Settling for Misconduct
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Case 06-CV-2505

$1,328,270

EXCESSIVE FORCE/SERIOUS

Off duty Legal access denied Excessive force Shooting False arrest or report Physical force Gun Killed by officer

Plaintiff: Kenneth Elrod

Incident date: 04/07/2006

Location: 5728 W. Belmont Ave.

Allegations:

Elrod was at a bar on West Belmont Avenue when he and off-duty Officers Yerke, Pinal and Rodriguez began to argue. They identified themselves as police officers and began to beat Elrod. They kicked him out of the bar and taunted him while doing so. Some hours after the beating,Yerke fatally shot Elrod. His truck, cellphone and other personal items were seized. That same night, Officers Gillespie and Burke went to Elrod's home and took his wife, Maria Elrod, to the police station. The officers questioned her about her husband. When she asked what had happened to her husband, the officers replied that they were investigating a carjacking. Officer Cirone was also present. She was held for several hours, during which time her attorney arrived; the officers did not tell her that her attorney was there until she was released. The city quickly concluded that the shooting was justified, but continued to hold Elrod's truck, cellphone and other personal items, and told his wife that she must cover the daily storage fee for the truck.

ROGELIO PINAL

POLICE OFFICER

1892121222
$1,368,270 total payments

EDWARD YERKE

POLICE OFFICER

110524999
$1,328,270 total payments