Police Justified In Fatally Shooting Man After Deadly Home Invasion, Chase: Ruling

AURORA, IL — Two law enforcement agents were "justified" in shooting a 36-year-old armed Aurora man last fall after a home invasion that left his father dead, DuPage County State's Attorney Robert Berlin said Thursday.

Plano police officer David Svehla and Kendall County Sheriff's Deputy Tyler Giannotti fired their weapons 16 times between them, shooting Nicholas Novak once in his abdomen, following a pursuit that started with a home invasion on Sept. 27. No criminal charges will be filed against either officer, Berlin said.

The incident began around 6:40 p.m. when Russell Novak, Nicholas Novak's father, called 911 to report a home invasion at his Plano property. He told police there were signs of forced entry and missing guns.

While three Plano officers, including Svehla, were en route to the father's house, they were advised of a second 911 call from a neighbor reporting shots fired. Svehla found a Ford Bronco leaving the Plano home, and driver Nicholas Novak fled when officers attempted to stop him, leading police on a 25-minute chase into Aurora, Berlin said in a news release.

During the pursuit, officers learned Russell Novak had been found suffering from multiple gunshot wounds. Police said responders attempted life-saving efforts, but Russell Novak, 70, died of his injuries.

The chase ended at the intersection of Route 34 and Eola Road when Nicholas Novak pulled into a left turn lane and stopped at the light, according to officials. Nicholas Novak got out of the Bronco holding a shotgun and pointed it at Svehla, who Berlin said "feared for his life, the immediate safety of the public and the safety of other officers," and fired his gun in an attempt to end the immediate threat. Giannotti saw Novak point the gun at Svehla and "in fear of his life and the lives of others around him," also began firing, according to Berlin.

Berlin said that as Svehla began firing his gun, Novak also fired a shot in his direction before pointing the gun at Giannotti.

Both officers "continued to fire at Novak until Novak fell to the ground and dropped his gun," Berlin said.

The officers placed Nicholas Novak in handcuffs and began performing life-saving measures until paramedics transported him to a hospital, where he was pronounced dead later that evening.

Illinois State Police investigated the shooting and found the "entrance and path of the bullet that entered Nicholas Novak’s abdomen was consistent with Officer Svehla’s and Deputy Giannotti’s statements that Novak pointed a gun at Officer Svehla after getting out of his car." The department's crime lab could not determine which gun fired the fatal shot, officials said.

The investigation also uncovered Nicholas Novak's phone notes, which read, in part, "Unfortunately, I’m done with life," and a search history that included "murder then fleeing," "gun suicide," "Do police shoot to kill" and "suicide by police." It also revealed Novak had made suicidal statements to a family member.

Berlin said the officers' shots were "objectively reasonable."

"The fact that Novak had made suicidal statements to a family member, coupled with the search history on his phone, supports the theory that Novak was intent on committing 'suicide by cop,'" Berlin wrote in the release.

Berlin shared the following in his statement:

Considering the totality of the circumstances, Officer Svehla’s and Deputy Giannotti’s actions were objectively reasonable given the facts that Novak had fired a shotgun at Officer Svehla and pointed the gun at Deputy Giannotti, committed two forcible felonies – first degree murder and home invasion, attempted to escape by use of a deadly weapon and led numerous police vehicles on a twenty-five-minute pursuit. The fact that Novak had made suicidal statements to a family member, coupled with the search history on his phone, supports the theory that Novak was intent on committing “suicide by cop.” Additionally, an autopsy performed after the shooting revealed Novak’s BAC was .153, suggesting that alcohol may have played a factor in his decision-making process that day. Therefore, it is the conclusion of my office that Officer Svehla and Deputy Giannotti acted lawfully and were justified in using deadly force when they fired their service weapons and shot Nicholas Novak.

I commend the officers from the Plano Police Department, the Kendall County Sheriff’s Office and the Aurora Police Department involved in this incident for their professionalism from the initial call out to Russell Novak’s home to the tragic death of Nicholas Novak. Their concern for the safety and well-being of their fellow officers and the public at large, as well as their efforts to aid Nicholas Novak, is a testament to the excellent training they received from their respective departments. I also thank Illinois State Police Director Brendan Kelly and his team for conducting a thorough and independent investigation, as well as Assistant State’s Attorney Helen Kapas for her valuable assistance.

It is indeed a tragedy that previous hospitalizations and treatment efforts were unsuccessful in preventing Nicholas Novak from engaging in violent behavior. It is heartbreaking when a loved one meets an untimely death. On behalf of the DuPage County State’s Attorney’s Office, I offer our sincerest sympathies and condolences to the family and friends of Russell and Nicholas Novak as they grieve the loss of their loved ones.