s pistol. Additionally,
Sr. and all maintain that shot all firearms right-handed.
There has been no evidence, other than Officer Kelly’s version of the events to imply ever
fired a firearm with his left hand. Moreover, the physical evidence suggests it would be nearly
impossible for to use his right hand to shoot himself that night. Dr. testified it
would not be possible for to shoot the gun with his right hand and achieve the trajectory
consistent with the physical evidence. COPA does not find it convincing that the shooting occurred
the way Officer Kelly described: where walked into Officer Kelly’s bedroom without
provocation, grabbed Officer Kelly’s service weapon with his non-dominant hand, walked out to
Officer Kelly’s living room and used his non-dominant hand to shoot himself in the head. Due to

20
The only reference to the possibility of being suicidal came from Chicago Police Department detectives’
supplemental reports. These reports claimed to reference interviews with and (nee
to support this theory. However, the content of those interview summaries were directly contradicted by those
same witnesses’ depositions.

7
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

the location and angle of the gunshot wound, for it to even be remotely possible for this wound to
be self-inflicted, would have had to use his left hand to accomplish holding this gun and
pulling the trigger. These facts lead COPA to conclude that it is more probably true than not that
gunshot wound was not self-inflicted.
In sum, COPA finds by a preponderance of the evidence that Officer Patrick Kelly discharged his
firearm in the direction of Jr. without justification. First, Officer Kelly is not
credible based on his intoxication at the time of the incident, the physical evidence and the
numerous inconsistent statements he made to investigators and at deposition. In contrast to Officer
Kelly’s account, COPA finds sufficient evidence that was not suicidal. The
physical evidence significantly contradicts Officer Kelly’s version of events. Specifically, the
blood spatter showed that at the time of the shot was not facing into the bedroom.
Additionally, experts agree it would be nearly impossible to fire the gun with the right hand, and
was a known right-hand shooter.
b. Allegations 8 through 10 – Officer Kelly willfully made material and false statements
to the Independent Police Review Authority regarding this incident when he stated
that Jr. shot himself.

1. Allegation 8. It is alleged that on January 11, 2011, Officer Patrick Kelly willfully
made a material false statement to the Independent Police Review Authority when he
made the following statements: P.O. Kelly: "Um and immediately I turned around
um, when I turned around he was standin' there facing into the bedroom and he had
the gun, my gun to, to his temple.” Kobel: "Okay" P.O Kelly: "He had it in his left
hand" Kobel: "Okay, and so he had it to the left side of his head?" P.O. Kelly:
"Correct" (Att. 172, Page 24, Lines 10-20).
As stated above, COPA found based on right-handedness, expert testimony during the
civil trial, and statement that he did not shoot himself, COPA finds it more probably true
than not that did not handle Officer Kelly’s handgun on the night of the incident. As stated
above, for a false statement to violate Rule 14, the accused officer must know that the statement is
false at the time he or she makes it and it must be about a material fact of the investigation. Clearly
whether Officer Kelly observed shot himself is material to CPD’s and then-IPRA’s
investigations. Based on the analysis in the previous section, COPA has determined it is more
probably true than not that did not shoot himself. It is unclear if Officer Kelly, whose
severe intoxication has been documented and discussed in other reports related to this
investigation, knows what happened that night. However, if that were the case, he had an obligation
to tell investigators that he could not remember what happened due to his impairment. Based on a
preponderance of the evidence, either Officer Kelly does know what happened and has made
multiple false statements regarding the events, or he does not recall what happened and has falsely
claimed that he does. Either way, Allegation 8 is sustained.

2. Allegation 9. It is alleged that on January 11, 2011, Officer Patrick Kelly willfully
made a material false statement to the Independent Police Review Authority when he
made the following statements: P.O. Kelly: "So I went to grab it, well with my right
hand um and I don't remember hitting the gun or even making contact with him. And
I mean I could have I don't remember. I just remember reaching for the gun and boom

8
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

I heard it go off. Um, right when it went off I saw the gun kinda go up. Um his face
went blank, like expressionless. I remember like he wasn't laughing anymore.” (Att.
172, Page 27, Lines 14-21).
The analysis for Allegation 8 applies to Allegation 9, and the allegation is sustained.
3. Allegation 10. It is alleged that on January 11, 2011, Officer Patrick Kelly willfully
made a material false statement to the Independent Police Review Authority when he
made the following statements: Kobel: "Okay, um, did you shoot
P.O. Kelly: "No.” (Att. 172, Page 39, Lines 30-31).
The analysis for Allegation 8 applies to Allegation 10, and the allegation is sustained.
VII. RECOMMENDED DISCIPLINE FOR SUSTAINED ALLEGATIONS

a. Officer Patrick Kelly

1. Complimentary and Disciplinary History


COPA has taken into account the Complimentary and Disciplinary History of Officer Patrick
Kelly.

