(The Center Square) – Illinois taxpayers could be on the hook for monetary awards to claimants suing Illinois State Police for alleged negligence in the run up to the 2022 Highland Park mass shooting.
Seven people died and dozens were injured in the shooting that took place on Independence Day, 2022.
“The parade started out like any other – a familiar scene across America on the Fourth of July – with floats, marching bands, and fanfare,” said one lawsuit filed to the Illinois Court of Claims obtained by The Center Square through a public records request. “This was the first Fourth of July parade in the City of Highland Park after two years of cancellation due to COVID-19.”
The filings go on to describe the hundreds of families attending the parade who had to flee from a rooftop shooter opening fire at 10:14 that morning. Eighty-three rounds were fired “in seconds.”
The accused shooter, Robert Crimo III, faces murder charges in a trial set for February.
“ISP should have denied the [Firearm Owners ID] card application made by Crimo,” the claimants charge in their filing to the Illinois Court of Claims. “That was used to purchase firearms, including the one purchased on Feb. 7, 2020, to perpetuate the shooting on July 4, 2022. ISP approved the transaction even though it knew or should have known Crimo had wrongfully been issued a FOID card.”
About 29 claimants in separate lawsuits through the Court of Claims are seeking at least $2 million apiece in damages for a total of $58 million. They allege willful and wanton conduct by Illinois State Police that caused the claimants wrongful death, personal injuries and/or emotional distress for which compensatory damages are sought.
“Losses cannot be presently stated with reasonable certainty,” said another plaintiffs’ lawsuit. “What can be stated is that the current Court of Claims limitation on recoverable damages is believed to be inadequate to cover each of Claimants’ respective damages, because the non-economic damages alone already exceed the Court of Claims limitation.”
Names of the claimants, and their various injuries, are redacted in the documents obtained by The Center Square. One lawsuit does include a death certificate for the estate of Eduardo Uvaldo, who died from the shooting.
The day after the 2022 Independence Day shooting, Lake County Sheriff Deputy Chief Chris Covelli disclosed local police responded to Crimo’s home for a domestic violence call in September 2019, but didn’t make an arrest.
“But nonetheless, Highland Park Police did notify Illinois State Police of that,” Covelli said during a news conference about the shooting and the suspect.
Plaintiffs suing ISP allege that the 2019 clear and present danger report should have been enough for ISP to deny Crimo’s FOID card application months later, but they didn’t.
“He was prohibited from obtaining a FOID card based on admitted drug use as certified by Highland Park Police and provided to ISP on Sept. 5, 2019,” one lawsuit claims. “He was also prohibited based on the determination that he posed a clear and present danger as certified by police.”
Another lawsuit claims police were well aware of Crimo before the shooting.
“The Shooter had a turbulent youth. Between 2009 and 2014, police officers visited the Shooter’s home nearly 20 times, nine of which involved reports of domestic violence,” the claim states.
Claimants also outline Crimo’s online presence as a rapper and artist, displaying graphic images of violence and cartoons of mass shootings and battles with police. In one example, they quote Crimo’s lyrics as “I need to just do it. It is my destiny. Everything has led up to this. Nothing can stop me, not even myself. Is there such a thing as freewill.”
The shooting was “predictable and preventable, if only the Illinois State Police and its Firearm Services Bureau had followed their internal regulations, rules, laws and code provisions that applied to dangerous individuals,” claimants said.
Days after the 2022 shooting, ISP Director Brendan Kelly explained why they didn’t act on the 2019 clear and present danger report before approving the FOID card in 2020.
“It was determined there was insufficient evidence to establish a clear and present danger, that’s both implicit and explicit in the law,” Kelly said.
Since, ISP said it updated its internal policies to make clear and present danger reports more prominent in FOID application reviews.
The first case against ISP in the Court of Claims was filed June 27 with other cases filed July 2. Court of Claims procedure has cases being assigned to a commissioner to preside over after 60 days for the state to respond.
The Court of Claims administrator’s office said another rule requires any lawsuits against the state to be a last resort, meaning that any lawsuits against other defendants in other jurisdictions must be exhausted. That could lead to the cases being placed on a general continuance status for other cases to be adjudicated and settled.
