BIRKETT RELEASES RESULTS OF INVESTIGATION INTO SHOOTING DEATH OF BENJAMIN UWUMAROGIE

WHEATON – DuPage County State’s Attorney Joe Birkett today released the results of the investigation into the officer-involved shooting death of Glen Ellyn resident Benjamin Uwumarogie (d.o.b. 6/2/83). 

Every case involving the use of deadly force by a police officer must be carefully investigated and evaluated.  Such scrutiny is required to ensure protection of the civil rights of individual citizens and in order to maintain the public’s confidence in law enforcement.  This is especially true in cases involving the taking of human life by a police officer. 

Last Friday, State’s Attorney Birkett met privately with Benjamin Uwumarogie’s family and their attorney regarding his decision whether or not to press charges against Officer Jason Bradley involved in the shooting.

The tragic death of Benjamin Uwumarogie has been thoroughly investigated by the DuPage Major Crimes Task Force.  My staff and I have carefully reviewed the materials submitted to my office by the Major Crimes Task Force including:

·        Evidence Technician Reports

·        Photographs and Diagrams

·        Police Reports

·        Video taped statements and written statement of witnesses to the events at 33 N. Briar Street

·        C.D. containing the radio traffic from 18:03 to 18:27 hours on 4/26/06

·        The 911 recording

·        C.D. containing phone call from Ernest Matia, former co-worker at NICOR

·        C.D. containing images at Joliet K-Mart from 4/25/06

·        Autopsy Report

·        Reports regarding co-workers at NICOR re: 4/25/06

·        D.C.F.S Reports

·        Paramedic Reports regarding Benjamin Uwumarogie’s son Benjamin Wells

·        Good Samaritan Hospital Records

·        DuPage County Sheriff’s Office Lab report

We have evaluated all of the facts in the context of Illinois Law governing the justifiable use of force.  As the law directs, we have reviewed the case considering the perspective of the officer on the scene, given the fact that police officers are often forced to make decisions in tense, uncertain and rapidly evolving circumstances about the amount of force that is necessary. 

In determining whether the shooting death of Benjamin Uwumarogie was criminal in nature or justifiable homicide the central question is whether the officer reasonably believed that Benjamin Uwumarogie posed an imminent threat of death or great bodily harm to the officer and others.  It is my opinion that Officer Bradley did reasonably believe that shooting Benjamin Uwumarogie was necessary to prevent imminent death or great bodily harm to himself or others.

On April 26, 2006, at approximately 6 p.m., in response to a physical domestic violence 911 call involving a woman who had been beaten and a baby who had been thrown against a wall, Officer Bradley was dispatched to 33 Briar Street, Glen Ellyn.  Upon arriving at the residence, Officer Bradley encountered a naked adult male, later identified as Uwumarogie, in the courtyard outside the apartment building.  Based on information from the 911 caller, the DuCOMM Dispatcher confirmed to Officer Bradley that the naked adult was probably the alleged offender.  Upon noticing Bradley, Uwumarogie picked up a small boy who was outside playing in the courtyard and held him closely to his chest.  Bradley asked Uwumarogie to release the boy so they could talk.  Uwumarogie put the child down but otherwise ignored Bradley’s commands to stop and talk and instead headed back to apartment 16.  Fearing that Uwumarogie would return to the scene of the original domestic violence incident and hurt others, Bradley followed him into the apartment.  Officer Bradley tried verbal commands, physical restraint and several  sprays of pepper spray all to no avail.  Bradley then followed Uwumarogie into the apartment.  Once inside the apartment, Uwumarogie violently grabbed another baby, later determined to be his son, ran into the bathroom and jumped into a full bathtub, fully submerging the infant beneath him.  The DuCOMM tape reflects that the officer radioed at that time that Uwumarogie was trying to drown the baby.  After a brief struggle with Uwumarogie, Bradley was able to free the baby.  Bradley then handed the baby to a friend of Uwumarogie and told him to leave the apartment.  Still ignoring the officer’s pleas to calm down, Uwumarogie then attacked Bradley.  A violent struggle ensued ending with Uwumarogie on top of Officer Bradley in the bedroom and beating Bradley.  Fearing for his own life and the lives of others, including innocent bystanders and responding officers, Officer Bradley reached for his weapon and shot Uwumarogie in the head.  Physical evidence from the scene and autopsy findings corroborate Officer Bradley.  After discharging his weapon, Bradley immediately notified dispatch of “shots fired” and waited for backup to arrive. 

“What happened on April 26, 2006 is a tragedy,” commented Birkett.  “According to family and friends of Benjamin Uwumarogie, he was a bright, talented and caring young man.  Unfortunately this was not the individual Officer Bradley encountered.  Co-workers, neighbors and friends all confirmed that Benjamin Uwumarogie’s conduct in the days, hours and moments leading up to his death was bizarre at times.  Officer Bradley made every attempt to reach a peaceful resolution.  Unfortunately, Mr. Uwumarogie not only ignored Officer Bradley’s repeated pleas to calm down, he physically attacked and assaulted the him as well.  It is my opinion that while the shooting death of Benjamin Uwumarogie is tragic, Officer Bradley was clearly justified in the use of deadly force.  Our thoughts are with the Uwumarogie family as well as the family of Officer Bradley who was required to use deadly force while performing his duties.”  Birkett went on to praise the efforts of all the law enforcement agencies involved in the case.  “I would like to thank the Glen Ellyn Police Department, the DuPage County Major Crimes Task Force, the DuPage County Coroner’s Office and members of my staff for their invaluable assistance into the investigation of this tragic turn of events.”

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