Partner Who Shot Krystal Rivera, Left Her To Die Never Should Have Been A Cop: Lawsuit

CHICAGO — The family of Chicago Police Officer Krystal Rivera is suing the City of Chicago over claims of negligence, along with her partner, Carlos Baker, who fatally shot Rivera while chasing a suspect believed to be armed who fled an investigatory stop.

The nine-count complaint was filed Thursday in the Circuit Court of Cook County by Romanucci & Blandin, LLC, on behalf of Yolanda Rivera, Krystal’s mother and administrator of her estate. The complaint alleges that the 36-year-old officer’s death was caused by Baker’s “willful and wanton conduct.”

Further, the complaint maintains that Rivera’s line-of-duty death was entirely preventable. Had Baker been properly disciplined or supervised after 11 misconduct complaints, and possibly had his badge removed, Rivera, the mother of a young child, would be alive today, the suit alleges.

Despite raising alarm about Baker to her superiors, she was still partnered with him that fateful evening of June 5, according to the complaint. Rivera and Baker, assigned to 6th Gresham Police District tactical division, had both chased a suspect they believed to be armed into an apartment building in Chatham. Inside the unit, a second person allegedly raised a rifle at the officers. As Rivera ran down the hallway to find the suspect that had fled the investigatory stop, a single shot was fired, striking Rivera in the back, according to police.

Chicago police issued an updated statement the next day, saying that further investigation determined that “the only weapon discharged during the encounter was the officer, whose gunfire unintentionally struck Rivera.”

In the days that followed Rivera’s death, CPD Supt. Larry Snelling also asked Chicagoans to pray for Rivera’s partner [Baker] “as he faces the loss of his fellow CPD family member.”

At the time of Rivera’s death, the complaint alleges that Baker had accrued at least 11 misconduct complaints in less than three years on the force—a record worse than 95 percent of Chicago police officers. Baker’s lengthy record of misconduct included domestic violence, improper search and seizure, neglect of duties, insubordination, inadequate/failure to provide service, and conduct unbecoming an officer.

READ: Cop Who Fatally Shot Officer Krystal Rivera Accused In Attack On Another Officer: Reports

Chicago Police Officer Krystal Rivera | CPD

According to the complaint, his very first day as a probationary officer resulted in a sustained allegation of disobedience. Four months later, a woman Baker had been dating filed a complaint alleging Baker brandished his firearm at her during a domestic dispute. Despite these serious allegations, the city’s Civilian Office of Police Accountability (COPA) closed the domestic violence investigation after just three and a half months without any determination, well below COPA’s average investigation length of 20 months. Baker faced no discipline and remained on the force.

These allegations and three others all occurred while Baker was still a probationary officer, a period when CPD may summarily terminate an officer, Rivera’s family said in the lawsuit.

In addition to her concerns about Baker’s alleged professional recklessness, Rivera also had personal knowledge of Baker, having been involved in a brief romantic relationship with him in 2023, the suit alleges. CPD supervisors were also aware that Rivera and Baker were dating, but the lawsuit claims Rivera broke it off after learning that Baker was reportedly living with another woman throughout their relationship.

The warning signs were there, particularly with the domestic violence allegations of Baker flashing a gun at a woman he had dated, but CPD chose to ignore them, Rivera's family's lawsuit claims.

“Baker should never have been permitted to remain a CPD officer, and this tragedy and the death of Krystal Rivera never should have happened.” the lawsuit maintained.

Less than 48 hours before she was felled by her partner’s “friendly fire,” Baker is said to have shown up uninvited at Rivera’s home after she told him not to, and it wasn’t the first time, the complaint said.

Around 9:30 p.m. June 5, Baker kicked open the door of an apartment on South Drexel, while Rivera adopted a tactical stance behind him. Confronted by another person pointing a weapon at him, the complaint alleges Baker discharged his service gun, not hitting the suspect in front of him, but instead shooting Rivera, who was behind him, in the back.

Rivera’s death was not instantaneous, but instead of rendering basic aid, the complaint said Baker ran away. Bleeding and still breathing, Rivera called dispatch to report that she had been shot. As fellow officers packed Rivera into a Chicago police vehicle, it caught fire during a “mechanical malfunction” on its way to University of Chicago Medical Center. She was transferred to another vehicle, and later was pronounced dead.

In August, two months after he fatally shot Rivera in what officials called an “accidental shooting,” Baker accused of attacking an off-duty female officer at a Wicker Park bar. Baker was stripped of his police powers.

Romanucci, the Rivera family’s attorney, stated that the Chicago Police Department was on notice as early as 2022, that Baker was a danger to women. During and after his personal relationship with Rivera, “he was hostile and threatening to women outside of his professional capacity.”

“But CPD tragically dropped the ball, failing in its duty to thoroughly investigate and discipline Baker for that behavior. Had they done so, he likely would have lost his badge, and Krystal would be alive today,” Romanucci said in a news release.

The late officer’s family is asking for a jury trial and unspecified monetary damages.

“Every day is painful as we continue to grieve the loss of my daughter, Krystal. Her child, her sisters, our family, and an entire community miss her deeply. We miss her laughter, her bold spirit, and her light,” Rivera’s mother, Yolanda, the plaintiff in the civil lawsuit, said in a written statement. That grief does not ease with time. Krystal was a proud Chicago police officer. Our family has a long history of service in this department. She became our family’s first female police officer, and we were incredibly proud. Krystal understood the dangers of her job. She accepted the risks that come with policing. What she never should have had to fear was her own partner. That betrayal cost her life. Krystal believed in justice. That belief is what led her to wear the badge. And now I ask this city directly, where is the justice for Krystal? We hope this legal action brings real answers, real accountability, and real change so that no other family has to stand where we are standing today.”