LOG NO TYPE DATE OF REPORT

SUMMARY REPORT DIGEST

1087620 CR I 25-JAN-2018
CHICAGO POLICE DEPARTMENT
INSTRUCTIONS: To be used in all cases that are to be classified as either EXONERATED, UNFOUNDED, NOT SUSTAINED, NO AFFIDAVIT, or in
SUSTAINED cases where the Disciplinary Recommendation does not exceed Five (5) DAYS SUSPENSION.

TO: ■ CHIEF ADMINISTRATOR,

CHIEF,
CIVILIAN OFFICE OF POLICE
BUREAU OF INTERNAL AFFAIRS
ACCOUNTABILITY

FROM - INVESTIGATOR'S NAME RANK STAR NO EMPLOYEE NO UNIT ASSIGNED UNIT DETAILED
9181 113
REFERENCE NOS-(LIST ALL RELATED C.L., C.B., I.R., INVENTORY NOS., ETC., PERTINENT OF THIS INVESTIGATION)
INCIDENT ADDRESS: 5106 S. PULASKI RD, CHICAGO, IL 60632 rDATE / TIME23-NOV-2017 12:11 BEAT: 815

ACCUSED
NAME RANK STAR NO EMP NO UNIT UNIT SEX/RACE DOB APPOINTED ON SWORN
ASSIGNED DETAILED' DATE DUTY ? 7
PUSZKIEWICZ, ERIC J 9161 9913 008 M / WHI -1983 31-JUL-2006 YES YES

REPORTING PARTY
NAME ADDRESS* CITY TELEPHONE SEX/RACE DOB/AGE
M / BLK -1984 / 33

VICTIMS
NAME ADDRESS* CITY TELEPHONE SEX / RACE DOB/AGE
I
-- M / BLK -1984 / 33

WITNESSES
NAME ADDRESS* CITY I TELEPHONE SEX / RACE DOB/AGE
RANK: M/S -1981 / 36
F / BLK

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

ALLEGATIONS
See page 3.

CPD-44.112-IPRA (Rev. 2/12) Page 1 1087620

 SUMMARY
See pages 4-9.

ATTACHMENTS

INVESTIGATIVE REPORTS - INVESTIGATIVE REPORTS - PHYSICAL EVIDENCE TOTAL NUMBER OF

SUPPORTING ALLEGATIONS LIST SUPPORTING ACCUSED MEMBERS(S) LIST ATTACHMENTS ATTACHMENTS SUBMITTED
ATTACHMENTS NUMBER LIST ATTACHMENTS NUMBER: NUMBERS: WITH THIS FILE:

32

FINDINGS - RECOMMENDATIONS
See pages 9-10

DATE INITIATED DATE COMPLETED (Date of this report) ELAPSED TIME

(Date incident was received for investigation) (Total time expressed in days)

20-DEC-2017 25-JAN-2018 36

Investigator will initiate the Command Channel Review form by INVESTIGATOR'S SIGNATURE
completing the Investigator's Section.

IF NECESSARY, USE AN 8 1/2 x 11" SHEET OF WHITE PAPER TO CONTINUE ANY ITEM.
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG #1087620

SUMMARY REPORT OF INVESTIGATION

I. EXECUTIVE SUMMARY

Date of Incident: November 23, 2017

Time of Incident: 12:40 PM
Location of Incident: 5106 S. Pulaski Road/CTA Pulaski Orange Line Station
Date of COPA Notification: November 27, 2017
Time of COPA Notification: 10:03 AM

On November 23, 2017 at approximately 12:40 pm, " was waiting for
his mother, (" to pick him up from the CTA Pulaski Orange Line
Station ("CTA Station"). Officers Eric Puszkiewicz #9913 and Jose Lopez #11943 were sitting
inside their marked squad car that was parked in the CTA Station parking lot when they observed
The officers exited their vehicle and approached alleges that Officer
Puszkiewicz displayed and pointed his weapon at him, COPA reviewed these allegations and
reached a Sustained finding.

II. INVOLVED PARTIES

Involved Officer #1: Eric Puszkiewicz, Star #9913, Employee # , 11 Years

on Force, Police Officer, 34 Years of Age, Male, White

Involved Officer #2: Jose Lopez, Star #11943, Employee # , 11 Years on

Force, Police Officer, 36 Years of Age, Male, Hispanic

Subject #1: 33 Years of Age, Male, Black

III. ALLEGATIONS

Officer Allegation Finding

Officer Eric Puszkiewicz 1. Unnecessarily displayed and pointed his weapon Sustained
at

IV. APPLICABLE RULES AND LAWS

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

3
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG #1087620

2. Rule 3: Any failure to promote the Department's efforts to implement its policy or accomplish
its goals

3. Rule 8: Disrespect to or maltreatment of any person, while on or off duty

4. Rule 38: Unlawful or unnecessary use or display of a weapon

General Orders
1. G03-02-01: Force Options

V. INVESTIGATION

COPA conducted a thorough and complete investigation. The following is a summary of the
material evidence gathered and relied upon in our analysis.

a. Interviews

COPA conducted audio statement on November 28, 2017.

