Family of Chicago Ofc. Krystal Rivera files wrongful death lawsuit against CPD, her partner

CHICAGO - The family of Chicago Police Officer Krystal Rivera has filed a wrongful death lawsuit, alleging her partner, Officer Carlos Baker, should never have been on the force when he fatally shot her during a chase in Chatham on June 5.

What we know:

Rivera, a four-year department veteran described by colleagues as a dedicated mentor and a hard worker, was shot in the back by Baker as the two pursued an armed suspect, later identified as Adrian Rucker, into an apartment building near 82nd Street and Drexel Avenue, according to police.

During the chase, Rucker allegedly pointed a gun in their direction. Baker fired, striking Rivera. She later died from her injuries.

Rucker was arrested after fleeing the scene, along with another man, identified as Jaylin Arnold.

The Chicago Sun-Times first reported that Rivera’s family is now suing the department and Baker. The lawsuit claims that when Baker shot and killed Rivera during the chase, he was struggling to accept the end of his romantic relationship with her.

Attorney Antonio Romanucci, who represents Rivera’s family, said on Thursday that after Rivera was wounded, Baker never rendered aid, ran to a different floor of the apartment building and did not radio to dispatch that she had been shot, which goes against his training and department policy.

Romanucci said Rivera, with a weak voice, tried to alert dispatch that she'd been shot but was unable to due to the severity of her injuries.

It was not until dispatch sent an additional patrol car to the scene that Baker radioed in, "shots fired at the police," according to the lawsuit. However, Baker "never admitted or clarified that he was the only one who discharged a weapon."

The lawsuit also argues that Baker should never have been a police officer, citing more than a dozen misconduct complaints and three suspensions on his record.

Baker was relieved of his police powers on Aug. 15.

Dig deeper:

Reporting from the Illinois Answers Project and the Chicago Sun-Times shows Baker had a long history of complaints and investigations, including an Aug. 10 incident at DSTRKT Bar on North Milwaukee Avenue where he allegedly battered a 29-year-old female off-duty Chicago police officer. He then allegedly attempted to interfere in the internal investigation into that complaint.

Romanucci previously said the department failed to act on clear red flags.

"While the Rivera family and their legal team wholly believe removing Carlos Baker's police powers is the appropriate decision, we called for this from the earliest days after he fatally shot his police partner, Krystal Rivera," Romanucci said in a statement.

He added that concerns about Baker "go back further than the night he killed Krystal," and argued the "city hired this rogue police officer despite knowing he was a danger to the community while he was a probationary officer. They took affirmative action to hire Carlos Baker when the only action should have been to terminate his probation and ensure he never wore a CPD shield or carried a gun. Krystal Rivera would be alive today."

What they're saying:

FOX 32 reached out to the Chicago Police Department for comment on the lawsuit and they said, "We do not comment on pending litigation."

What's next:

The Civilian Office of Police Accountability is still investigating.