On March 29, 2021, Adam Toledo, a 13-year-old Latino American boy, was shot and killed by Chicago Police Department (CPD) officer Eric Stillman in the Little Village neighborhood on the West Side of Chicago at 2:38 a.m. local time.
On April 10, during a proffer reading in court for criminal charges filed against the adult who gave Toledo the handgun involved in the incident, a Cook County assistant prosecutor falsely told the judge that Toledo was holding the gun at the time Toledo was shot; the assistant prosecutor was later placed on administrative leave for this statement. On April 15, Stillman's body cam video recording was released, showing Toledo running away and dropping a handgun before he turned towards Stillman and raised his empty hands. According to the Chicago Police Department, Stillman shot at the boy less than a second after he dropped the gun. An area resident who said she witnessed the shooting from her apartment window across the street said that Toledo was complying with the officer's requests when he was shot.
The release of the body cam video sparked protests in Chicago and around the country. Toledo was one of the youngest people killed by the police in the state of Illinois in years. His death has been connected by some analysts to a broader pattern of disproportionate police violence against Latinos and other children of color. It also occurred as the United States was grappling with several high-profile cases of police killing unarmed people of color.
In May 2021, the First Assistant State's Attorney who had reviewed the inaccurate proffer was forced to resign. In March 2022, authorities announced there would be no criminal charges brought against the officer involved in the killing of Toledo. The Assistant State's Attorney who gave the inaccurate proffer later became a judicial candidate in 2023.
People involved
Adam Toledo
Adam Toledo (May 26, 2007 – March 29, 2021) was Mexican American. At the time of his death, he was a seventh-grader in the special-education program at Gary Elementary School from the Little Village neighborhood in Chicago. He had no prior criminal record and was 13 years old when he was killed.
Ruben Roman
Ruben Roman is a 21-year-old who was with Toledo. He was arrested by the CPD at the scene. He is alleged to have ties to the Latin Kings criminal gang.
Eric Stillman
Eric Stillman is the 34-year-old police officer who shot Toledo. He has worked for the CPD since 2015. He was placed on administrative leave for 30 days following the incident. On May 6, 2021, it was announced Stillman had not returned to the CPD, though his routine leave had already ended.
On March 15, 2022, Kim Foxx’s office announced Stillman would not be charged for killing Toledo, due to insufficient evidence to file criminal charges. In April 2023, disciplinary charges alleging multiple rule violations in relation to Toledo's shooting were filed against Stillman, and the Department recommended that Stillman be fired. The decision regarding Stillman would be decided by the Chicago Police Board.
Incident
Initial reports
Prosecutors alleged that at around 2:30 a.m., Toledo and Roman were walking toward 24th Street when Roman fired multiple rounds as a vehicle passed. Police ShotSpotter detector technology registered shots fired and a squad car arrived at the scene. According to a statement from prosecutors, Toledo ran away from the officers that arrived, was chased into an alleyway, turned back to the officers with a gun in his hand, and was then shot by officer Eric Stillman in the chest. The police said that a handgun was recovered at the scene from behind a fence.
Around 5:00 a.m., a CPD spokesman tweeted "one subject fled on foot which resulted in an armed confrontation." Around 4:00 p.m., the department released an official press release stating, "One armed offender fled from the officers. A foot pursuit ensued which resulted in a confrontation". Several days later, Cook County prosecutor James Murphy issued a statement in court alleging that Toledo was armed when he was killed. Following the public release of body cam footage, Murphy was placed on administrative leave over the statements, and the Cook County State's Attorney opened an internal investigation into the matter, including into whether or not Murphy had access to the footage at the time he made them. On May 5, 2021, Murphy's supervisor, First Assistant State's Attorney Jennifer Coleman, was forced to resign when it was determined that she failed to prepare Murphy correctly with late minute additions to what material facts were known at the time.
Body cam footage
Body cam footage of Toledo's shooting, released on April 15, 2021, showed that Toledo was unarmed at the moment he was shot. The video shows officer Stillman chasing Toledo into the alleyway and yelling at him to stop. Toledo slows down and stops as Stillman catches up to him. In footage taken from another angle, Toledo appears to throw a pistol behind a fence just before turning to face the officer (body cam footage shows a pistol being recovered behind the fence two minutes after the shooting). Stillman yells "Show me your fucking hands" and "drop it" while flashing a strobe flashlight at him. Toledo turns around with his empty hands in the air, and Stillman then shoots Toledo as he does so.
According to the CPD, there were 838 milliseconds (0.838 or 5⁄6 of a second) "between gun shown in hand and single shot".
After shooting Toledo, officer Stillman called for medical assistance and began to perform CPR on him. Toledo was pronounced dead at the scene.
Investigations and legal proceedings
Chicago Mayor Lori Lightfoot called for reforms to how police pursue individuals on foot and called for a "thorough, expeditious" investigation.
Autopsy
On May 6, a Chicago medical examiner concluded Adam was killed by "a single bullet which entered the left side of his chest and exited the right side of his back".
Stillman investigation
On April 19, 2021, it was reported that Stillman had been interviewed by Cook County prosecutors as a part of their review of Toledo's death. That same day, it was reported Stillman had been listed as a victim on an incident report, which one law-enforcement expert said was a tactic used to shift the "focus of culpability and blame onto the actual victim of the police deadly-force incident, i.e., the person who the police killed." Stillman was ultimately not charged for the killing.
Roman charges
Ruben Roman, the 21-year-old who was arrested on the night of Toledo's death, was charged with felony counts of child endangerment, aggravated unlawful use of a weapon and reckless discharge of a firearm. He was released on bail on April 19, 2021, after the Chicago Community Bond Fund paid his bond. A representative of the organization stated, “We are aware that the city will continue to use him as a scapegoat for the killing of Adam Toledo, which was committed by the Chicago Police Department.” In 2022, Roman was acquitted on the weapons charges.