On November 23, 2017, stated he left the CTA Pulaski Orange Line platform and called his
mother, to tell her he was waiting for her. indicated that told him she
was two stop lights away. stated he saw pull up into the "Kiss n' Ride" area and
park adjacent to a police SUV. indicated that parked very close to the police
vehicle. stated he exited the CTA Station with his hands in his pocket. stated that he
was not loitering and did not make any startling movements. While walking towards
vehicle, stated that an officer, now known to him as Officer Puszkiewicz, saw him and
looked at his partner, now known to him as Officer Lopez. said Officer Puszkiewicz exited
his vehicle with his hand on his firearm saying, "get your hands up, hands out of your pocket
slowly." stated he stood there and slowly put his hands up. stated that Officer
Puszkiewicz pointed his firearm right at chest and abdominal area. stated
who remained in her vehicle, witnessed this, and screamed "that's my son, what's going on?"
stated that Officer Puszkiewicz said "walk up slowly." said he replied, "what did I
do?" stated that Officer Puszkiewicz asked "what is in your pockets?" while his firearm was
still displayed and unholstered. stated he opened his jacket. said he only had a lint
roller inside his jacket. stated Officer Lopez exited his vehicle and looked at
vehicle and said, "is this your son?" said replied, "yes, that's my son, what's
going on?" stated that Officer Puszkiewicz asked him whether was his mother to
which replied yes. stated that Officer Puszkiewicz says "I'm sorry, there have been a
lot of robberies happening lately in the area." indicated that Officer Puszkiewicz tried to
diffuse the situation and Officer Lopez intervened to calm down. stated he asked
the officers "why did you pull the gun out?" to which Officer Puszkiewicz replied, "you were
walking up to my car with your hands in your pocket, what am I supposed to think?" said
he replied "yes, I was, because my mother's car was parked very closely to your car."

stated that Officer Puszkiewicz did not search rather, opened his
jacket and Officer Puszkiewicz looked inside. stated he and asked Officer

4
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG #1087620

Puszkiewicz whether fit the description of the individual Officer Puszkiewicz was looking
for, but Officer Puszkiewicz did not answer. stated Officer Puszkiewicz became defensive,
aggressive, and arrogant. After Officer Puszkiewicz gave the investigatory stop receipt,
stated he and drove away. stated the incident lasted from approximately
12:50 PM to 1:10 PM. stated he wore jeans, a blue dress shirt, black boots, a jacket, and
black beanie during the incident. Later in the day, stated he went back to the Pulaski
Orange line station and spoke to a CTA employee asking whether she saw any officers.
stated that the CTA employee said she neither saw nor spoke to officers.'

COPA conducted witness (" audio statement on

November 28, 2017. stated she is mother. stated she was on her way
to the CTA Pulaski Orange Line to pick up stated called to ask where she
was to which she replied that she was two stop lights away. stated she pulled into the
"Kiss n' Ride" area of the CTA Station and parked adjacent to a police SUV. stated she
parked close enough that the police door would hit her passenger door. stated the officers
were already parked sitting inside their vehicle when she parked next to them. stated
proceeded to her vehicle when she saw the police vehicle door open. stated an
officer, now known to her as Officer Puszkiewicz, exited with his firearm drawn. stated
the firearm was pointed at chest.

stated she screamed "that's my son, that's my son" numerous times.

stated that Officer Puszkiewicz looked at her vehicle and ask if she was mother, to which
she replied "yes, I'm his mother, what is going on, you pulled a gun." stated that both
officers realized that was walking towards vehicle. stated she asked
Officer Puszkiewicz about drawing his firearm to which Officer Puszkiewicz said, "there have
been a lot of robberies in the area." said she asked Officer Puszkiewicz "does that mean
fit the description of the robber." said that Officer Puszkiewicz did not answer.
said she talked to Officer Puszkiewicz about what happened and Officer Puszkiewicz
replied, "He feared for [his] safety. He did not like the way [ was walking towards [him]
because he felt threatened." said she told Officer Puszkiewicz that was walking
towards her vehicle. stated the officers did not search described
Officer Puszkiewicz as arrogant. stated she remained inside her vehicle throughout the
incident. stated she and went to back to the CTA Station and spoke to a CTA
employee. said that the CTA employee did not know of any robberies or see any officers
at the station.2

COPA conducted witness Officer Jose Lopez's #11943 ("Officer Lopez") audio
statement on January 9, 2018. Officer Lopez was accompanied by counsel. Officer Lopez stated
that while working with Officer Puszkiewicz on November 23, 2017, which was Thanksgiving
Day, they were parked in the CTA Pulaski Orange Line's parking lot. Officer Lopez indicated the
officers were parked in the lot for "police presence" because there were armed robberies in the
vicinity. Officer Lopez stated he received information in roll call and worked in the area, therefore,
he was aware of current robberies in the area. Officer Lopez stated he did not recall if he knew the

' Attachment 10
2 Attachment 11

5
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG #1087620

robbery suspect's description when he and Officer Puszkiewicz were parked in the CTA parking
lot.

Officer Lopez stated he saw an individual, now known as in an unstable state

walking towards the squad car with his hand inside an article of clothing. Officer Lopez stated he
knew was unstable because behavior and that walked in different directions.
Officer Lopez said he did not recall how long he and Officer Puszkiewicz were parking in the
parking lot prior to seeing Officer Lopez stated he saw other people entering and exiting
the CTA station, but does not know approximately how many people entered and exited the CTA
station. Officer Lopez stated he and Officer Puszkiewicz approached for a field interview.
Officer Lopez stated the officers made this decision based on behavior. Officer Lopez
stated that prior to approaching he and Officer Puszkiewicz spoke about possibly
possessing a weapon. Officer Lopez stated that he believed may have possessed a weapon
due to behavior. He stated that the way exited the CTA station, the way
looked and walked in different directions, not having a focused flight of direction,
having one hand in his clothing, and walking towards the squad car were suspicious. Officer
Lopez said he exited his vehicle and went around the back of the squad car. Officer Lopez stated
that Officer Puszkiewicz spoke to Officer Lopez stated that told the officer he was
getting picked up by this mother (

Officer Lopez stated he did not know what Officer Puszkiewicz's actions because he was
focused on the Officer Lopez stated he did not see Officer Puszkiewicz exit the squad car.
Officer Lopez stated that when he saw Officer Puszkiewicz speaking to he does not know
where Officer Puszkiewicz's firearm was located. Officer Lopez stated he did not see Officer
Puszkiewicz unholster or point his firearm during this incident. Officer Lopez stated he spoke to
and but did not recall the substance of the conversations.

