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Ruben Roman, Man Who Was With Adam Toledo When He Was Shot By Police, Released After Posting Bond For Felony Gun Charges

CHICAGO (CBS) -- Ruben Roman, the man who was with 13-year-old Adam Toledo the night the boy was shot and killed by police and is accused of firing the shots that brought police to the scene in the first place, has posted bond and has been released from custody.

During a hearing in his case on gun charges on Monday, a Cook County judge said Roman posted his $15,000 bail with the help of the nonprofit Chicago Community Bond Fund. Roman also posted $25,000 bail in an earlier but separate gun case.

The Cook County Sheriff's office said Roman posted bond on Saturday, and was released from custody on Sunday or Monday, but is now on electronic monitoring.

Roman, 21, was arrested earlier this month in Maywood, in relation to a probation violation warrant. He is charged with felony reckless discharge of a firearm, felony unlawful use of a weapon by a felon, and felony endangerment of a child.

Prosecutors have said Roman and Adam Toledo were walking together on Sawyer Avenue toward 24th Street in Little Village at 2:36 a.m. on March 29, while a vehicle was seen heading down the street away from where they were. Surveillance video appears to show Ruben walk up to the corner and take a shooting stance, while Adam first starts to move back in the direction from which they came and then moves back toward Roman as Roman fires shots, prosecutors said.

Adam was next to Roman for a portion of time that Roman was firing shots, after which point Roman ran back the way they came – followed close behind by Adam, prosecutors said. A ShotSpotter alert recorded eight shots being fired, and a total of seven shell casings were found at the scene where Roman was shooting, prosecutors said.

After the shots were fired, Roman and Adam began running north on Sawyer Avenue and cut into a gangway at 2324 S. Sawyer Ave., prosecutors said. Two uniformed Chicago Police officers pulled up less than a minute after the shots were fired as Ruben and Adam fled in the alley, prosecutors said.

Both officers got out of their squad car and chased the pair down the alley, prosecutors said. Roman was taken to the ground first and one of the officers detained him as he dropped a pair of red gloves on the ground, prosecutors said. This was captured by the officer's body camera, prosecutors said.

The gloves later tested positive for gunshot residue, prosecutors said.

As Roman was being detained, the other officer kept chasing Adam down the alley and told him to stop, but he kept running, prosecutors said. Adam then stopped near a break in a wooden fence, and the officer ordered Adam to show his hands, prosecutors said.

At Roman's bond hearing earlier this month, a prosecutor said Adam was holding a gun in his right hand at the time he was shot, and it wasn't until days later that the Cook County State's Attorney's office said the prosecutor misspoke and has been placed on administrative leave.

"An attorney in our office failed to fully present the facts surrounding the death of a 13 year old boy. We have put that individual on administrative leave and are conducting an internal investigation into the matter," the state's attorney's office said last week.

Body camera video of Adam's shooting shows, while he apparently had a gun in his right hand behind his back just a moment before the shooting, he was raising his arms with his hands empty when the officer opened fire and shot him in the chest.

Surveillance video from a building near the alley shows a gun on the ground behind the fence several feet from where Adam fell after he was shot.

Adam was pronounced dead at the scene. His right hand also tested positive for gunshot residue, and the Ruger 9mm was recovered against the fence, prosecutors said.

The fired shell casings from the scene matched up to the Ruger 9mm, prosecutors said.

Meanwhile, Roman was placed into custody and questioned about the incident and prosecutors said he gave a fake name for Adam – something that police Supt. David Brown previously blamed for holding up the investigation. Roman also claimed he did shoot and did not know anything about what happened because he was just in the alley waiting for a train, prosecutors said.

He never explained about what train would have stopped in the alley, which does not have any train tracks in it, prosecutors said.

Roman was interviewed again a short time later and this time denied knowing whom he was with at the time of the incident. He was initially charged with misdemeanor resisting and given a $1,500 I-bond.

The investigation continued, and police ran the prints of the name Roman initially gave for Adam – figuring out it was fake, prosecutors said.

Roman has a prior felony record for aggravated unlawful use of a weapon and at the time of the shooting was on probation out of Skokie. He failed to appear in court in Skokie earlier this month, prompting a warrant that led to his arrest at his mother's house earlier this month, prosecutors said.

At his latest court appearance on Monday, a Cook County judge said Roman was able to post bond in that case as well as the case stemming from the night Adam was killed.

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