Kane County state's attorney clears officers in 2023 fatal police shooting

KANE COUNTY - No officers will be charged in the shooting death of an Aurora man accused in a carjacking back in May 2023, though one deputy violated department policy and state law on body-worn cameras, according to the Kane County State's Attorney's Office.

What we know:

Kane County State’s Attorney Jamie Mosser announced Friday that her office would not be filing criminal charges against any officers involved in the fatal shooting of 38-year-old James Moriarty, who was killed during a police chase and confrontation on May 24, 2023.

According to Mosser, the deputies involved reasonably believed Moriarty posed a threat to officers and civilians after a carjacking, high-speed pursuit, and a final confrontation where he ignored commands and held what appeared to be a firearm—later identified as an airsoft gun.

While no charges will be filed against the officers who opened fire, Mosser did note that Kane County Sheriff's Sergeant Michael Widlarz intentionally violated department policy and state law related to body camera use during the incident. 

Widlarz muted his body and squad car audio and wore his camera improperly, limiting available footage of the deadly encounter. Mosser said the violations fell short of criminal conduct but were "unacceptable."

The decision follows an investigation by the Kane County Major Crimes Task Force, reviewed by the independent use-of-force consultant Force Science.

According to prosecutors, the investigation determined Moriarty had seven run-ins with Aurora police in the month leading up to his death and that he had multiple warrants out for his arrest. 

Law enforcement records also included cautions that he was armed and dangerous, he resisted and obstructed law enforcement, and that he was suicidal and may be "suicidal by cop."

The backstory:

The incident began with a reported carjacking at a Jiffy Lube in Aurora and ended in Geneva after a 12-minute chase.

Moriarty exited the stolen vehicle and moved toward civilians while holding the replica firearm, prosecutors said. 

Three deputies—including Widlarz—fired a total of 18 rounds. A police dog, K-9 Hudson, was unintentionally struck and killed by one of the shots.

What we don't know:

It remains unclear whether Widlarz will face internal discipline from the Kane County Sheriff’s Office.

What's next:

The investigation into the incident is officially closed.

Mosser’s office has released video and the full report to the public in a move she described as part of a commitment to transparency.

"This level of scrutiny upholds public confidence in law enforcement," Mosser said, "and safeguards the civil rights of those involved."

"I also want to recognize K-9 Hudson, who courageously gave his life protecting others. His loss is a heartbreaking reminder of the risks our officers and their K-9 partners face daily. I would also like to thank the deputies of the Kane County Sheriff’s Office for their work on that day and every day that they put their lives on the line to protect the people of this community. Lastly, I acknowledge the tragic loss of Mr. Moriarty and extend my sincere condolences to his family. In light of all the facts, my office has closed the investigation in this matter."