Officer Lopez stated sat inside her vehicle, which was parked next to the squad
car. Officer Lopez stated he did not see her vehicle prior to exiting his vehicle. Officer Lopez
stated he could not speculate whether Officer Puszkiewicz saw vehicle. Officer Lopez
stated in order to approach vehicle, went towards the squad car. Officer Lopez
said that once it was determined was waiting for to pick him up, the officers
decided a field interview was not needed.

Officer Lopez stated he reviewed the Investigatory Stop Report, Officer Puszkiewicz
authored the report, and it is fair and accurate to what he recalls. Officer Lopez stated he did not
conduct a pat down on and does not know whether Officer Puszkiewicz conducted a pat
down. Officer Lopez stated he does not recall why he did not conduct a pat down when he believed
possessed a weapon. Officer Lopez stated he normally conducts a pat down in similar
circumstances. Officer Lopez indicated that no weapon was recovered.

Officer Lopez stated that the officers' demeanor was professional. Officer Lopez stated
that he does not recall or demeanors. Officer Lopez stated he does not recall if
he or Officer Puszkiewicz asked about robberies in the area.3

Attachment 25

6
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG #1087620

COPA conducted Officer Eric Puszkiewicz's #9913 ("Officer Puszkiewicz") audio

statement on January 9, 2018. Officer Puszkiewicz was accompanied by counsel. Officer
Puszkiewicz stated he and Officer Lopez were parked in the "Kiss n' Ride" parking lot of the CTA
Pulaski Orange Line Station where individuals pick up and drop off train passengers. Officer
Puszkiewicz stated that multiple robberies took place the prior day in the area and its offenders
fled towards the CTA Pulaski Orange Line Station. Officer Puszkiewicz said the robbery suspects'
description was teenage, black males. Officer Puszkiewicz stated he and Officer Lopez sat inside
their squad car as a deterrence and to investigate. Officer Puszkiewicz stated he saw multiple
vehicles entering and exiting the parking lot picking up individuals from the CTA station. Officer
Puszkiewicz said he previously sat in the parking lot and the only action that took place was
individuals taking public transportation.

Officer Puszkiewicz stated he was parked in the lot for approximately ten minutes prior to
interacting with Officer Puszkiewicz stated he saw as he exited the CTA station.
Officer Puszkiewicz stated was walking erratically in various directions. Officer
Puszkiewicz stated quickly changed his walking direction then quickly looked and walked
towards the squad car. Officer Puszkiewicz stated that he perceived to be mentally unstable.
Officer Puszkiewicz stated he did not notice whether other vehicles were in the parking lot because
he was focused on Officer Puszkiewicz stated his view of was unobstructed. Officer
Puszkiewicz said was walking in the parking lot for less than thirty seconds. Officer
Puszkiewicz stated when he exited his vehicle he noticed had his right hand inside his jacket.
Officer Puszkiewicz stated that with his perceived mental state of combined with
manner of walking towards squad car, he unholstered his weapon as he exited.

Officer Puszkiewicz said he thought would shoot the officers because he perceived
to be mentally unstable, walking towards the squad car, and hand inside his
jacket. Officer Puszkiewicz stated it was "chilly" on November 23, 2017. Officer Puszkiewicz said
that his firearm was by his side by the holster but does not recall if he pointed the firearm at
Officer Puszkiewicz stated he ordered to show his hands, to which complied. Officer
Puszkiewicz indicated that, at this time, he realized that was walking towards the red vehicle
parked a few feet away from the squad car. Officer Puszkiewicz indicated that mother
( occupied the red vehicle because she was picking up from the CTA station.
Officer Puszkiewicz stated he noticed vehicle awaiting when he exited his
squad car. Officer Puszkiewicz stated once he realized was walking towards
vehicle, he no longer felt threatened by Officer Puszkiewicz stated he did not recall his
conversation with Officer Puszkiewicz stated he told he observed
manner of walking and he perceived to be mentally unstable. Officer Puszkiewicz stated he
did not conduct a pat down because he realized was walking towards s vehicle
and the threat disappeared.

Officer Puszkiewicz stated looked young, but not the age of a teenager. Officer
Puszkiewicz stated that when he unholstered his weapon while he exited his squad car, he did not
believe to be one of the robbery suspects. Officer Puszkiewicz stated his perception of
mental state alerted him more than anything else. Officer Puszkiewicz stated he has
experience with mentally unstable individuals due to "numerous radio calls [and] daily interactions

7
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG #1087620

with them." Officer Puszkiewicz described the manner mentally unstable individuals walk as
"erratic, unsure where they are going, [and] spastic."

