$2.75 Million Settlement: Will County Sheriff's Sniper Killed Surrendering Man

JOLIET — Attorney Ian Barney has finalized his out of court federal lawsuit settlement against the Will County Sheriff's Office and Sheriff's Lt. John Allen for $2.75 million in connection with the fatal bank shooting of Crest Hill resident Gregory Walker. Three years ago, 65-year-old Walker was surrendering peacefully at the Fifth Third Bank in Romeoville when he was fatally shot by mistake by the sheriff's sniper, who was on the perimeter of the property.

Barney's lawsuit was brought forward by Walker's sister, who lives in Florida.

"The Will County Sheriff’s Office has entered into a settlement agreement with the family of Gregory Walker relating to Mr. Walker’s death in Romeoville in May 2022. Sheriff Kelley extends his sincere condolences to the family of Mr. Walker. The Will County Sheriff’s Office takes every loss of life seriously and seeks to avoid it wherever possible. The Sheriff’s internal investigation into this matter is still ongoing," responded Kevin Hedemark, public information officer at the Will County Sheriff’s Office.

On the other hand, attorney Barney provided the following remarks to Joliet Patch in regard to his $2.75 million settlement that he reached with Will County to end his civil rights lawsuit.

"The family of Gregory Walker has reached a settlement with Will County in the civil rights lawsuit arising from Mr. Walker's tragic death after being shot by a SWAT officer. While no settlement can ease the profound loss experienced by Mr. Walker's family, my hope is that this resolution brings them some measure of closure and helps the family begin the process of healing," Barney said.

"My firm remains committed to honoring the memory of Mr. Walker by continuing to pursue justice on behalf of our clients and championing meaningful and systemetic reforms that will lead to lasting change."

In January, Joliet Patch reported that after a long investigation by the office of Will County State's Attorney Jim Glasgow, a grand jury decided not to indict Allen in the May 2022 death of Walker.

After the grand jury decision, Allen's lawyer, Joliet criminal defense lawyer Jeff Tomczak, told Joliet Patch that his client did not intend to fatally shoot Walker as the 65-year-old man notified the huge police presence at the Fifth Third Bank that he was surrendering.

When asked if he would call Lt. Allen's shooting an accidental discharge, Tomczak responded that the better explanation is "unexplained discharge."

"I agree with the grand jury's determination," Tomczak remarked. "Based on my understanding of the evidence in this case, the evidence was not there nor was the probable cause there to prove that he had a criminal mental state."

Meanwhile, the civil wrongful death case was filed in Chicago's federal court system in early 2023 by Walker's family and their attorney, Ian Barney, who has been involved in several federal lawsuit cases in recent years against the Joliet Police Department.

Last year, Barney filed his updated federal lawsuit complaint against Allen and Sheriff Mike Kelley. Walker was surrendering peacefully at the Fifth Third Bank in Romeoville after officials said he had taken hostages at the bank — with his hands raised high into the air and no weapon — when the sheriff's sniper killed him, according to the updated lawsuit.

At the time, police said Walker had also fired a gun inside the bank but did not injure anyone and released the hostages after negotiations with Romeoville police.

"At the time he approached the exit, Mr. Walker was not in possession of a firearm or any other weapon or device that could have caused harm to others," Barney's lawsuit noted. "At the time he approached the exit, Mr. Walker posed no threat to any individual. At the time he approached the exit, Mr. Walker’s hands were raised in the air, demonstrating that he was not in possession of any weapon."

According to Barney's lawsuit, "while in the bank branch, Mr. Walker was upset and made certain complaints of the bank. Mr. Walker was initially armed with a firearm. At no point did Mr. Walker harm another person or threaten to harm another person."

Police from Romeoville and Will County Sheriff's Department responded to the Weber Road bank, including a crisis negotiator from Romeoville's police force. Lt. Allen also responded as one of several Will County Sheriff's SWAT snipers deployed around the Romeoville bank and, according to the lawsuit, Allen "took up a position in proximity to the bank which allowed him to see the front door to the bank."

Meanwhile, the Romeoville Police Department's crisis negotiator talked with Walker while Walker remained in the bank; "after speaking with the negotiator, Mr. Walker allowed everyone inside the bank to leave the bank and agreed to peaceably exit the bank branch and surrender to police," Barney's lawsuit informed the federal judge.

"Mr. Walker then put down the firearm he previously possessed while inside the bank. After putting down the firearm, and in compliance with orders issued by police officers, Mr. Walker put his hands up and approached the main front exit of the bank."

On Wednesday, Will County Chief Deputy Sheriff Dan Jungles told Joliet Patch that Lt. Allen has remained on paid administrative leave since the grand jury proceedings began last fall. The sheriff's office is still waiting for the internal affairs investigation to be completed, which is being done by an outside entity, Jeff Padilla of American Strategic Consulting.