Man shot by police arrested for DUI before confrontation

A man shot and killed by Libertyville police early Saturday had been arrested for drunken driving just hours before the confrontation, officials said Tuesday.

Libertyville Police Chief Patrick Carey said there is no known connection between the Vernon Hills police arrest of Spencer Foutes, 23, and his conduct toward Libertyville officers that led to the fatal shooting.

Foutes was shot once in the lower left side near his back around 6 a.m. after leveling a .357 caliber revolver at officers responding to a domestic disturbance reported by Foutes' mother.

The Lake County Major Crimes Task Force investigation of the shooting should be completed within a week, Carey said. It will then be reviewed by the Lake County state's attorney's office.

Vernon Hills police arrested Foutes about 1:30 a.m. Saturday and charged him with driving under the influence of alcohol and resisting arrest, Carey said. He did not have specific information about the' arrest, and Vernon Hills police could not be reached for comment late Tuesday.

After being released on bond, Foutes returned to the townhouse he shared with his mother, Marilyn Foutes, and a family friend.

At about 6 a.m., Carey said, Marilyn Foutes called 911 to report her son was "out of control," at their residence in the 600 block of Cali Court.

"She said he was punching holes in the walls and very intoxicated," Carey said. "She told our dispatcher that there were no weapons involved."

Officers Alex Cardona and Bryan Pletcher were the first to arrive, Carey said, and were told Spencer Foutes was in a second-floor bedroom.

After announcing their presence "loud enough for anyone to hear," Cardona opened the bedroom door, Carey said.

"He saw Spencer Foutes laying on the bed with a handgun in his hand," Carey said. "He called out to Pletcher that there was a gun, and both officers began moving backward from the room."

Foutes came out of the room holding the weapon, Carey said, and officers yelled for him to put down the gun.

Cardona backed into a bathroom off the hallway, Carey said, while Pletcher stood in the hallway with Foutes.

Foutes went to a railing overlooking the ground floor, Carey said, and pointed the gun at two other police officers who had arrived.

"At that time, Officer Cardona fired his weapon twice, striking Spencer Foutes once," Carey said. "It is our understanding that Spencer Foutes said nothing at all to any of the officers there."

Carey said test results on some evidence taken from the scene are not yet available. Lake County Coroner Dr. Richard Keller said Foutes had a blood-alcohol content of .25 percent when he died, more than three times the legal definition of intoxication.

In addition to the pistol, Carey said, police took shotguns, a crossbow and knives and swords from the residence after the shooting.

Foutes and his mother moved to Libertyville this spring, Carey said, and have lived on the East and West coasts.

Cardona, an eight-year veteran of the department in his 30s, has been placed on paid leave. Carey said he hopes to have him back to work soon.