Officers justified in deadly Aurora police shooting: state's attorney

Video shows fatal police shooting of armed Aurora man

Authorities have released bodycam and dashcam footage from an officer-involved shooting in Aurora that followed a home invasion call in Plano and a police chase last month.

AURORA, Ill. - Two law enforcement officers who fatally shot a man at the end of a police pursuit last fall will not face criminal charges, DuPage County State’s Attorney Robert Berlin announced Thursday.

After reviewing an investigation by the Illinois State Police, Berlin determined Plano Police Officer David Svehla and Kendall County Sheriff’s Deputy Tyler Giannotti were legally justified in using deadly force during the Sept. 27, 2024 shooting of 36-year-old Nicholas Novak in Aurora.

Deadly police shooting

The backstory:

Authorities said the incident began with a 911 call from Novak’s father, 70-year-old Russell Novak, who reported a home invasion at his Plano residence. He told dispatchers that firearms were missing and there were signs of forced entry. Officers responding to the scene were later informed by a neighbor that shots had been fired.

While en route, Officer Svehla located a Ford Bronco leaving the residence. Police say Nicholas Novak, driving the Bronco, fled when officers attempted to stop him, leading them on a 25-minute chase into Aurora. During the pursuit, officers were notified that Russell Novak had been found at the Plano home with multiple gunshot wounds. He later died despite lifesaving efforts.

The chase ended near Route 34 and Eola Road in Aurora. Body camera and squad car footage shows Nicholas Novak exiting the vehicle armed with a shotgun. Authorities say Novak raised and pointed the firearm toward Officer Svehla before firing once. Both Officer Svehla and Deputy Giannotti returned fire, striking Novak, who later died at a hospital.

An autopsy revealed Novak was shot once in the abdomen. A Remington 870 tactical shotgun, one spent shell, and multiple unfired rounds were recovered at the scene. Investigators also recovered 14 spent 9mm shell casings from the roadway and a police vehicle.

"Objectively reasonable"

What they're saying:

In his statement, Berlin said both officers feared for their lives and the safety of others, and that their actions were "objectively reasonable" under Illinois law governing the use of deadly force. He cited video evidence and forensic findings consistent with their accounts, including Novak pointing the shotgun at officers and firing a round.

Notes on Novak’s phone indicated suicidal thoughts, and his recent search history included terms such as "suicide by police," "gun suicide," and "murder then fleeing." Family members also told investigators that Novak had made suicidal statements in the past.

Berlin expressed condolences to the Novak family and commended the responding officers for their professionalism and efforts to render aid. He also credited the Illinois State Police for a thorough and independent investigation.

The bodycam footage released by authorities last month includes portions of 911 calls, dashboard and body-worn camera footage that captured the chaotic and ultimately fatal encounter.

No officers were injured in the incident.