Officer Puszkiewicz stated he completed the Investigatory Stop Report and its receipt.
Officer Puszkiewicz stated information was clear. Officer Puszkiewicz said he and Officer
Lopez left the CTA station a few minutes after their interaction with Officer Puszkiewicz
indicated he saw approximately ten individuals entering and exiting the CTA station prior to his
contact with Officer Puszkiewicz stated he did not recall the individuals' physical
description, behavior, or hand positions. However, Officer Puszkiewicz stated their behavior did
not "pique his interest [or] attention."4

b. Digital Evidence

Officers Lopez and Puszkiewicz's body-worn cameras depict Officers Lopez and
Puszkiewicz conversing with and The videos do not depict the officers' initial
approach towards Officers Lopez and Puszkiewicz's in-car camera did not capture the
incident.5

COPA served a subpoena on the Chicago Transit Authority ("CTA") on November 28,
2017 for surveillance footage. CTA's response states it has no responsive video.6

COPA conducted a POD search around the incident location; however, there are no PODs
in the area that would have captured the incident.7

c. Documentary Evidence

The Office of Emergency Management and Communications Event Query Report

indicates that Officer Puszkiewicz provided information to dispatch, which was clear.8

COPA conducted a search for Office of Emergency Management and Communications

PDT Messages on December 21, 2017; however, no PDT messages were found.9

The Investigatory Stop Report, No. ISR000383293 and Event No. 05968, authored by
Officer Puszkiewicz lists as the individual stopped. The report states that Officer
Puszkiewicz did not conduct a protective pat down and did not find a weapon or contraband on
The report narrates that Officers Puszkiewicz and Lopez were conducting a premise check
due to recent robberies. The officers observed exit the train station walking in various
directions and then walk towards the officers in an erratic manner. The report states the officers
believed to be in an unstable state because he kept his right hand inside of his jacket. The
report further states that in fear that was holding a weapon combined with the perceived

Attachment 30
5 Attachment 14
6 Attachments 17 and 23
7 Attachment 22
Attachments 15 and 16
9 Attachment 18

8
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG #1087620

mental state, the officers ordered to show his hands as Officer Puszkiewicz unholstered his
weapon. The report states the officers realized was walking towards an awaiting vehicle.10

VI. ANALYSIS

COPA recommends a finding of Sustained for Allegation #1 against Officer Puszkiewicz,

that he unnecessarily displayed and pointed his weapon at General Order G03-02-01
regulates when an officer can deploy their firearm, but the order does not address when an officer
can or cannot draw their firearm from their holster. Rule 38 clarifies when an officer can display
their firearm stating that an officer is prohibited from unlawfully or unnecessarily using or
displaying a weapon. Determining whether Officer Puszkiewicz's display and pointing of his
firearm was proper is fact dependent.

It is undisputed that Officer Puszkiewicz unholstered his firearm when he exited his marked
squad car. Officer Puszkiewicz claimed he believed may discharge a weapon at the officers
because hand remained inside his jacket, walked towards the officers' vehicle, and
he perceived to be mentally unstable due to walking erratically.

Once exited the CTA station, he waited for to arrive. exited the
CTA station with his hands in his pocket without making sudden movements. It is quite normal
for an individual to wait for a ride after exiting a CTA train station, and to walk with their hands
in their pocket when the weather is cold. Officer Puszkiewicz even said it was "chilly" at the time
of the incident. Once saw arrive, he walked towards her vehicle. To go to
vehicle, had to walk towards the squad car because both vehicles were parked
a few feet away from each other. Officer Puszkiewicz stated he noticed vehicle was
parked near the squad car. Officer Puszkiewicz claimed that due to manner of walking, he
perceived to be mentally unstable which primarily alerted him to exit his vehicle. However,
the fact that he perceived to be mentally unstable does not necessitate unholstering and
pointing his firearm at Also, pacing in different directions while waiting for someone on a
cold day is ordinary.

At no point was it objectively reasonable for Officer Puszkiewicz to believe that

would likely cause death or serious physical injury to another individual. In fact, it was Officer
Puszkiewicz's actions which could have resulted in death or serious physical injury to
Officer Puszkiewicz admitted that he did not believe might be one of the robbery suspects.
Officer Puszkiewicz's explanation that seemed "unstable" is tenuous at best.

Although Officer Puszkiewicz stated he does not recall whether he pointed his firearm at
both and claimed he pointed it at chest. Based on their statements,
and the fact that Officer Puszkiewicz did not deny that he pointed his weapon at COPA
finds that it is more likely than not that Officer Puszkiewicz acted as alleged.

For the above reasons, it was unreasonable and unnecessary for Officer Puszkiewicz to
unholster and point his firearm at

1° Attachment 19

9
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG #1087620

VII. CONCLUSION

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

Allegation Finding
Officer Puszkiewicz
1. Unnecessarily displayed and pointed his weapon at I Sustained

Approved:

Jothua T. Hunt Date

Deputy ChiefAdministrator

10
CIVILIAN OFFICE OF POLICE ACCOUNTABILITY LOG #1087620

Appendix A

Assigned Investigative Staff

Squad#:
Investigator:
Supervising Investigator:
Deputy Chief Administrator: Joshua Hunt

11
OFFICE OF THE SUPERINTENDENT 11 MARCH 2019
Management and Labor Affairs Section

TO: Eddie T. Johnson

Superintendent of Police

Keith A. Calloway
Chief
Bureau of Internal Affairs

Attention: Sergeant Meagan Remiasz

Commanding Officer
Records Section

Sergeant Luke Connolly

Commander Officer
Advocate Section

Fred L. Waller
Chief
Bureau of Patrol

Attention: Brian P. McDermott

Commander
008th District

Sydney Roberts
Chief Administrator
Civilian Office of Police Accountability (COPA)

Attention: Kevin O'Connor

General Counsel

FROM: Wynter C.N. Jackson

Director
Management and Labor Affairs Section

SUBJECT: BINDING SUMMARY OPINION

Re: Police Officer Eric Puszkiewicz, Star No. 9913, Employee No.
Unit 008, Grievance No. 008-18-005, Log No.1087620

DECISION: The Arbitrator ruled that the Department did not have just cause to issue
Grievant Eric Puszkiewicz a ten (10) day suspension. Therefore, the ten (10) day suspension,
which gave rise to the listed grievance, shall be expunged from the grievant's record. The
disciplinary record of the grievant will be amended to reflect this change.

