United States v. Proano

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Chicago police officers stopped a Toyota after it sped out of an alley. The driver fled, leaving several passengers. Officer Morlock pursued the driver. The Toyota rolled and wedged itself against Flaherty’s squad car. Passenger Grant tried to escape but his legs got stuck between the cars. Flaherty ordered the other passengers to “quit moving.” Brown, age 13, attempted to flee but stopped hanging out of a window. Officers Proano and Habiak arrived. Proano had his weapon cocked and aimed at the Toyota. Seconds later, passenger Bates reached over the console, put the car in reverse, and pressed the gas pedal. The Toyota moved and a BB gun fell out. No one was in its path. Habiak picked up the gun. Proano fired shots as the Toyota pivoted and rolled into a light pole. Ten of Proano’s 16 bullets entered the Toyota; one hit Bates’s shoulder, others grazed his face. Two bullets hit another passenger in his leg and foot. No other officer fired shots. Proano reported that he shot because of an “imminent threat of battery.” Proano did not identify the BB gun as a contributing factor. Proano was convicted for willfully depriving the passengers of their right to be free from unreasonable force, 18 U.S.C. 242. The Seventh Circuit affirmed, rejecting Proano’s arguments regarding the admission of training and policy evidence and the jury instruction on willfulness. The court upheld the denial of a “Garrity” motion. Under Garrity, when a public official must choose between cooperating in an internal investigation or losing his job, his statements during the investigation cannot be used against him in a criminal trial. Federal prosecutors were never exposed to Proano’s protected statements. A dashcam video, other witnesses, and police reports all provided independent bases from which they could have learned the facts. View "United States v. Proano" on Justia Law