Toledo, 13, was shot dead by a Chicago police officer in an alley in Little Village on March 29.
Toledo was with an adult, Ruben Roman, who has been charged. In court documents relating to the charges against Roman, a prosecutor supervised by Foxx said that Toledo had a gun in his hand when he was shot. But bodycam video released after the hearing shows that Toledo dropped the gun right before he shot.
Last week, Foxx acknowledged the information about the Toledo case released in court by a prosecutor "did not fully reflect evidence given to our office."
"In this instance, the public was relying on information that our office presented to the court and the media relied upon that wasn’t fully accurate," Foxx said. "I own that."
"He had two hands up in the air and no gun in his hand. That’s not an armed confrontation," Gutierrez said Sunday. "It doesnt' seem fathomable that a State's Attorney would not watch the video."
Gutierrez said that Foxx has let the Latinx community down.