Head of Chicago police recommends firing for officer who fatally shot Adam Toledo, 13

CHICAGO – The city's interim police superintendent signed off on disciplinary charges Monday recommending the firing of the Chicago police officer who fatally shot 13-year-old Adam Toledo, sending the matter to an independent civilian body that decides disciplinary cases.

The recommendation comes more than two years after the killing of Toledo spurred protests and reignited the national debate over police brutality and the dangers of foot pursuits.

Officer Eric Stillman is expected to appear for an initial status hearing on May 1, the Chicago Police Board, which decides disciplinary cases, said in a statement.

Disciplinary charges say Stillman's use of deadly force was 'not necessary'

The public disciplinary charges filed this week and signed by interim Superintendent Eric Carter allege Stillman violated seven department rules.

Stillman's use of deadly force "was not necessary to prevent death or great bodily harm from an imminent threat posed" to Stillman or another person, and Toledo did not pose an imminent threat of death or great bodily harm "unless arrested without delay," the charges say.

Stillman did not use de-escalation techniques to prevent the use of deadly force as a last resort, engaged in a foot pursuit without notifying the proper officials, failed to wait for backup, separated from his partner and failed to quickly activate his body camera, the charges say.

Toledo family 'relieved and grateful'

In a statement on behalf of the Toledo family through their lawyers, Elizabeth and Marco Toledo said they are "relieved and grateful" to see the recommendation and called on the board to fire Stillman.

"Firing Eric Stillman will not bring our Adam back but will take us one step closer to Justice for Adam," the family said.

The family added: "We pray that the City of Chicago will likewise take the necessary steps to ensure that tragedies like Adam’s death are avoided in the future so that other families will not suffer the immense pain his loss has caused us."

Stillman's attorney: Use of force was 'proper'

Stillman's attorney, Tim Grace, called Toledo's death a "tragedy" but said there is "no reason or justification" for the city to seek Stillman's termination.

"We look forward to presenting our case to the Police Board and believe his actions will be deemed justified," Grace said in a statement Tuesday.

Stillman has been with the Chicago Police Department since August 2015. Asked about the charges, the department referred USA TODAY to the Chicago Police Board.

Adam Toledo shooting: What happened?

In the early hours of March 29, 2021, Stillman chased Toledo into an alley and fired one shot into his chest moments after Toledo threw a gun behind a fence and turned toward the officer with his hands raised.

Graphic police body-camera video of the encounter disproved accounts from police and city officials who initially described the incident as an "armed confrontation."

On what would have been Adam's 14th birthday last May, his family announced the creation of Adam's Place, a sanctuary for at-risk youth.

Evolution of a city's account of a killing: How Chicago's narrative changed in the fatal police shooting of Adam Toledo

Civilian agency recommended Stillman's firing

Cook County State's Attorney Kim Foxx said last year there was insufficient evidence to charge Stillman in Toledo's death.

In October, Chicago's Civilian Office of Police Accountability, which investigates police use of force, recommended Stillman be fired because he "acted inconsistently with his training."

But then-Superintendent David Brown, who resigned earlier this month, disagreed. He argued the shooting did not violate use-of-force policy and recommended that Stillman be suspended for no more than five days.

The disagreement triggered a process in which one member of the Chicago Police Board determines whether the officer will face disciplinary charges and a hearing. The board's president decided the process would move forward, prompting the department to file disciplinary charges, per municipal code.

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Contributing: Christine Fernando, USA TODAY

This article originally appeared on USA TODAY: Adam Toledo shooting: Police board to decide Eric Stillman's firing