State's Attorney investigation
On April 17, 2021, Kim Foxx, the Cook County State's Attorney, announced an investigation into why prosecutor's earlier descriptions of the shooting of Adam Toledo hadn't matched the video. Later that day, Foxx's office announced James Murphy, the prosecutor who had provided the "misleading" description of the video, would be placed on administrative leave. During a press conference on April 22, Foxx addressed the investigation, saying, "This is about the expectation of law enforcement to be forthright and transparent. There is no sacrificial lamb here. This is about making sure that we get it right and when we don't get it right, owning it doing what we need to do to make sure that it doesn't happen again."
After Foxx admitted that she had neither watched the full video nor reviewed Murphy's statements prior to the court hearing, individuals such as a former-Representative Luis Gutierrez criticized her office. Gutierrez stated, "I would’ve spoken out earlier. I would've reached out. But you know what I thought? I said, the kid had a gun. He pointed it at the police officer. And then I saw the video. I didn't see a gun. What I saw was a frightened 13-year-old kid getting shot by a police officer."
On May 5, Foxx' office announced it had concluded its investigation, stating that Murphy "did not intend to give the impression that Adam Toledo was holding a gun when shot," that he had returned to his assignment, and was no longer on leave. First Assistant State's Attorney Jennifer Coleman announced she would resign following the office's investigation.
Calls for DOJ investigation
On April 20, 2021, a group of Latino law associations, including the Hispanic Lawyers Association of Illinois, the American Bar Association's Commission on Hispanic Legal Rights & Responsibilities, the Pilsen Law Center, and the Puerto Rican Bar Association of Illinois, called on the Department of Justice to launch a formal investigation into Toledo's death. The founder of the Pilsen Law Center stated, "Faith and trust in the police department are in short supply in the Latino community. An objective investigation conducted by the Justice Department would send a message to our community that this time is different." A DOJ investigation was not ultimately opened regarding the killing.
Reactions
Protests
Protests erupted in Chicago in the days following Toledo's death.
In the lead up to the release of the body cam footage, all Chicago police officers' days off were cancelled to "ensure public safety". During the press conference releasing the body cam footage, Mayor Lightfoot stated that the city would be putting into place plans to prepare for unrest.
In Chicago, protests in response to the video were peaceful. On April 15, several protests took place following the release of the body cam footage, one of which shut down traffic on northbound Michigan Avenue, and another of which occurred at Union Park. On April 16, protests of thousands of people were reported in Logan Square. Protestors chanted slogans like "Hands Up, Don't Shoot", "No justice, no peace", "Justice for Adam Toledo", and "Stop Racist Police Terror". Protestors called for Stillman's arrest, and for Lightfoot's resignation, citing her slow response to release information about the incident publicly. Lightfoot announced she would not resign. Protests and vigils for Toledo spread to other major cities in the United States.
Family
The Toledo family released a statement on April 16 that implored "everyone who gathers in Adam's name to remain peaceful, respectful and nonviolent and to continue to work constructively and tirelessly for reform." Toledo's mother also said, "Adam was a sweet and loving boy. He would not want anyone else to be injured or die in his name." Toledo's older brother said Adam "wasn't a bad kid like everyone says he was. Us being little kids, we all made mistakes ... kids will be kids and will make mistakes, but will learn from them – something my little brother didn't get the chance to do." The Toledo family's lawyer, Adeena Weiss-Ortiz, said "The last time his mother saw him, she was putting him to bed in the room that he shared with his 11-year-old brother. And the next time she saw him, he was in the morgue."
In the aftermath of the shooting, Toledo and his family became targets of criticism by some commentators. In an interview with CNN, a police union representative described Toledo as a gang member and his killer as "heroic". Some attacked Toledo's mother. After implications were made that Toledo was a street kid, his family stated, “We want to correct the hurtful and false mischaracterization of Adam as a lonely child of the street who had no one to turn to. This is simply not true.” Eddie Bocanegra, of READI Chicago, criticized those attacking Toledo's mother, telling The New Yorker, “It's bullshit... People ask, ‘What was he doing out at two-thirty,’ or they talk shit about his mom. Everyone's so quick to judge."
Some media commentators, such as John Oliver, criticized Chicago's changing characterizations of the shooting; Oliver stated, "We couldn't even finish writing about what happened to Daunte Wright before the city of Chicago released video of one of their officers killing a 13-year-old unarmed child, Adam Toledo—footage which clearly contradicted the picture of an armed confrontation painted by the police and the mayor, as well as a prosecutor who said Toledo had a gun in his hand when he was shot, which he did not."
Columnist Eric Zorn wrote an op-ed in the Chicago Tribune on April 6, 2021, saying it was "too early to say with confidence" what happened and thus Toledo should not be portrayed as a "martyr" until more facts come out. His comments were received with outrage. Days later in another op-ed, Zorn wrote that the "less supportive response" to his comments "took fair exception to my chilly, analytical tone ... I regret that tone. In focusing on details and marshaling evidence and arguments, I can neglect the emotional resonance in situations, as though I’ve forgotten or don't care that a child who was loved has died ... I should have done better."
In a CNN op-ed, the attorney Raul A. Reyes wrote, "Much of what we know so far is unacceptable... There has been a disproportionate focus on the circumstances surrounding the shooting, rather than on the fact that a police officer killed an unarmed child. Sadly, this kind of violence is familiar to Latino communities – and that should disturb all Americans."