2. Recommended Penalty, by Allegation

A. Allegation No. 8

Based on the egregious nature of the allegation, COPA recommends that Officer Patrick Kelly be
separated from the Chicago Police Department.

B. Allegation No. 9

Based on the egregious nature of the allegation, COPA recommends that Officer Patrick Kelly be
separated from the Chicago Police Department.

C. Allegation No. 10

Based on the egregious nature of the allegation, COPA recommends that Officer Patrick Kelly be
separated from the Chicago Police Department.

D. Allegation No. 11

Based on the egregious nature of the allegation, COPA recommends that Officer Patrick Kelly be
separated from the Chicago Police Department.

9
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

VIII. CONCLUSION

Based on the analysis set forth above, COPA makes the following findings:

Officer Allegation Finding


Officer Patrick Kelly 8. It is alleged that on January 11, 2011, Officer Sustained
Patrick Kelly willfully made a material false
statement to the Independent Police Review
Authority when he made the following
statements: P.O. Kelly: "Um and immediately I
turned around um, when I turned around he was
standin' there facing into the bedroom and he had
the gun, my gun to, to his temple.” Kobel:
"Okay" P.O Kelly: "He had it in his left hand"
Kobel: "Okay, and so he had it to the left side of
his head?" P.O. Kelly: "Correct" (Att. 172, Page
24, Lines 10-20).

9. It is alleged that on January 11, 2011, Officer Sustained


Patrick Kelly willfully made a material false
statement to the Independent Police Review
Authority when he made the following
statements: P.O. Kelly: "So I went to grab it, well
with my right hand um and I don't remember
hitting the gun or even making contact with him.
And I mean I could have I don't remember. I just
remember reaching for the gun and boom I heard
it go off. Um, right when it went off I saw the
gun kinda go up. Um his face went blank, like
expressionless. I remember like he wasn't
laughing anymore.” (Att. 172, Page 27, Lines 14-
21).

10. It is alleged that on January 11, 2011, Officer Sustained


Patrick Kelly willfully made a material false
statement to the Independent Police Review
Authority when he made the following
statements: Kobel: "Okay, um, did you shoot
P.O. Kelly: "No.” (Att. 172,
Page 39, Lines 30-31).

11. It is alleged that on January 12, 2010, at Sustained


approximately 4:30 a.m., at or near
Chicago, Illinois 60655, Officer
Patrick Kelly discharged his firearm in the

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

direction of Jr. without


justification.

Approved:

June 28, 2019


__________________________________ __________________________________
Sydney Roberts Date
Chief Administrator

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG# 1033096

Appendix A

Assigned Investigative Staff

Squad#: Four
Investigator: Theresa Merritt
Supervising Investigator: James Murphy-Aguilu
Deputy Chief Administrator: Andrea Kersten

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG#1087256

SUMMARY REPORT OF INVESTIGATION'

I. EXECUTIVE SUMMARY

Date of Incident: January 12, 2010


Time of Incident: 4:15 am
Location of Incident: Chicago IL, 60655
Date of COPA Notification: October 25, 2017
Time of COPA Notification: 12:01 pm

On January 12, 2010, at 4:15 a.m., off-duty Officer Patrick Kelly and Jr. were
at Officer Kelly's home after having been out drinking since 11:00 p.m. on January 11, 2010, when
Jr. was shot with Officer Kelly's duty weapon. The case was investigated as an
attempted suicide or possibly an attempted murder. Officer Kelly made statements to 9-1-1
dispatch, CPD Detectives, IPRA, and COPA. During ensuing civil litigation, Officer Kelly made
statements under oath regarding the events. Several of Officer Kelly's material statements
contradict the physical evidence and more credible statements by other witnesses.

II. INVOLVED PARTIES

Involved Officer #1: Patrick Kelly, Star #19397, Employee ID # DOA:


January 26, 2004, Police Officer, DOB:
Male, White

Subject #1 Jr., DOB: Male, White

III. ALLEGATIONS

Officer Allegation Finding

Officer Patrick Kelly Allegation 1 Sustained

It is alleged that Officer Patrick Kelly, star


19397, knowingly made false statements while
under oath, regarding the amount of alcohol he
drank between the night of January 11, 2010, and

1 On September 15, 2017, the Civilian Office of Police Accountability (COPA) replaced the Independent Police
Review Authority (IPRA) as the civilian oversight agency of the Chicago Police Department. Therefore, this
investigation, which began under IPRA, was transferred to COPA on September 15, 2017, and the
recommendation(s) set forth herein are the recommendation(s) of COPA.

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG#1087256

the morning of January 12, 2010. Specifically, on


May 4, 2012, Officer Kelly, gave a deposition
under oath, at 33 N. LaSalle Street, Chicago,
Illinois, in the civil case LaPorta v. City of
Chicago, 10 L 11901 (Circuit Court of Cook
County, Illinois, Law Division) (later removed to
I J.S. District Court as La Porta v. City of Chicago,
14 CV 9665 (N.D. Ill.)) and gave the following
answers in response to the following questions:

Q. Your testimony is that you


had approximately two 12-ounce
beers at Brewbakers, true?