Pursuant to the above captioned arbitration decision, the following actions must
be taken:
The Unit Commander: Will ensure the grievant is notified of the provisions of
this directive and the grievance number is considered closed after implementation of the Binding
Summary Opinion.

Page 1
 OFFICE OF THE SUPERINTENDENT 11 MARCH 2019
Management and Labor Affairs Section

SUBJECT: BINDING SUMMARY OPINION/AWARD DECISION

Re: Police Officer Eric Puszkiewicz, Star No. 9913, Employee No.
Unit 008, Grievance No. 008-18-005, Log No.1087620

The BIA Records Section: Will ensure that the disciplinary record of the
grievant is amended, if necessary, in accordance with the Binding Summary Opinion and
copies of any relevant documents (i.e. compliant history), which indicate compliance, are
included with this reply.

The BIA Advocate Section: Will ensure that the Department complies with the
Binding Summary Opinion and copies of any relevant documents, which indicate compliance,
are included with this reply.

The COPA General Counsel: Will ensure that the disciplinary Record of the
grievant is amended to reflect the above captioned changes and copies of any relevant
documents, which indicate compliance, are included with this reply.

If directed to take any action, please the complete compliance section, attach any
relevant documentation which indicates compliance, and return to Management and Labor
Affairs Section. If there are any questions regarding this directive, please contact Sergeant
Nicole Thompson, Management and Labor Affairs Section, at Pax 0671 / 0672 or Bell 745-5806.

Wynter C. N. Jackson
Director
Management and Labor Affairs Section

Approved:

cmaryttieba(
Dana O'Malley
Assistant General Counsel
Office of the Superintendent

Compliance:
Signature: Title:
Date: Unit:
Documentation:

WCNJ/nct
Enclosures: (1)

PLEASE COMPLETE AND

RETURN TO MLAS (UNIT 129)

Page 2
 CITY OF CHICAGO POLICE DEPARTMENT —
FRATERNAL ORDER OF POLICE CHICAGO LODGE NO. 7
SUMMARY ARBITRATION

In the Matter of the

Arbitration Between:

CITY OF CHICAGO POLICE P.O. Eric Puszkiewicz, Star 9913

DEPARTMENT Gr. No. 008-18-005/246
CR No. 1087620
-and-

FRATERNAL ORDER OF POLICE,

CHICAGO LODGE NO. 7

ARBITRATOR'S SUMMARY OPINION AND BINDING AWARD

APPEARANCES:

FOR CITY OF CHICAGO FOR FRATERNAL ORDER OF POLICE

POLICE DEPARTMENT: CHICAGO LODGE No. 7:

Sgt. Nicole Thompson, MLAS Richard L. Aguilar, Field Representative

Background

The allegation against Police Officer Eric Puszkiewicz is:

It is alleged that on November 23, 2017 at approximately 12:40 PM

around 5106 S. Pulaski Road/CTA Orange Line Station Officer Eric
Puszkiewicz:

1. Unnecessarily displayed and pointed his weapon at

The investigation was assigned to of the Civilian Office of Police

Accountability. After interviewing Officer Puszkiewicz, his partner, Officer Jose Lopez, Star

11943, and civilians and his mother, Investigator sustained

the allegation which was approved by supervising Investigator and Deputy Chief
Administrator Joshua Hunt of COPA. COPA's recommended discipline was a 10 day

suspension which Officer Puszkiewicz has grieved.

Certain facts are undisputed. On November 23, 2017, Officer Puszkiewicz was on duty

in a squad car with his partner, Officer Lopez. The Officers were working out of the 008111

District. They had been advised, apparently at roll call, that there had been reports of robberies

on November 23, 2017 in the vicinity of the CTA Pulaski Orange Line stop. As a result, Officers

Puszkiewicz and Lopez parked their vehicle in the "Kiss n' Ride" area of the Pulaski Orange

Line station as a deterrent. The description of the robbery suspects was teenage Black males.

The Officers were so parked at approximately 12:50 p.m. on November 23, 2017.

was a Black male, 33 years old at the time. Mr. had ridden the

Orange Line arriving at the Pulaski Orange Line platform at which time he called his mother,

to advise her that he was waiting for her to pick him up. According to Mr.

told him that she was two stop lights away. Mr. saw his mother,

pull up into the "Kiss n' Ride" area and park her vehicle next to the vehicle of

Officer Puszkiewicz's squad car. stated he then proceeded to walk toward his

mother's vehicle. According to his interview, as recorded in the Summary Report:

While walking towards vehicle, stated that an

officer, now known to him as Officer Puszkiewicz, saw him and looked
at his partner, now known to him as Officer Lopez. said Officer
Puszkiewicz exited his vehicle with his hand on his firearm saying, "get
your hands up, hands out of your pocket slowly." stated he stood
there and slowly put his hands up. stated that Officer Puszkiewicz
pointed his firearm right at chest and abdominal area.
stated who remained in her vehicle, witnessed this, and
screamed "that's my son, what's going on?" stated that Officer
Puszkiewicz said "walk up slowly." said he replied, "what did I
do?" stated that Officer Puszkiewicz asked "what is in your
pockets?" while his firearm was still displayed and unholstered.
stated he opened his jacket. said he only had a lint roller inside

