Off-Duty Kane County Deputy Cleared In Teen's Fatal Shooting: Mosser

ELGIN, IL — The off-duty Kane County sheriff's deputy involved in the July 2024 death of a teenager was cleared following an investigation by Kane County State's Attorney Jamie Mosser, officials said.

Instead, two women, of Elgin and South Elgin, were indicted by a grand jury of multiple felonies in connection to a fight that led to the shooting that killed 18-year-old Tyquaze Nicolas, Mosser said in a news release. In the same release, Mosser said no wrongdoing was found on the part of the deputy or any other officer.

Mojahnay Steverson, 22, of South Elgin, was indicted on the following charges:

• Armed violence
• Aggravated battery
• Aggravated unlawful use of a weapon
• Mob action — use of force or violence to disturb the peace
• Obstructing justice

Elgin resident Akevia S. Gilmore, 23, was indicted on the following:

• Armed violence
• Aggravated battery
• Aggravated unlawful use of a weapon
• Mob action — use of force or violence to disturb the peace

Steverson and Gilmore appeared in court Friday for pre-trial detention hearings, where the state's petitions for their detentions were denied. Both women were released under conditions imposed by the court until their next court date on March 12.

The state's attorney's office is preparing charges against a third defendant, who is a minor, related to the case.

The Kane County Major Crimes Task Force launched an investigation into the July 8 incident and presented the findings to the Kane County State's Attorney's Office, per the Police and Community Relations Improvement Act.

Mosser concluded that the off-duty deputy, who remained unnamed in the release, shot Nicolas, believing he was going to shoot someone involved in a multi-person fight near Route 31 in Elgin.

Around 4:34 p.m. that Monday, the deputy was in his personal car driving north on Route 31 toward National Drive. He saw the fight, in which the investigation found Nicolas, Steverson, Gilmore and a juvenile were pursuing and attacking two victims. Nicolas was armed with a Smith & Wesson M&P 15-22, Mosser's office said.

When the deputy saw the fight, he "acted swiftly in assessing the threat," got out of his car and told the group he was law enforcement, according to a news release.

Officials said that although he was off duty, he was still a sworn officer legally entitled to carry his weapons. When Nicolas continued escalating the threat while armed, the deputy shot him "as he considered him to be a danger to others," officials said.

The deputy began administering medical aid, and Elgin police soon came and took over life-saving measures until Elgin paramedics arrived.

"Based upon a review of the investigation and all evidence obtained, the off-duty Kane County Sheriff’s Deputy had the reasonable belief that the deadly force he employed was necessary to prevent death or great bodily harm to himself or other individuals," the state's attorney's office wrote in a news release.

The Kane County State's Attorney's Office considers the case closed, saying there is "no evidence or indication that any police officer committed any unlawful acts."

Mosser shared the following statement:

Thank you to the Kane County Major Crimes Task Force for their diligent and thorough investigation into this incident. Thank you also to the Elgin Police Department and the Kane County Sheriff’s Office for their critical support and transparency throughout this process. Every case involving an officer-involved death must be examined with the utmost scrutiny to ensure public trust in law enforcement and to protect the civil rights of all parties involved. After a comprehensive review of the investigation into this tragic event, it is evident that the Sheriff’s Deputy acted in accordance with Illinois law. The evidence clearly demonstrates that his actions were both appropriate and justified under the circumstances.

This incident highlights the devastating consequences that can arise when conflicts escalate into violence. The actions of these defendants and the deceased contributed to an increasingly dangerous situation, putting multiple lives at risk and leading to a tragic loss of life. The charges brought against these defendants reflect the seriousness of their alleged roles in escalating the violence. While the Deputy acted to protect others from harm, the events leading to this outcome serve as a sobering reminder of the need for accountability and the far-reaching impact of violence in our communities. We remain committed to seeking justice and ensuring the safety of all residents.