A. Two beers at the most at


Brewbakers.

Q. And approximately two


beers at McNally's, true?

A. True.

Q. In addition to that you had


less than one bottle at your home
before the incident occurred, true?

A. True.

Q. So in total, your testimony


here today is that you consumed
approximately four to five bottles of
beer the entire evening from
approximately, again, estimate, from
11:00 p.m. on January 11, 2010,
through approximately 4:15 the
morning of January 12th?

• • •

A. Yes.

Q. Do you want to add to the


number of bottes that you drank or
to the drinks that you had or deduct
from that after I move on from here?

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG#1087256

No.

Allegation 2 Sustained

It is alleged that Officer Patrick Kelly, star


19397, knowingly made false statements while
under oath about whether he was intoxicated on
January 12, 2010, at 4:15 a.m. Specifically, when
he gave the following answers in response to the
following questions:

A. I disagree with when she2


states I was highly intoxicated and
that I was belligerent. (sic)
••
Q. And it's your opinion that
you were not intoxicated at the time
of the incident, correct?

A. I believe I wasn't.

Q. So would I be correct that


you are unaware of the personal
feeling of what it is to be
intoxicated, is that true?

A. True.

Q. You have never been


intoxicated prior to January 11,
2010, correct?

A. Correct.

Q. When you arrived at your


house after leaving Brewbakers and

2"She" refers to Sergeant Kielbasa who arrested Officer Kelly that night and indicated in her report that he was
"highly intoxicated" when the police arrived on scene.

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG#1087256

before the incident, in your opinion


were you intoxicated?

A. No.

Q. So your opinion is that you


were not intoxicated, correct?

A. Correct.

Allegation 3 Sustained

It is alleged that on January 11, 2011, at 10


W. 35 th Street, Officer Patrick Kelly, star
19397, made false statements to IPRA
regarding his intoxication in the morning of
January 12, 2010. Specifically, when
Officer Kelly offered the following answer
to the following questions:

Q. . . . were you intoxicated at


this point?

A. No I don't think so. I'm not


really sure if I was or not.
• 4 •

Q. Okay. Urn, and were you


intoxicated while you were off duty?

A. I, I don't think so, I'm not sure.

Allegation 4 Not Sustained

It is alleged that on January 12, 2010, at 727 E.


111th Street, Officer Patrick Kelly, star 19397,
destroyed evidence by urinating on his hands in
lockup prior to the administration of a GSR swab.

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG#1087256

IV. APPLICABLE RULES AND LAWS

Rules

Rule 2: Any action or conduct which impedes the Department's efforts to achieve its policy
and goals or brings discredit upon the Department.

Rule 14: Prohibits making a false report, written or oral.

V. INVESTIGATION

a. Interviews

In an interview with IPRA on January 25, 2010, Sergeant Charmane Kielbasa, #2124, stated
that on January 12, 2010, at approximately 4:39 a.m., while on duty and in uniform she
responded to a dispatch call of a person shot near Street. Sergeant Kielbasa stated
that when she arrived on scene she approached Officer Kelly who was near the back of the
ambulance and attempted to calm him down and control him. However, Sargant Kielbasa stated
that Officer Kelly was belligerent, combative, and smelled of alcohol.'

In a deposition given in the United States District Court, Northern District of Illinois, Eastern
Division, on October 29, 2015, Sergeant Kielbasa, stated that on January 12, 2010, at
approximately 4:30 a.m., she responded to a dispatch of a "person shot" at or near 107th and
Troy. Upon arriving at the scene Sergeant Kielbasa stated "we had to control the scene. It was
very chaotic"4 and that we had a problem with Officer Kelly."5 Sergeant Kielbasa further stated
that she asked Officer Kelly several times to stop obstructing the EMTs and/or the fire
depaitnient personnel, but he would not stop. Sergeant Kielbasa described Officer Kelly as
highly intoxicated based on the strong odor of alcohol.6 She further qualified her assessment that
as a police officer she has investigated cases of DUI and other intoxicated-related offenses.

