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Incident: August 24th, 2019 DeKalb, IL
While arresting McDowell for possession of Marijuana, police wrestled McDowell to the ground and put him in a choke hold. A deputy then fired a taser at McDowell while he was on the ground.
TIMELINE & REPORTS
AUGUST 24TH, 2019
Police use taser on young man in a choke hold for being in possession of marijuana
Police pull over Elonte McDowell based on an anonymous tip. Police find him to be in possession of Cannabis and wrestle him to the ground. Once on the ground he is put in a choke hold and tased.
In the viral video, you can hear McDowell say, “I can’t breathe …Record this, babe. Record this.” He is hit with a stun gun while he is being chocked.
His girlfriend Alyssa Retuerto, who is recording, says, “Oh my God, what the f— are you doing that for? He’s in a f*****g choke hold and you just tased him? For what? For what.”
Retuerto repeatedly says, “Baby, baby, I love you so much.”
In a deeply disturbing moments, the officer who is nearly killing him, smacks his face and says, “You’re OK, big boy. It’s a nice fake.”
He then turns his anger to Retuerto, yelling, “back up, don’t impede my investigation.” An off camera an officer says, “Do you not understand that I have a dog in my hand and he will bite you” and another says “get a hold of her.”
At one point, she says, “I just want to make sure he has a pulse.”
AUGUST 27TH, 2019
"I’m very jittery. I can’t stop shaking, My mom is in the back of my mind, my brothers… Eric Garner is in the back of my mind." McDowell tells reporters
“This is what some police officers do and you have to put a stand on it.”
“If your fellow officer or fellow mate is doing something incorrect you need to be like, Hey! You guys just tased him or you’re choking him. Stop that… It’s not okay. It needs to get out there. It happened one too many times. This happens every day.”
AUGUST 28TH, 2019
The DeKalb Police Department in northern Illinois said it was reviewing footage and witness statements in connection with the arrest. ABC News reports
The department said one of the officers involved has been temporarily reassigned to administrative duties while it investigates the incident.
It has also contacted the Illinois State Police to conduct an independent review.
SEPTEMBER 1ST, 2019
Five cameras in total were recording during the arrest, four from city police and one from a DeKalb County Sheriff's vehicle. View Full Length Body Cam Footage HERE
Officers are heard telling McDowell after he asks if he's being detained "You're at a traffic stop so you know you're being detained"
The officer asks McDowell to exit his vehicle, McDowell asks "Why" the officer states "You're under an obligation to come out, if you don't come out of the vehicle I can arrest you"
When McDowell asks if he's being arrested the officer says "Yes! This is a traffic stop, you're being arrested" When they begin to forcibly remove him from his vehicle.
They interrogate him about an old trespassing charge when the incident escalates.
McDowell is seen being tackled to the ground and put in a choke hold after which time officers tase him.
In a press release dated September 1st 2019, Police Chief John Petragallo states:
"On Saturday, August 24th, 2019, the DeKalb Police Department arrested Elonte McDowell after initiating a drug investigation that led to charges of Possession of Cannabis With the Intent to Deliver – a Class 4 Felony. As a result of this arrest, there has been significant public interest in this case and the facts that surround this arrest. The DeKalb Police Department believes it is important to be transparent with our community to best preserve the public trust. With this in mind, the DeKalb Police Department is releasing in-car video camera footage from this incident. A total of five in-car video cameras were activated during this incident; four from DeKalb Police vehicles and one from a DeKalb County Sheriff’s vehicle. A compilation of these videos is being provided to the public for contextual purposes and can be accessed by the link below. A review of this incident is being conducted by the Illinois State Police."
SEPTEMBER 4TH, 2019
McDowell's attorney speaks out
The Daily Chronicle reports: "Chicago-based attorney Antonio Jeffrey, who is representing McDowell in a civil case, said he anticipates filing a civil rights lawsuit against the city of DeKalb after investigations are complete.
“I think the videos accurately depict what my client has been saying all along which is that, no, he didn’t attempt to flee,” Jeffrey said. “He was cooperating the entire time.”
Jeffrey said McDowell wants to see the officers involved “punished in some type of way.”
McDowell’s other lawyer, Sycamore-based Brian Erwin, said he and McDowell are set to appear before Judge Phillip Montgomery at 9 a.m. Monday at the DeKalb County courthouse.
