Officer won't be charged in shooting at Rockford-area Walmart, high-speed chase

Police tape
Police tape

No charges will be filed against the officer involved in a shooting at a Rockton Walmart followed by a high-speed chase through Winnebago County.

Winnebago County State's Attorney J. Hanley said Rockton Police Department Sgt. Ben Heintz's actions in a November shooting were justified.

The police sergeant was flagged down by a shopper outside of Walmart, 4781 E. Rockton Road, to report shoplifting. Sgt. Heintz located a female suspect and her vehicle in the store's parking lot.

More:Man shot by police at Rockford-area Walmart led officers on high-speed chase

The suspect, Melody Gackstatter, reportedly was unloading a cart full of merchandise into a vehicle. The vehicle was occupied by Austin K. Levitski, 25, who was sitting in the front passenger seat.

Hanley said Sgt. Heintz's body camera footage showed the officer approaching the vehicle telling the suspects, "Police department, hands up, hands up. Turn off the car right now, get out of the car, stop."

However, Levitski moved over to the driver’s seat and started driving while Heintz was standing in front of the vehicle.

Sgt. Heintz sidestepped the vehicle and fired three rounds, hitting Levitski in the left arm with one of the shots.

The car sped away and led officers on a chase that ended after the suspect vehicle crashed into a garage near 11203 Dorothea Ave. in Machesney Park.

Hanley said Levitski ran from the scene before being tazed by officers. Levitski and Gackstatter were both taken into custody shortly after the crash.

Following the arrest, Levitski said he and Gacksatter were using heroin and crack "a couple hours" before everything happened and said they were both probably "still a little faded."

Hanley said because of the evidence provided to him by the Winnebago Boone Integrity Task Force, the officer will not be charged with aggravated battery with a firearm.

This article originally appeared on Rockford Register Star: Officer cleared in shooting at Rockford-area Walmart last fall