3 Attachment 26
Att. 47; Pg. 56 Lines 3-6
Att. 47; Pg. 56 Lines 15-18
6 Attachment 47

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG#1087256

In an interview with IPRA on February 19, 2010, Police Officer Stephen Coyne, #15069,
stated that on January 12, 2010 at approximately 4:39 a.m. he responded to a dispatch of a person
shot called in by an off-duty officer. Upon arrival at the scene, Officer Coyne entered the
residence. Officer Coyne stated that he saw Officer Kelly and that as fire personnel put LaPorta
onto the stretcher Officer Kelly was yelling and screaming frantically. Officer Coyne further
stated that Officer Kelly was obviously intoxicated and that he could smell alcohol on him.
Officer Kelly was belligerent and - . . .every other word Kelly used] was profanity."7

In a deposition given in the United States District Court, Northern District of Illinois, Eastern
Division, on October 14, 2015, Officer Coyne, #15069, stated that on January 12, 2010 between
4:00 a.m. and 05:00 a.m. he and his partner Officer Michael Kosur, #13811 responded to a radio
call that stated the incident was called-in by an off-duty officer. Officer Coyne stated that in an
interview with IPRA he indicated that when he arrived Officer Kelly was yelling and screaming
frantically, and that based on his actions and appearances he could tell Officer Kelly was
intoxicated.8 During his deposition Officer Coyne could not independently remember much of
the incident and relied heavily on his IPRA interview to refresh his recollection.

In an interview with IPRA on February 9, 2010, Police Officer Robert De Gasso, #12506,
stated that on January 12, 2010 he and his partner, Officer Raymond Collins, responded to an
OEC call of a man shot in the head. Upon arrival at the scene of the incident Officer De Gasso
observed Officer Kelly and described him as being highly intoxicated, belligerent and
uncooperative. Officer De Gasso stated that there was alcohol all over the room and Officer
Kelly had a slight odor of alcohol about him.9

In an interview with IPRA on April 1, 2010, Police Officer Theresa Berry, #7783, stated that
on January 12, 2010 she and her partner, Officer Joseph Montes De Oca, responded to a call of a
person shot at At the scene of the incident Officer Berry observed Officer Kelly
trying to get inside the ambulance that was transporting LaPorta. Officer Berry indicated that
Officer Kelly appeared intoxicated because his actions were aggressive and he was loud and
emotional. 10

In an interview with IPRA on February 19, 2010, Police Officer Michael Kosur, #13811, stated
that on January 12, 2010 he and his partner, Officer Coyne, responded to a call of a person shot to
assist the officers assigned. Upon arriving at the scene at Officer Kosur stated that
when he encountered Officer Kelly outside of the residence he could smell the odor of an alcoholic
beverage about Officer Kelly and that Officer Kelly slurred his speech. Officer Kosur stated that
Officer Kelly directed profanities at him and Sergeant Kielbasa when they attempted to dissuade
Officer Kelly from getting into the ambulance. Officer Kosur stated that Officer Kelly got very
close to Sergeant Kielbasa, "literally nose to nose," and recalled Officer Kelly "calling her a cunt

7 Attachment 49

8 Attachment 48
9 Attachment 24
1° Attachment 22

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG#1087256

several times." Officer Kosur then performed an emergency takedown of Officer Kelly after Kelly
lunged toward the sergeant.'

In an interview with IPRA on March 25, 2010, Police Officer Joseph Montes De Oca,
#13370, stated that he and his partner, Officer Berry, responded to the scene of the incident to
assist Beat 2211 for a call of a person shot. While on scene Officer Montes De Oca observed
Officer Kelly being irate, swearing and yelling at Sergeant Kielbasa. Officer Montes De Oca
stated that Officer Kelly appeared intoxicated in that he was rambling, his speech was slurred,
and he "reeked" of an alcoholic beverage when Officer Montes De Oca got close to him. 12

In an interview with IPRA on March 2, 2010, Police Officer Jon Ostrowski, #14908, stated that
on January 12, 2010 he and his partner, Officer Steven Brock, arrived at the scene to assist the
assigned unit for a call regarding a person shot. Once at the location of the incident he went inside
the residence and saw that paramedics were treating a male subject. Officer Kelly caught Officer
Ostrowski's attention as Officer Kelly leaned into the area where the paramedics worked saying,
"Check his vitals, he's still breathing." Officer Ostrowski tried to speak with Officer Kelly and
suggested they go outside for air. With that, Officer Kelly backed up against a wall for a short
time. Officer Ostrowski stated that Officer Kelly appeared intoxicated because there were beer
bottles on the table, his breath smelled of an alcoholic beverage and he was belligerent. 13

In an interview with IPRA on February 23, 2010, Police Officer Samantha Szymanski, #14749,
stated that while responding as an assist unit to a call of a person shot at Officer
Kelly appeared intoxicated in that he failed to follow Sergeant Kielbasa's directions, and he was
belligerent and irate.14

In an interview with IPRA on March 3, 2010, Police Officer Jesus Vela, #5556, stated that he
and his partner, Officer Szymanski, responded to a call of a person shot to assist other officers.
While at the scene of the incident Officer Vela observed Officer Kelly run to the ambulance and
try to get inside by banging on the doors and yelling. Officer Kelly appeared intoxicated in that
he slurred his speech and his whole demeanor appeared that he was intoxicated.15

In a deposition given in the United States District Court, Northern District of Illinois, Eastern
Division, on November 17, 2015, Police Officer Jesus Vela #5556 confirmed that in his IPRA
statement he said Officer Kelly appeared intoxicated based on his demeanor and slurred speech.'

