Adam Toledo shooting: State's attorney's office concludes probe into misleading court statements
CHICAGO - The Cook County State's Attorney's Office has concluded an internal investigation into the prosecutor who made statements in court implying 13-year-old Adam Toledo had a gun in his hand when he was fatally shot in March.
In a statement Wednesday announcing the conclusion of its review, the state's attorney office said the investigation found the statements made by prosecutor James Murphy in bond court on April 10 were "inartful", but that Murphy did not intend to make such an implication.
The investigation also determined Murphy was not given proper guidance as to what information should be included in the bond proffer, nor was the information in the bond proffer reviewed before it was presented in court.
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The findings also state that there was a lack of recognition as to how the comments made in court could be interpreted, which resulted in a delay by State's Attorney Kim Foxx in addressing the matter in a timely manner.
The investigation stemmed from a proffer Murphy read in court during a bond hearing for Ruben Roman, who was arrested at the scene of Toledo’s shooting, during which Murphy described the events leading up to the officer firing his weapon.
"The officer tells [Adam] to drop it as [Adam] turns towards the officer. [Adam] has a gun in his right hand," Murphy told Cook County Judge Susana Ortiz about the March 29 incident.
"The officer fires one shot at [Adam], striking him in the chest. The gun that [Adam] was holding landed against the fence a few feet away."
Five days later — and hours before a police oversight agency released footage of the shooting — Foxx spokeswoman Sarah Sinovic announced Murphy "failed to fully inform himself before speaking in court."
The statement was viewed by some at the courthouse as an attempt to get ahead of video that showed Toledo with his hands up without a weapon the moment he was shot by police. Toledo threw a gun he had been holding less than a second before.
FOXX DIDN'T VIEW VIDEO OF ADAM TOLEDO'S SHOOTING IN ADVANCE
The state’s attorney’s office statement led to calls on social media for Murphy to be fired and accusations that he had lied in court. Days later, Murphy was placed on paid leave while the office launched an internal investigation.
"The tragedy of the death of 13-year old boy has been clouded by the confusion and frustration my office has caused and for this I apologize," Foxx said in a statement. "It’s not lost on me that our community is grieving and I want to assure Adam’s family and the public that my office is working diligently to investigate his death."
First Assistant State’s Attorney Jennifer Coleman is resigning following the office’s investigation, the Chicago Sun-Times is reporting. Foxx announced Coleman's resignation in an internal email to staff, according to the newspaper.
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All attorneys in the office are now undergoing additional training including how to present facts in court as well as an implementation of additional procedures to ensure the offices system of "checks and balances" function as intended.
Murphy has returned to his assignment and is no longer on leave, according to Wednesday's statement from the state's attorneys office.
The Sun-Times Media Wire contributed to this report.