WHEATON (STMW) - DuPage County State’s Attorney Robert Berlin has determined that a Lisle police officer who fatally shot a man in October was “completely justified.”
“It is indeed a tragedy any time a human life is lost. In my opinion, the officers involved in this incident made every attempt to reach a peaceful conclusion under very stressful conditions,” Berlin said in a statement from his office.
At 5:13 a.m. on Oct. 10, three Lisle officers responded to a 911 call of a home invasion in the 4400 block of Yender Avenue, according to prosecutors. The caller, a 59-year-old woman who was alone, told the dispatcher someone was trying to break into her home. All three officers were in uniform and driving marked squad cars equipped with video cameras, including audio.
When the officers arrived, they found 35-year-old Anthony Aguilar trying to break into the home, according to the statement. He was banging on the door with unknown objects in both hands.
The officers told Aguilar about 10 times to “let me see your hands” and “put your hands up,” according to prosecutors. Aguilar ignored the commands and instead threw a claw hammer at one of the officers, while still holding another unknown object.
When Aguilar took a shooting stance, one of the officers fired his taser at him, but the probes missed. A second officer who saw the probes miss and believed Aguilar to be armed fired his gun twice, striking him once, according to prosecutors.
Aguilar fell to the ground and the third officer called radio dispatch and requested medics, according to the statement. Aguilar fought with officers as he was handcuffed. They administered first aid until medical help arrived and he was taken to Good Samaritan Hospital in Downers Grove, where he was pronounced dead. Toxicology reports showed he had THC, the active ingredient in marijuana, in his system.
The scene was processed by Illinois State Police, who recovered the shiny metallic scraper and claw hammer Aguilar had been holding, according to the statement.
The Lisle Police Department released audio records and dash cam video from the shooting Tuesday, but the cameras did not capture Aguilar or the responding officers.
“Their concern for the safety and well-being of the homeowner and Mr. Aguilar is a testament to the excellent training to which the Lisle Police Department subjects their entire force,” Berlin said. “Unfortunately, Mr. Aguilar’s failure to obey the officer’s commands and his aggressive, threatening behavior resulted with the officer discharging his weapon. My thoughts and prayers go out to his family and friends as they attempt to come to terms with what happened that morning.”