In an interview with IPRA on March 12, 2010, Chicago Fire Department Paramedic Victoria
Janozik stated that on January 12, 2010 at approximately 4:38 a.m. she responded to the scene of
an incident regarding a call of a suicide at with her partner, Paramedic Deborah

11 Attachment 44
12 Attachment 20

13 Attachment 21

14 Attachment 23

' 5 Attachment 25
16 Attachment 36

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG#1087256

Kilroe. Paramedic Janozik stated that she thought that Officer Kelly was intoxicated because he
smelled of alcohol and he was belligerent.17

In a deposition given in the United States District Court, Northern District of Illinois, Eastern
Division, on October 14, 2015, Chicago Fire Department Paramedic Victoria Janozik stated
that there was an odor of alcohol in the house that was pretty strong. Additionally, she described
Officer Kelly as irate and out of control. Specifically, she described Officer Kelly as "screaming
at everyone and swinging his arms around and coming closer and closer to the patient and crew."18

In an interview with IPRA on November 14, 2011, Chicago Fire Department Paramedic
Deborah Kilroe stated that on the day of the incident they received a call of a person shot and
responded to On scene as she was preparing to set up the "stair chair" to transport
Officer Kelly charged at her. Paramedic Kilroe added that she was afraid Officer
Kelly was going to hit her at this point. Paramedic Kilroe described Officer Kelly as being
intoxicated in that he was "loud and obnoxious," and that he walked with an unsteady gait. 19

In an interview with IPRA on March 12, 2010, Chicago Fire Department Firefighter William
Johnson stated that Officer Kelly was inside the residence and appeared to be intoxicated because
he slurred his speech and stumbled.2°

In an interview to IPRA on January 15, 2010, stated that he did not witness the
incident. stated that on January 11, 2010 he encountered his cousin
at Brewbakers Bar. met Officer Kelly for the first time at that time.
stated that he saw drinking alcohol and that he appeared to be intoxicated.
had just met Officer Kelly and therefore did not know if Officer Kelly was intoxicated.21

In an interview with IPRA on January 11, 2011, Accused Police Officer Patrick Kelly, #19397,
stated that on January 11, 2010, he had plans to go to McNally's Bar with friends from work.
Officer Kelly could not say how many drinks he had at McNally's, but he stated that he only drank
beer. The group was at McNally's until closing time and they decided to continue drinking at
Brewbakers. Officer Kelly stated that he had more to drink there, but he did not recall how much
he drank or if he drank anything other than beer. Officer Kelly stated that he was not sure if he
was intoxicated.22

In a deposition taken in the Circuit Court of Cook County, Illinois Court Department - Law
Division, on May 4, 2012, in case number 10 L 11901 (later filed in U.S. District Court 14 CV
9665), and subsequently made a part of the record at trial, Accused Police Officer Patrick Kelly,
#19397, testified that between 11:00 p.m. on January 11, 2010, he consumed no more than two
beers at McNally's from the point he arrived until closing time at 2:00 a.m. Officer Patrick Kelly
stated he then went to a late night bar Brewbakers where he stated he consumed no more than two

' 7 Attachment 27
18 Attachment 31
19 Attachment 42
20 Attachment 29

21 Attachment 46
22 Attachment 35

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beers before returning to his house. He further stated that he opened a beer after returning home
from Brewbakers but consumed less than a full beer. Officer Kelly agreed that he consumed a total
of approximately four to five 12-oounce beers from 11:00 p.m., January 11, 2010, through 4:15
a.m., January 12, 2010. Officer Kelly answered no when asked if he had ever been intoxicated
prior to January 11, 2010, and that it was true he was unaware of the personal feeling of being
intoxicated. Officer Kelly added that when he left Brewbakers and arrived at his house he was not
intoxicated. Officer Kelly also gave the following testimony about intoxication:
Q. When you arrived at your house after leaving Brewbakers and before the incident, in your
opinion, were you intoxicated?
A. No.
Q. So your opinion is that you were not intoxicated, correct?
A. Correct.
Q. Are you familiar with what the legal level of intoxication is in the state of Illinois?
A. Yes.
Q. What is it? What's your understanding of what that .08 level does to somebody in terms of
impairment?
A. That is when the signs of intoxication are apparent.

Officer Kelly agreed that .0923 was above the legal limit for intoxication in Illinois. He testified
that he had not had anything to drink or taken mouthwash in the seven or eight hours between the
shooting and the breathalyzer test.

Q: Would you agree that if the number is correct . . . point 093, it would indicate that you
were intoxicated approximately eight hours after the event, correct?

