'We Filed This Lawsuit Today Because David Malito's Life Mattered': Chicago Attorney Tells Joliet Patch

JOLIET, IL — The city of Joliet may find itself spending several hundred thousand dollars over the next couple years to defend the actions of three Joliet Police Department officers named in Tuesday's federal lawsuit surrounding last year's Christmas morning death of 39-year-old Joliet resident David Malito. He ran to the Shell gas station on Larkin Avenue in a bewildered state of mind. He dialed 911, Joliet police responded to the gas station, the officers restrained Malito and he died soon after.

"On behalf of the Malito family, we filed this lawsuit today because David Malito's life mattered, and his death was a tragedy born of a failure in policing," Chicago attorney Ian Barney informed Joliet Patch's editor. "While other families were celebrating Christmas, the Malitos were forced to endure the trauma of a loved one's life being needlessly extinguished at the hands of a police officer.

"We are fully confident that when a jury is presented with the full scope of the evidence, they will see David's death for exactly what it was: a death caused by unnecessary and excessive use of force that violated both fundamental tenets of police training and David's constitutional rights. We are committed to securing the justice and the accountability that David and his family deserve."

Barney's federal lawsuit named Joliet and three officers for their roles pertaining to the death of his client's son: Officer Christopher Meza, Officer Andrea Espinosa and Officer Oliwia Novak. Count 1 of the lawsuit is an excessive force claim against Meza, count 2 is an Illinois Wrongful Death Act claim for willful and wanton conduct against Meza; count 3 is a battery claim against Meza; count 4 is willful and wanton conduct against Meza under the Illinois Survival Act Claim.

"DEFENDANT OFFICER MEZA made unwanted, unpermitted, harmful, and offensive physical contact with the person of Plaintiff’s Decedent, DAVID MALITO, including, but not limited to forcibly detaining and handcuffing DAVID MALITO face-down on the ground, placing his knee on DAVID MALITO’s back, and exerting significant body weight and/or pressure onto DAVID MALITO as he lay restrained in a prone position," Barney's lawsuit asserted. "DEFENDANT OFFICER MEZA intended to cause the aforesaid harmful and offensive contact described above."

Count 5 is another Illinois Survival Act Claim, alleging battery, against Meza. Count 6 is a failure to intervene claim against Officers Nowak and Espinosa. Count seven is a Monell Policy and Practice Claim against Joliet.

"As a matter of both policy and practice, the JOLIET POLICE DEPARTMENT directly encourages, and is thereby the driving force behind, the very type of misconduct alleged above by failing to adequately train, supervise and control its officers, such that its failure to do so manifests deliberate indifference," Barney's 28-page lawsuit outlined. "As a matter of policy and practice, the JOLIET POLICE DEPARTMENT facilitates the very type of misconduct alleged above by failing to adequately punish and discipline prior instances of similar misconduct, thereby leading Joliet Police Officers to believe their actions will never be scrutinized and, in that way, directly encouraging past and future abuses, such as those affecting Plaintiff’s Decedent, DAVID MALITO, as alleged above."

On Christmas 2024, three Joliet police officers initially responded to the Shell gas station on Larkin Avenue around 4:25 a.m. where they encountered Malito in a delirious state of mind. He claimed someone was chasing after him trying to kill him, when no such person existed. Minutes later, in the Shell parking lot, Malito began foaming at his mouth, and he became unconscious.

A Joliet Fire Department ambulance arrived at the Shell moments after Joliet police deployed Narcan on Malito in an effort to revive him. He died at St. Joe's hospital less than an hour later.

Back in June, after Joliet's Democratic State Senator Rachel Ventura blasted the Joliet Police Department in connection with Malito's death, Joliet Police Chief Bill Evans posted a long statement on the Joliet police Facebook page that contained some of the following information:

"I want to clarify and address recent public comments and mischaracterizations about David Malito’s tragic death on December 25, 2024. On behalf of the Joliet Police Department, I extend my condolences to Mr. Malito’s family and friends. Any loss of life is a tragedy, and we recognize the pain that accompanies losing a loved one," Chief Evans declared.

"In the early morning of December 25, 2024, Mr. Malito made three 911 calls, reporting an armed individual trying to harm him. He was in distress and yelling, making it hard for dispatchers to understand, but they determined he was at the Shell gas station at 401 South Larkin Avenue. All three calls were abruptly disconnected.

"During the encounter, Mr. Malito appeared to physically resist the officers’ attempts to assist him, pulling away and ultimately falling to the ground. He was then handcuffed to prevent injury to himself, or others based upon his agitated and unpredictable behavior until the ambulance arrived and the next steps could be taken," Evans explained.

"Officers used two sets of handcuffs linked together, a common adjustment used when an individual’s size, medical condition, or physical distress requires additional space behind the back to avoid undue pressure to an individual’s body. After it was discovered that Mr. Malito had lost consciousness, officers immediately repositioned his body and administered Narcan, which briefly revived him. Mr. Malito was removed from handcuffs and Joliet Fire Department paramedics arrived within five minutes of being called to the scene to take over life saving measures. Unfortunately, Mr. Malito would later be pronounced deceased at a local hospital.

"A thorough and independent investigation conducted by the Will-Grundy Major Crimes Task Force, along with findings from the Will County Coroner’s Office, determined that Mr. Malito’s cause of death was from cocaine toxicity. The Will County State’s Attorney Office reviewed the case and found no evidence of wrongdoing or misconduct by the Joliet Police Department officers involved."

Unrelated, Barney has been involved in filing a number of civil rights lawsuits against the Joliet Police Department and Will County Sheriff's Office during the past decade.

In June, Joliet Patch revealed that Barney 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.