“Based on our review we’re going to file a motion to quash the arrests,” Erwin said. “We’re pretty adamant that this has no basis for the stop.
“He was seized unlawfully and was continuously detained unlawfully.”
SEPTEMBER 6TH, 2019
Community speaks out
At a town hall meeting in which the DeKalb Police Chief & Sheriff were on hand, New Hope Ministry Baptist church pastor, Joe Mitchell is quoted as saying “I thought it was a little excessive and something that we had been seeing on a national stage [that] hit us locally here in our community. So it was very concerning, very disheartening,"
He continues to say “I think over the years I've built a relationship with both departments [the DeKalb Police Department and the DeKalb County Sheriff’s Department], as someone that is, that is honest, transparent, that has no agenda, that really wants what's best for the people. And so I was not surprised when I reached out to them that they both responded quickly, and said, ‘Yes, let's let's do this.’"
“I take full responsibility for this incident,” said DeKalb Police Chief John Petragallo tells the community.
“I believe in accountability and I believe holding myself accountable,” he continued, “So I'd like to reserve judgment until all the facts and the whole story is in, and wait for this State Police investigation to be concluded.”
“I will do the right thing here. And I know there's a lot of eyes watching,”
OCTOBER 5TH, 2019
Illinois State Police announce they have completed their initial work on the investigation
WSPY 107.1fm reports: "Amato says he is now working with the state police to complete the report. It’s Amato’s decision whether charges are filed in connection with the arrest. Amato says he’ll release his findings as soon as the report is complete."
On September 6th at a community town hall, Chief Petragallo said it could take at least three weeks before State Police come to a conclusion. We are now on week 4.
OCTOBER 10TH, 2019
DeKalb police department receives top state accreditation
The Daily Chronicle reports: "The DeKalb Police Department is officially accredited by the state standards, and the report shows no complaints alleging biased-based policing were filed against the department in 2018 or thus far in 2019, despite a high-profile arrest in August" referring to the McDowell case
OCTOBER 21ST, 2019
Police say snapchat posts are what led to encounter
The clips allegedly show cannabis for sale, priced as high as $260 and as low as $15 a gram.
County State’s Attorney Rick Amato has confirmed that he is in possession a report compiled from the Illinois State Police.
Amato’s office will review the ISP findings and make a determination whether to indict a DeKalb police officer, but will not release any additional information until that time, FOIA documents show.
November 9th, 2019
NAACP marches to police headquarters to demand justice!
The Norther Star Reports: "Over 100 members from the NIU and DeKalb communities marched Saturday to the DeKalb Police Department demanding a set date for more sensitivity training, more accountability for police officers and the establishment of a diverse human relations committee.
Nikitha Ballari, president of NIU’s chapter of the NAACP, said the NAACP held the protest because the DeKalb Police Department hasn’t been treating black people in the community properly.
She said the Aug. 24 arrest of Elonte McDowell sparked national attention, but the flame was already lit because of many other incidents."
December 22nd, 2019
"WLBK reports that no criminal charges will be filed against a DeKalb Police officer who was seen on video putting his arms around the neck of an Aurora man during an Aug. 24 arrest, but the officer could still face department discipline.
DeKalb County State’s Attorney Rick Amato says the case was presented to a grand jury Friday and the members of the grand jury declined to return an indictment.
The arrest of then-25-year-old Elonte McDowell on charges including alleged marijuana possession attracted national attention after McDowell’s girlfriend posted cell phone video of the arrest outside Lincoln Tower on social media."
January 1st, 20202
DeKalb interim police chief, DeKalb pastor and activist react after grand jury decision (By KELSEY RETTKE from The Daily Chronicle
"A DeKalb pastor said he believes the color of Elonte McDowell's skin is the reason a DeKalb grand jury declined to indict a DeKalb police officer who was seen on video appearing to choke McDowell with his arm during a high-profile arrest.
"To be honest with you, I was definitely disappointed but not surprised," said Pastor Joe Mitchell, of New Hope Missionary Baptist Church. "We want our voices to be heard and our skin color to matter."
"I really think that what we saw on that video is really a microcosm of what's happening nationally," Mitchell said. "Law enforcement is not being held accountable when they're dealing with color."