2
 his jacket. stated Officer Lopez exited his vehicle and looked at
vehicle and said, "is this your son?" said
replied, "yes, that's my son, what's going on?" stated that Officer
Puszkiewicz asked him whethe was his mother to which
eplied yes. stated that Officer Puszkiewicz says "I'm sorry,
there have been a lot of robberies happening lately in the area."
indicated that Officer Puszkiewicz tried to diffuse the situation and
Officer Lopez intervened to calm down. stated he
asked the officers "why did you pull the gun out?" to which Officer
Puszkiewicz replied, "you were walking up to my car with your hands in
your pocket, what am I supposed to think?" said he replied "yes, I
was, because my mother's car was parked very closely to your car."
stated that Officer Puszkiewicz did not search rather,
opened his jacket and Officer Puszkiewicz looked inside.
stated he and asked Officer Puszkiewicz whether fit
the description of the individual Officer Puszkiewicz was looking for,
but Officer Puszkiewicz did not answer. stated Officer
Puszkiewicz became defensive, aggressive, and arrogant. After Officer
Puszkiewicz gave the investigatory stop receipt, stated he
and drove away. stated the incident lasted from
approximately 12:50 PM to 1:10 PM. stated he wore jeans, a blue
dress shirt, black boots, a jacket, and black beanie during the incident.

Investigator correctly reported statement when writing as

follows:

COPA conducted witness ("

audio statement on November 28, 2017. stated she is
mother. stated she was on her way to the CTA Pulaski
Orange Line to pick up stated called to ask
where she was to which she replied that she was two stop lights away.
stated she pulled into the "Kiss n' Ride" area of the CTA
Station and parked adjacent to a police SUV. stated she
parked close enough that the police door would hit her passenger door.
stated the officers were already parked sitting inside their
vehicle when she parked next to them, stated
proceeded to her vehicle when she saw the police vehicle door open.
stated an officer, now known to her as Officer Puszkiewicz,
exited with his firearm drawn. stated the firearm was pointed
at chest.

stated she screamed "that's my son, that's my son"

numerous times. stated that Officer Puszkiewicz looked at her
vehicle and ask if she was mother, to which she replied "yes, I'm
his mother, what is going on, you pulled a gun." stated that
both officers realized that was walking towards

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 vehicle. stated she asked Officer Puszkiewicz about drawing
his firearm to which Officer Puszkiewicz said, "there have been a lot of
robberies in the area." said she asked Officer Puszkiewicz
"does that mean fit the description of the robber." said
that Officer Puszkiewicz did not answer. said she talked to
Officer Puszkiewicz about what happened and Officer Puszkiewicz
replied, "He feared for [his] safety. He did not like the way was
walking towards [him] because he felt threatened." said she
told Officer Puszkiewicz that was walking towards her vehicle.
stated the officers did not search described
Officer Puszkiewicz as arrogant. stated she remained inside
her vehicle throughout the incident. stated she and
went to back to the CTA Station and spoke to a CTA employee.
said that the CTA employee did not know of any robberies or
see any officers at the station.

As noted, acknowledged, which is revealed on the taped interview, that Officer

Paszkiewicz did tell her that, based upon his observation of he felt threatened and

feared for his safety. also acknowledged that she did not understand police

work.

In his interview, Officer Lopez confirmed that he and Officer Puszkiewicz were at the

Pulaski station parked in the Kiss n' Ride area surveilling the situation because of being advised

that there had been robberies in the area the day before. Officer Lopez did get out of the vehicle

along with Officer Puszkiewicz when the two saw walking toward their car.

Officer Lopez did not see what action Officer Puszkiewicz was taking with his holster or gun, but

instead was concentrating on the actions of Officer Lopez did state that

appeared to be in an unstable state, walking toward the squad car with his hands inside an

article of clothing and that he was concerned about behavior who was walking in

different directions.

Investigator correctly represented Officer Puszkiewicz' recorded statement when

writing in the summary report:

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 Officer Puszkiewicz stated he was parked in the lot for
approximately ten minutes prior to interacting with Officer
Puszkiewicz stated he saw as he exited the CTA station. Officer
Puszkiewicz stated was walking erratically in various directions.
Officer Puszkiewicz stated quickly changed his walking direction
then quickly looked and walked towards the squad car. Officer
Puszkiewicz stated that he perceived to be mentally unstable.
Officer Puszkiewicz stated he did not notice whether other vehicles
were in the parking lot because he was focused on Officer
Puszkiewicz stated his view of was unobstructed. Officer
Puszkiewicz said was walking in the parking lot for less than
thirty seconds. Officer Puszkiewicz stated when he exited his vehicle he
noticed had his right hand inside his jacket. Officer Puszkiewicz
stated that with his perceived mental state of combined with
manner of walking towards squad car, he unholstered his
weapon as he exited.