A: It could indicate that, yes.24

In an interview with COPA on January 23, 2018, Accused Police Officer Patrick Kelly, #19397,
was confronted with the relevant portions of his prior statements from his January 11, 2011
interview with IPRA and his May 4, 2012 deposition. Officer Kelly was asked if he stood by his
prior statement or wanted to add to or amend of the statements. For all of the prior statements
presented Officer Kelly declined to add or amend his statements and stated his answers were
truthful. Additionally, Officer Kelly stated when he was placed in the interview room he requested
multiple times to use the restroom. Eventually, Officer Kelly urinated in the interview room
however he stated that he did not urinate on his hands or in an effort to destroy evidence. 25

In a deposition given in the United States District Court, Northern District of Illinois, Eastern
Division, taken November 23, 2015, Sergeant John Pellegrini, #1932, stated that in January of
2010 he was a violent crimes supervisor with the detectives' division. On January 11, 2010,
Sergeant Pellegrini stated that after viewing the Electronically Recorded Interview (ERI) he

23 On January 12, 2010 a breathalyzer test of Officer Kelly showed a BAC of .093. See attachment 33
24 Attachment 34
25 Attachments 51-53

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG#1087256

observed Officer Kelly urinating in the interview room in Area 226 prior to the GSR kit being
administered. However, Sergeant Pellegrini did not know if Officer Kelly urinated on his hands or
took any steps to contaminate or remove debris or evidence from his hands.27

a. Digital Evidence

The ERI turned on when Officer Kelly was placed in the CPD Area 2 interview room on January
12, 2010. According to the detective supplemental report the recording was turned off at
Sergeant Pellegrini's direction at 7:44 a.m.28 The video shows the following:
06:03:00 - Officer Kelly is brought into the interview room.
06:07:03 - An Officer comes to cuff Officer Kelly to the wall, Officer Kelly asks to use the
bathroom before he is cuffed and is denied.
06:07:39- During pat down, Officer Kelly asks if he can use the bathroom after he is searched.
06:08:09 — Officer Kelly asks again to use the restroom and asks why he cannot. He is told the
sergeant is coming in and that he cannot use the restroom before the sergeant arrives.
06:08:28 — Officer Kelly is cuffed to the wall.
06:09:04- Sergeant Pellegrini comes into the room and introduces himself, Officer Kelly asks
again to use the restroom — Sergeant Pellegrini tells him just to hold on a minute and that
someone would be in to interview him soon.
From that point on he is alone in the room by himself, sitting on a bench, with his left hand
cuffed to the wall next to him.
06:27:44-06:28:50 — Officer Kelly crosses his legs and begins swinging them back and forth. He
puts his hand in between his legs and presses down.
06:29:20 — Officer Kelly begins knocking on the bench and calling out to the officers outside of
the room, trying to get their attention.
06:30:18 — Sergeant Burke enters, introduces himself, Kelly asks to use the restroom Burke tells
him that he must wait longer. Kelly says "honestly, I will get up and piss on the fucking wall
[pointing to the wall next to him] what do you want me to do? Why do I have to wait?" Sergeant
Burke tells him he will try to speed things up and then leaves.
06:31:22 — Officer Kelly crosses his legs again and begins rocking back and forth.
06:32:40 — Officer Kelly begins knocking on the bench again and shouts "C'mon guys! Let's
Go" He shouts multiple times, getting louder and louder.
06:34:01 — Officer Kelly stands up and faces the wall. His back is to the camera, he crosses his
legs.
06:34:26 — Officer Kelly yells "Yo Sarge!" twice.
06:34:45 — Officer Kelly unzips his pants with his right hand and can be heard urinating from
06:34:55 until 06:35:34 - during this time, his left hand appears to be away from his body and the
back of his right shoulder and arm are visible. His right hand cannot be seen.
06:53:40 - Officers come back into the room to do the GSR test and to take his photograph.
07:00:18-07:01:00 — Officer performs GSR test on Officer Kelly's left and right hands. The
Officer performing the test is blocking the camera's view of Officer Kelly's hands. However,
from what can be seen, from what the officer performing the test says, and from the length of

26 Area 2 is now known as Area South


27 Attachment 32
28 Attachment 55

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG#1087256

time administering the test — it appears that the Officer is only testing Officer Kelly's hands and
not his wrists or forearms.29

b. Physical Evidence

According to an Alcohol/Drug Influence Report and Intoximeter Test Receipt, Officer Patrick
Kelly was given a Breathalyzer test at 12:17 p.m. on January 12, 2010, at the 005th District Police
Station by Sergeant Ray Broderdorf, #1125, Unit 121. Sergeant Broderdorf noted that Officer
Kelly had a slight odor of alcohol on his breath at that time. The Breathalyzer results indicated
that, at 12:19 p.m., Officer Kelly's Blood Alcohol Content (B.A.C.) was .093g/210L.3°

