Homeowner 'Most Likely' Won't Face Charges In Teen's Death

WAUKEGAN, IL — A man who police said fatally shot a 14-year-old Tuesday while fearing for his and his wife's safety during an attempted car burglary outside the man's Old Mill Creek home will not face criminal charges, although criminal defense attorneys are not reportedly especially confident in his self-defense claims. Authorities said the 14-year-old boy died and five other teens are facing murder charges in his death, after the attempted car burglary led to a high-speed chase into Chicago that ended only when their stolen car ran out of gas.

Around 1:15 a.m., a resident of the 17600 block of West Edwards Road in Old Mill Creek called 911 to report he had just shot at a group of people who had tried to steal his vehicle, according to the Lake County Sheriff's Office.

The caller was a 75-year-old licensed firearm owner with a permit to carry a concealed weapon, according to a sheriff's office spokesperson. The homeowner told investigators he noticed a suspicious black SUV in front of his house and a group of people that appeared to be trying to break into his car. Armed with a small-caliber revolver, the homeowner said he went outside to investigate what was going on and shouted at the group to leave.

"The homeowner indicated that as he was standing on his porch, there were two male individuals who quickly approached him on his property at his porch. One of those individuals was holding something in his hand. The 75-year-old homeowner indicated that out of fear for his safety and his wife's safety, he discharged his firearm," Sgt. Chris Covelli said. "What we've determined is one of the rounds that was discharged from his firearm did strike this 14-year-old male in the head."

Defense attorney Phil Nathe told the Daily Herald the man can't "claim he was acting in self-defense of himself and others if the wounds are in the back."

When it comes to using deadly force, Illinois law requires an element of fear for one's personal safety and allows use of deadly force against the commission of "forcible felonies," which includes burglary, the news report said, according to legal experts.

The teen's autopsy took place Wednesday, and criminal defense attorneys believe it will be key to making a determination into the homeowner’s claims of self-defense.

A hunting knife was later found near where the boy was fatally shot. The group of Chicago teens jumped back into the stolen Lexus SUV they had arrived in and fled the man's house, according to the sheriff's office. As sheriff's deputies arrived at the the scene of the shooting, officers from the Gurnee Police Department were investigating a traffic crash about 3 miles south at Grand Avenue and Hunt Club Road near Gurnee Mills.

About 10 minutes after the initial call, the Lexus pulled up to the emergency vehicles at the Gurnee crash site, Covelli said. Two people got out, including the boy with the gunshot wound to the head. His companion shouted for help from the Gurnee officer, who immediately called for an ambulance and began performing CPR. The other four people inside the SUV sped away.

The boy was taken to Advocate Condell Medical Center in Libertyville and later died, according to the sheriff's office. His friend who got out with him was taken into custody. Gurnee police began chasing the Lexus south and were later joined by Lake County sheriff's deputies and Illinois State Police troopers, who joined in the pursuit on the Edens Expressway in Skokie.

The chase exceeded 100 mph at times, according to Covelli. Law enforcement must always weigh the risks of the pursuit against the importance of apprehending a vehicle, he explained.

"In this case, we had what appeared to be a young man with a gunshot wound to the head, and his body was left there in a busy intersection," Covelli told reporters. "So in this case those factors did outweigh the risk of the pursuit."

Covelli said chase ended after the SUV ran out of gas near North Halsted and West Randolph streets in Chicago's West Loop neighborhood. Three of the four people inside were quickly arrested, but one was able to briefly elude police.

Dax, a sheriff's office police dog, was able to detect the boy hiding underneath trash in a dumpster in the 100 block of North Green Street, where he was taken into custody. Covelli said the five surviving Chicago teens include an 18-year-old from woman and four boys.

They were being held pending charges by the Lake County State's Attorney's Office, which will also determine whether the boys homicide was justified, according to Covelli. Under Illinois law, anyone determined to have been taking part in a "forcible felony" that led to the death of an accomplice is eligible for felony murder charges.

The Lake County State's Attorneys Office charged all five Chicago residents with first-degree murder after determining they were all involving in committing a burglary. They include Curtis M. Dawson, 16, of South Shore, Kendrick Cooper, 17, of Bronzeville and Steven D. Davis, 17, Stacy Davis, 17, and 18-year-old Diamond Davis — all of the 5700 block of South Bishop Street.

UPDATES:
Murder Charges Dropped Against 5 Teens Over 14-Year-Old's Death
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All five were ordered held in lieu of a $100,000 cash portion of their bond ahead of their next court appearances Sept. 5.

The black 2015 Lexus SUV had been stolen from Wilmette on Sunday, Covelli said. It was not immediately known if the same group of teens was involved. Wilmette police did not immediately respond to a request for details about the circumstance of that incident.

"Any time there is a loss of life, it is a tragedy for the family and friends of the deceased," said Sheriff John Idleburg. "Our condolences go out to the family and friends of the young man who lost his life today."