Officer Puszkiewicz said he thought would shoot the

officers because he perceived to be mentally unstable,
walking towards the squad car, and hand inside his jacket.
Officer Puszkiewicz stated it was "chilly" on November 23, 2017.
Officer Puszkiewicz said that his firearm was by his side by the holster
but does not recall if he pointed the firearm at Officer
Puszkiewicz stated he ordered to show his hands, to which
complied. Officer Puszkiewicz indicated that, at this time, he realized
that was walking towards the red vehicle parked a few feet away
from the squad car. Officer Puszkiewicz indicated that mother
( occupied the red vehicle because she was picking up
from the CTA, station. Officer Puszkiewicz stated he noticed
vehicle awaiting when he exited his squad car. Officer
Puszkiewicz stated once he realized was walking towards
vehicle, he no longer felt threatened by Officer
Puszkiewicz stated he did not recall his conversation with
Officer Puszkiewicz stated he told he observed
manner of walking and he perceived to be mentally unstable.
Officer Puszkiewicz stated he did not conduct a pat down because he
realized was walking towards vehicle and the threat
disappeared.

Officer Puszkiewicz stated looked young, but not the age

of a teenager. Officer Puszkiewicz stated that when he unholstered his
weapon while he exited his squad car, he did not believe to be
one of the robbery suspects. Officer Puszkiewicz stated his perception of
mental state alerted him more than anything else. Officer
Puszkiewicz stated he has experience with mentally unstable individuals
due to "numerous radio calls [and] daily interactions with them."
Officer Puszkiewicz described the manner mentally unstable individuals
walk as "erratic, unsure where they are going, [and] spastic."

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 Officer Puszkiewicz stated he completed the Investigatory Stop
Report and its receipt. Officer Puszkiewicz stated information
was clear. Officer Puszkiewicz said he and Officer Lopez left the CTA
station a few minutes after their interaction with Officer
Puszkiewicz indicated he saw approximately ten individuals entering
and exiting the CTA station prior to his contact with Officer
Puszkiewicz stated he did not recall the individuals' physical
description, behavior, or hand positions. However, Officer Puszkiewicz
stated their behavior did not "pique his interest [or] attention."

Officer Puszkiewicz told Investigator that he did not recall if he pointed the firearm

at Mr. although he did acknowledge that he unholstered his weapon. Before this

Arbitrator, Officer Puszkiewicz again questioned whether he actually pointed his weapon toward

Officer Puszkiewicz also acknowledged that at the time he did not believe that

Mr. was one of the robbery suspects, but was concerned about mental state and

actions that caused Officer Puszkiewicz to react as he did, along with Officer Lopez.

Officer Puszkiewicz prepared an Investigatory Stop Report where in the narrative he

wrote:

EVENT#05968 IN SUMMARY, R/OS WERE CONDUCTING A

PREMISE CHECK AT THE ABOVE LOCATION ORANGE LINE
PULASKI STOP) DUE TO RECENT ROBBERIES IN THE AREA
(22NOV17). R/O'S OBSERVED THE ABOVE EXIT THE TRAIN
STATION WALKING IN VARIOUS DIRECTIONS AND THEN
WALK TOWARDS R/O'S IN AN ERRATIC MANNER. R/O
BELIEVED THE ABOVE TO BE IN AN UNSTABLE STATE, AS HE
WALKED TOWARDS R/O'S HE KEPT HIS RIGHT HAND INSIDE
OF HIS JACKET. IN FEAR THAT THE ABOVE WAS HOLDING A
WEAPON, COMBINED WITH R/O'S PERCEIVED MENTAL
STATE OF THE SUBJECT, THEY EXITED THEIR MARKED
SQUAD CAR AND ORDERED HIM TO SHOW HIS HANDS AS R/O
(PUSZKIEWICZ#9913) UNHOLSTERED HIS WEAPON. AT THAT
POINT WO'S REALIZED THE ABOVE WAS WALKING
TOWARDS AN AWAITING VEHICLE. NO PAT DOWN WAS
CONDUCTED. AN ISR WAS GENTERATED AND RECEIPT
GIVEN. NAME CLEAR. BWC IN USE. IN CAR CAMERA
RECORDING MODE ACTIVATED. R/O SAVED VIDEO UNDER
"INDEFINITE".

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As noted, Officer Puszkiewicz did give a receipt to as required by the

Department's Orders.

On the above facts, Investigator in the Summary Report supported the finding of

sustained on the one allegation when writing:

COPA recommends a finding of Sustained for Allegation #1

against Officer Puszkiewicz, that he unnecessarily displayed and
pointed his weapon at General Order 003-02-01 regulates when
an officer can deploy their firearm, but the order does not address when
an officer can or cannot draw their firearm from their holster. Rule 38
clarifies when an officer can display their firearm stating that an officer
is prohibited from unlawfully or unnecessarily using or displaying a
weapon. Determining whether Officer Puszkiewicz's display and
pointing of his firearm was proper is fact dependent.

It is undisputed that Officer Puszkiewicz unholstered his firearm

when he exited his marked squad car. Officer Puszkiewicz claimed he
believed may discharge a weapon at the officers because
hand remained inside his jacket, walked towards the officers'
vehicle, and he perceived to be mentally unstable due to
walking erratically,

Once exited the CTA station, he waited for to

arrive. exited the CTA station with his hands in his pocket
without making sudden movements. It is quite normal for an individual
to wait for a ride after exiting a CTA train station, and to walk with their
hands in their pocket when the weather is cold. Officer Puszkiewicz
even said it was "chilly" at the time of the incident. Once saw
arrive, he walked towards her vehicle. To go to
vehicle, had to walk towards the squad car because both vehicles
were parked a few feet away from each other. Officer Puszkiewicz
stated he noticed vehicle was parked near the squad car.
Officer Puszkiewicz claimed that due to manner of walking, he
perceived to be mentally unstable which primarily alerted him to
exit his vehicle. However, the fact that he perceived to be
mentally unstable does not necessitate unholstering and pointing his
firearm at Also, pacing in different directions while waiting for
someone on a cold day is ordinary.

