CHICAGO (CBS) — Chicago Police Superintendent David Brown said because Adam Toledo’s mother did not immediately file a missing persons report, that led to why the family was notified days after the 13-year-old was shot to death.

And the city’s mayor said there needs to be a review of the  police department’s foot chase policy.

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The teen was shot and killed early last Monday by Chicago police.

At a news conference Monday morning, Brown maintained that CPD chased Toledo and an adult in an alley in Little Village, following a ShotSpotter report and that the teen had a gun on him.

 

“A foot pursuit ensued, which resulted in a confrontation in the alley. At approximately 2:38am, striking Adam in the chest,” Brown said. “A gun was covered and (Toledo) was pronounced deceased at the scene.”

“We fingerprinted the deceased, Adam, three separate times, and there were no matching records in any database. Members of the Chicago Police Department’s missing persons desk began combing through missing persons reports from the West Side to the far North Side,” Brown said. “We also reached out to nearby suburbs trying to identify Adam.

“Officers must make split second decisions when it comes to the use of deadly force and that is a heavy burden.”

A chase and an armed confrontation led up to the split-second, deadly decision made in this Little Village alley last Monday, when a Chicago Police officer shot and killed 13-year-old Adam Toledo, who was armed, according to Mayor Lori Lightfoot.

Brown said the department also went back to other reports in trying to identify the 13-year-old.

“After reviewing numerous reports and unable to identify Adam, detectives began reviewing cases of missing people who had returned home. Two separate buckets of information. This found a case report matching the description of Adam, who was still an identified at this time.”

On Friday, the family’s attorney Adeena Weiss Ortiz said Adam’s mother filed a missing persons report on Saturday but Adam returned on Sunday. His mother said was at home Sunday night.

“An adult put a gun in a child’s hand,” said Mayor Lori Lightfoot, who said she wants the police department to find the origins of the gun police said was found.

“I have directed the superintendent and the chief of detectives use every resource to track down the origins of his gun, through tracing fingerprinting, and DNA, and any other means and to find the person responsible for giving it to Adam. I want to bring that person or persons responsible.”

Lightfoot said she there should be a review of the practice of foot chases.

“In January, 2018, the Obama administration the DOJ flagged for chases, or something that required immediate consideration. And I agreed, way back in August of 2019 as a candidate, but I commented on a draft of the consent decree that was offered up for public comment,” Lightfoot said. “Unfortunately, the final version of the consent decree, put this issue off for several years, but it is now past time to act.”

The mayor wants the new policy in place by summer.

But in the most recent report, from the independent monitor that’s overseeing the court-mandated reform of CPD, they recommended the department adopt a foot pursuit policy.

That was on March 5, more than three weeks before the deadly shooting.

“The superintendent has already begun the process. They’ll be focus groups for officers, focus groups from the community to strike the right balance in looking at best practices from across the country,” Lightfoot said.

Mayor Lightfoot said the consent decree put this issue off for several years. But CBS 2 found there were instructions for review, and reform in place before the Lightfoot’s orders.

In the latest progress report on the reform of CPD, a result of the a court-ordered consent decree, the independent monitor wrote quote:

“….we recommended that the CPD adopt a foot pursuit policy. It is our understanding that the City, the CPD, and the OAG either agree with or understand the need for a foot pursuit policy.”

Brown said the 21-year-old with Adam had given authorities a phony name, leading to more time passing before the teen was identified.

“And we lost considerable time trying to identify Adam because of the wrong name,” Brown said.

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Brown said the officer involved has been placed on desk duty, as is routine after an officer involved shooting, until the investigation is completed.

Lightfoot also ask the public to refrain from condemnation of the family. Adam’s mother said she has received critical messages from the community regarding the teen’s whereabouts.

“None of us have walked in Ms. Toledo’s shoes. I know that there is only one who can judge,” Lightfoot said. “This is a complicated story. It’s not my story, particularly not as our understanding of facts is evolving. Her family needs our love and support in this moment, not withering judgment.”

The Civilian Office of Police Accountability, the agency that investigates Chicago police shootings, will allow the family to review the footage next week.

It is important to note COPA originally said that because Adam Toledo was a child they couldn’t release the video without a court order, but after a closer look at that statute, the video will now be released — first to the family and then the public within 60 days.

“We need answers for that family and this community,” said Enrique Enriquez, with a group of little village residents calling for more transparency.

 

They returned to the spot where 13-year-old Adam Toledo was shot in the chest and killed by police early Monday. His mom says family wasn’t notified for two days. She claims Adam has no criminal background or affiliations.

“I just want to know what really happened to my baby,” said Elizabeth Toledo.

Elizabeth Toledo will get that opportunity next week when she views the officer body camera video.

“Ironically this child wanted to be an officer, and he was shot by the hands of another officer,” said Adeena Weiss the family’s attorney.

Police say Adam had a gun that night. Weiss said that would surprise the family.

Meanwhile Monday, the nonprofit New Life Centers hosted a vigil Monday afternoon at 24th Street and Sawyer Avenue for Adam. It is the same area where he was shot and killed by police.

Police body cam video of the shooting is expected to be released to Toledo’s family this week.

The family is also condemning any calls for violence in the teen’s death. Chicago police received tips that gangs were told to shoot at unmarked police cars in retaliation for the killing.

The family is asking people to grieve peacefully.

The Toledo family also released a new statement Monday evening emphasizing the need to correct misinformation. It read in part:

“We are working diligently to learn the truth about what happened in the early morning hours of March 29 when Adam’s life was so tragically cut short by a police bullet. We have requested expedited meetings with pertinent authorities to obtain evidence and to review the police body camera footage and other available video. To date, we have not received confirmation of a time to view the footage. We are not going to let the anguish and emotion of the moment interfere with our objective to obtain the facts. We will address all public statements about the circumstances of Adam’s death once we have the facts before us. We do, however, 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.

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“Adam was a loved and supported 13-year-old boy. He lived with his mother, his 90-year-old grandfather, and two of his siblings. His father was in his life. They all loved him very much. The Toledo family is a close-knit family. They look after each other. Adam attended Gary Elementary School where he had the support of his teachers and his classmates. Adam was not alone.”

Tara Molina