A Back-Extrapolation calculation dated January 22, 2010, and completed by Dr. A. Karl Larsen,
Jr of the Illinois State Police — Division of Forensic Services, Forensic Science Center — Chicago,
estimated that Officer Kelly's Blood Alcohol Content at the time of the incident was between .169
g/dL and .246 g/dL.31

c. Documentary Evidence

In a Synoptic Report, dated January 12, 2010, Sergeant Ray Broderdorf, #1125, Unit 121,
reported that he responded to Area 2 regarding an attempted suicide by a non-department member
who used Officer Kelly's firearm. The subsequent investigation of the incident revealed that
Officer Kelly was intoxicated and failed to secure his duty firearm. The report documents that
Sergeant Kielbasa reported Officer Kelly as being highly intoxicated. The report further
documented that Officer Kelly was given a breath test that resulted in a BAC reading of .093 at
12:17 p.m. on January 12, 2010.32

According to the Arrest Report (Central Booking # 17768758) and Case Report (Records
Division # HS 116 069), Patrick Kelly was arrested January 12, 2010 for Simple Assault against
Sergeant Kielbasa. The Incident Narrative section of the Arrest and Case Report indicated that
Officer Kelly was highly intoxicated, belligerent and very irate. According to the Lockup Keeper
Processing section of the Arrest Report, Officer Kelly was received into the lockup at 12:31 p.m.
and at that time he did not show any signs of being under the influence of alcohol/drugs33.

Sergeant Kielbasa, Officers Coyne, Kosur, Montes De Oca, and Vela completed Tactical
Response Reports (TRR) regarding their contact with Officer Kelly. In each report, the watch
commander reported "arrestee is a department member who was apparently intoxicated."34

29 Attachment 9
39 Attachments 30, 33
31 Attachment 28

32 Attachment 50

33 Attachments 43, 45

Attachments 37-41

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VI. ANALYSIS

COPA recommends a finding of Sustained for Allegation 1 against Accused Police Officer
Patrick Kelly, #19397, that he provided a false statement during a sworn deposition in that he
only had four to five 12 ounce beers between 11:00 p.m. on January 11, 2010, and 4:15 a.m. on
January 12, 2010.

Chicago Police Rule 14 prohibits the falsification of any report, written or oral. The relevant
section of the Collective Bargaining Agreement (herein CBA) 6.1 M. states that a Rule 14 violation
will be charged when, "the Officer willfully made a false statement; and (2) the false statement
was made about a fact that was material to the incident under investigation."

In sum, Officer Kelly gave a sworn statement under oath in which he claimed he was not
intoxicated after leaving Brewbakers bar, arriving at his house just prior to when
was shot. These statements are contradicted by several eye witnesses and contradicted by Officer
Kelly's BAC of 0.093g/210L taken at 12:17 p.m. on January 12, 2010. For reasons stated below,
the evidence supports the accuracy of the back extrapolation performed by the ISP toxicologist.
However, back extrapolation notwithstanding, it is clear, and Officer Kelly agreed at deposition,
that a BAC of .093 "could" indicate he was intoxicated at 12:17 p.m. the next day.

ISP' s back extrapolation estimated Kelly's BAC at the time of the incident was between .169 g/dL
and .246 g/dL. Back extrapolation is most reliable when an individual is in the elimination phase
— after the body stops absorbing alcohol — which can be between 15 and 90 minutes after an
individual's last drink.35 Here, Officer Kelly's last drink was sometime before 4:15 a.m., and the
breathalyzer was not administered until nearly eight hours later. During the intervening eight
hours, Officer Kelly was in police custody, thus we know he did not have any additional alcohol.
Accordingly, it is more probable than not that Officer Kelly was between two times and three times
the legal limit of intoxication at the time of the shooting and the police and EMT response to his
house. His statements under oath and to IPRA that he was not intoxicated were false.

Moreover, Officer Kelly stated that he had a total of four to five 12 oz. beers36 from 11:00 p.m. on
January 11, 2010, through 4:15 a.m. on January 12, 2010. In direct contrast, the fact that Officer
Kelly had a BAC of 0.093 at 12 p.m., eight hours after the shooting, would be impossible had he
only drank five beers during a five-hour period and stopped consuming alcohol eight hours prior
to providing a sample for the breathalyzer. Even using the conservative estimate of the range for
the back extrapolation of .169 g/D1, five beers over that five-hour period is simply not consistent.
According to the National Highway Traffic Safety Administration (NHTSA)37, one 4.5% alcohol
by volume (ABV) beer only raises a 200-pound person's BAC by 0.02, while the average person's
BAC decreases 0.015 percentage each hour after drinking. Officer Kelly testified he was out
drinking for five hours and only drank five light beers — two between 11:00 p.m. and 2:00 a.m.,
two between 2:00 a.m. and 4:00 a.m., and less than one between 4:00 a.m. and 4:15 a.m. If this
were true, his BAC would have been around 0.025 around 4:15 a.m., and would have been zero
by 6:30 a.m. Assuming, arguendo, Officer Kelly only drank five beers, and drank all five of those

35 People v. Floyd, 2014 IL App 2d 120507.


36 Kelly noted that he drank Miller Lite or Bud Light. Three bottles of "Bud light" and 2 bottles of "Full Moon"
were recovered from Kelly's home
37 "Approximate Blood Alcohol Content (BAC) In One Hour" table by NHTSA, attached hereto as Exhibit I .