At no point was it objectively reasonable for Officer

Puszkiewicz to believe that would likely cause death or serious
physical injury to another individual. In fact, it was Officer
Puszkiewicz's actions which could have resulted in death or serious
physical injury to Officer Puszkiewicz admitted that he did not

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 believe might be one of the robbery suspects. Officer
Puszkiewicz's explanation that seemed "unstable" is tenuous at
best.

Although Officer Puszkiewicz stated he does not recall whether

he pointed his firearm at both and claimed he
pointed it at chest. Based on their statements, and the fact that
Officer Puszkiewicz did not deny that he pointed his weapon at
COPA finds that it is more likely than not that Officer Puszkiewicz
acted as alleged.

For the above reasons, it was unreasonable and unnecessary for

Officer Puszkiewicz to unholster and point his firearm at

In explaining the recommended 10 day suspension, Investigator wrote in the

Disciplinary Recommendation Form, which statement was approved by ,

Supervising Investigator:

At no point was it objectively reasonable for Officer Puszkiewicz to

believe that would likely cause death or serious physical injury to
another individual. In fact, it was Officer Puszkiewicz's actions which
could have resulted in death or serious physical injury to Officer
Puszkiewicz admitted that he did not believe might be one of the
robbery suspects. Officer Puszkiewicz's explanation that seemed
"unstable" is tenuous at best.

Officer Puszkiewicz did not believe was a teenager, which was

the possible suspects' age group. merely waited for his mother to
pick him up from the CTA train station on a cold, Thanksgiving Day
when Officer Puszkiewicz unholstered his firearm and pointed it at
Officer Puszkiewicz realized was not a threat once he
comprehended was walking towards his mother's car, not the
squad car.

Rules violated: 2, 3, 8, and 38.

At the time of this event, Officer Puszkiewicz had 11 years on the job, being appointed on

31 July 2006. In his time on the job, Officer Puszkiewicz had accumulated what could be

considered an outstanding complementary history, namely, 189 Awards, including one Special

Commendation and one Superintendent's Award of Valor, along with 166 Honorable Mentions.

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 Officer Puszkiewicz had no current discipline on his record. This Arbitrator makes this

observation recognizing that, regardless of an Officer's record, the unnecessary pointing of a

weapon is a serious matter and is of concern in the administration of the conduct of Officers in

the field. This Arbitrator recognizes this point. Yet, with such a record, one wonders even if the

allegations were sustained why a 10 day suspension?

What this file reveals is a serious difference of opinion between the Civilian Office of

Police Accountability and the Command Channel. The Command Channel, consisting of Deputy

Chief Kevin Ryan and District Commander Ronald Pontecore, Jr., did not concur with COPA.

Chief Ryan opted for not sustained, writing:

Again, the officer's perception, based on the totality of the

circumstances before him, and judging him by what any other
reasonable officer would have done, the officer believed that he was
being confronted by a possibly armed offender who was not of sound
mind. The officer was assigned to an area where there have been armed
robberies, and the complainant was approaching the officer with his
hands in his pockets. This, in my opinion, is not an unnecessary display.
In my opinion, this should have a finding of Not Sustained, as there is
insufficient evidence to either prove or disprove the allegation; There is
not any video evidence to back this claim from body worn or dash cams,
and you are basing your finding on assumptions and statements only
given by biased parties (complainant and his mother.)

District Commander Pontecore opted for a violation noted, writing:

The officer articulated that he perceived the complainant as an

individual wow as not mentally stable and was possibly armed, due to
the totality of the circumstances of his actions, and the proximity to the
area where robberies were occurring. The officer does not deny that he
had a weapon drawn, however your conclusion that he pointed it at
someone's chest is based o the word of the complainant and his mother,
a biased observer, and you "perceive" this then to be true.

In comparing the comments of Chief Ryan with that of Commander Pontecore, there is

very little difference which does not explain the reason that Commander Pontecore opted for

violation noted. Both of the above experienced Command Officers emphasized the perception at

9
the time of Officer Puszkiewicz and did not fault him for the actions he took.

So, what this Arbitrator has before him is the Civilian Office of Police Accountability

responsible for reviewing situations such as this impartially without'the influence of any

members of the Department. When the matter reaches a review within the Department, two

members of management, presumably experienced in police work, conclude in effect that Officer

Puszkiewicz' actions did not violate under the circumstances any Orders. As a civilian, to repeat,

this Arbitrator is aware of the concern as to the display of weapons and the use of weapons.

Considering all the circumstances, this Arbitrator would agree with Chief Ryan that the

allegation was not sustained. Since it was not sustained, there is no reason to mar the record of

an Officer of this caliber as revealed by his 11 year record with the Department. This Arbitrator

ends this Opinion by noting that if the perception was unreasonable, this Arbitrator would have

no hesitancy to sustain the allegation. But, under the circumstances, although it turned out to be

a mistaken belief which was corrected, the perception seemed reasonable.

It is based upon the above analysis that this Arbitrator will issue the following Binding

Award.

BINDING AWARD

The ten (10) day suspension of Police Officer Eric Puszkiewicz is hereby set aside. He

shall not serve same. His record shall be expunged of any reference to said ten (10) day

suspension.

K f4/11-0/03
GEORGE T. ROUMELL, JR.
Arbitrator
March 7, 2019

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