State's attorney: Addison cops justified in shooting man armed with a gun

Three Addison police officers have been cleared in an October shooting in which they opened fire on an armed 32-year-old man who authorities said took his own life.

DuPage County State's Attorney Robert Berlin on Wednesday said officer Timothy Johnston, Sgt. Stefan Bjes and officer David Baquero were justified when they discharged their weapons, striking John Kennedy five times.

No criminal charges will be filed against any of the officers, he said.

“It is the conclusion of my office that Officer Johnston, Officer Baquero and Sergeant Bjes acted lawfully and were justified in using deadly force when they fired their guns and shot John Kennedy,” Berlin said in the written statement.

Berlin said police were dispatched at 12:23 a.m. Oct. 8 for a well-being check of a suicidal subject on the 1400 block of West Fullerton Avenue.

Johnston and another Addison officer were the first to respond and saw Kennedy seated in his car texting while a gun was visible in the center console, according to Berlin. The officers were aware that Kennedy was suicidal, he said.

When Bjes and Baquero arrived, all of the officers tried to convince Kennedy to get out of the car.

Despite multiple attempts by the officers to “let them help” and multiple orders not to touch the gun, Berlin said, Kennedy abruptly raised the weapon and shot himself in the right temple.

Fearing for their own safety as well as that of fellow officers, Berlin said, the officers — positioned around the car — discharged their weapons, striking Kennedy three times in the body, as well as causing graze wounds to the hand, arm and abdomen.

Bjes fired his weapon five times, Baquero fired once and Johnston fired once.

Investigators recovered Kennedy's weapon from the floor under his right hand, where he dropped it after shooting himself. Kennedy tested positive both for alcohol and THC.

Before his death, Kennedy sent numerous messages to people in his life indicating he was going to commit suicide.

Berlin said the self-inflicted gunshot was the cause of Kennedy's death.

“When John Kennedy refused to get out of the car and then without warning grabbed his handgun, began to raise it toward the front of the vehicle and discharged his firearm, he created a circumstance that made the officers' discharge of their weapons reasonable,” Berlin said.

Berlin said it was reasonable for Johnston, Bjes and Baquero to believe Kennedy was attempting to shoot them or other officers and that deadly force was necessary.

“The way John Kennedy armed himself and brandished the weapon created a reasonable belief in the minds of the officers that he was going to fire the weapon,” Berlin said. “The actions of the officers were reasonable considering the totality of the circumstances.”

He said all three officers “should be commended for their professionalism during this extremely tense incident.”