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG#1087256

beers right before the shooting, his peak BAC would have been 0.10 at 4:15 a.m., and by 12:00
p.m. his BAC would have been a 0.0. Instead, Officer Kelly's BAC was still 0.093 at
approximately 12:15 p.m. It is impossible that Officer Kelly's only alcohol intake between 11:00
p.m. and 4:15 a.m. was four beers.

For the same reasons stated in support of the findings for Allegation 1, COPA recommends a
finding of Sustained for Allegation 2 against Accused Police Officer Patrick Kelly, #19397,
that he provided a false statement under oath that he was not intoxicated while off duty the night
of January 11, 2010, and the morning of January 12, 2010.

For the same reasons stated in support of the findings for Allegation 1 and 2, COPA recommends
a finding of Sustained for Allegation 3 against Accused Police Officer Patrick Kelly, #19397,
that he provided a false statement to IPRA that he was not intoxicated while off duty the night of
January 11, 2010, and the morning of January 12, 2010.

COPA recommends a finding of Not Sustained for Allegation 4 against Accused Police Officer
Patrick Kelly, #19397, that Officer Kelly destroyed evidence by urinating on his hands in lockup
prior to the administration of a GSR swab. No one witnessed or testified that they witnessed Officer
Kelly urinating on his hands. From review of the ERI, there is insufficient evidence to conclude
that Officer Kelly was deliberately attempting to urinate on his hands. Officer Kelly asked to use
the washroom multiple times and was in the interview room alone for 20 minutes prior to urinating
against the wall. It is logical that if Officer Kelly was trying to destroy evidence, he would have
acted as soon as he had the opportunity to do so. Instead Officer Kelly asks everyone who comes
into the room if he can use the washroom, and then yells out multiple times before standing up to
urinate against the wall. While he is urinating, Officer Kelly's left hand is visible the entire time.
While Officer Kelly's right hand is not visible, there is insufficient evidence to conclude that he
intentionally urinated on his hand to destroy evidence.

VII. RECOMMENDED DISCIPLINE FOR SUSTAINED ALLEGATIONS

a. Officer Patrick Kelly

i. COPA has reviewed Officer Kelly's Complimentary and Disciplinary


History.

ii. Recommended Penalty, by Allegation

1. Allegation No. 1

Based on the egregious nature of the allegation, COPA recommends that Officer Patrick Kelly be
separated from the Chicago Police Department.

2. Allegation No. 2

Based on the egregious nature of the allegation, COPA recommends that Officer Patrick Kelly be
separated from the Chicago Police Department.

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG#1087256

3. Allegation No. 3

Based on the egregious nature of the allegation, COPA recommends that Officer Patrick Kelly be
separated from the Chicago Police Department.

VIII. CONCLUSION

Based on the analysis set forth above, COPA makes the following findings:

Officer Allegation Finding


Officer Patrick Kelly 1. Provided false statements in violation of Sustained
rule 14 (see above)
2. Provided false statements in violation of Sustained
rule 14 (see above)
3. Provided false statements in violation of Sustained
rule 14 (see above)
4. Attempted to destroy evidence by urinating Not
on his hands prior to GSR test was Sustained
performed.

Approved:

Sydney R. Rpfierts Date


ChiefAdministrator

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG#1087256

Appendix A

Assigned Investigative Staff

Squad# Four
Investigator: Theresa Davis
Supervising Investigator: James Murphy-Aguilu
Deputy Chief Administrator: Andrea Kersten

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CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG#1087256

Approximate Blood Alcohol Content (BAC) In One Hour


Source: National Highway Traffic Safety Administration

Drinks Body Weight In Pounds Influenced

100 120 140 160 180 200 220 240

I 11111111MIEMODIM IP
7 diiii i im .0/ .06 .05 .05 .04 .04

.07 .06 .06


3 III 111111116.
Impaired
1 . i H 11111111111111 OM 1.

5
rimonsions 4, ..
11111111111111111111M

I ionoriiiim= limi
6

8 1111111111111111111111111121
9 111111111111111111111111111
10
Subtract .015 for each hour after drinkina.
One drink equals 1,5 oz, of 80 proof liquor (40%), 12 oz. beef (4.5%), or 5 oz. wine (12%).
Note: The frgures are averages and may vary based on the amount of food in your
stomach.

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