Chicago man accused of driving car at Elmhurst cop

A 43-year-old Chicago man with a lengthy criminal history is in custody and facing several charges related to a Tuesday night traffic stop in Elmhurst that resulted in a police officer firing his weapon.

Byron Auterberry, of the 1200 block of Waller Avenue, is charged with aggravated assault of a police officer, aggravated assault with a motor vehicle, fleeing and eluding a police officer, and driving with a suspended license. He also is charged with burglary and retail theft from a Jan. 26 case.

DuPage County Judge Brian McKillip set his bail at $100,000 Thursday afternoon.

Assistant State's Attorney Steve Knight said two Elmhurst officers, aware Auterberry had an outstanding warrant from Kane County for failure to appear, approached Auterberry's stopped vehicle around 4:45 p.m. Tuesday on York Road near Grand Avenue.

When one officer ordered Auterberry to get out of the vehicle, the suspect sped in the direction of the other officer, Knight said.

One of the officers fired his weapon at the vehicle, causing Auterberry to smash into another car on York Road before speeding away, authorities said. The crash caused roughly $300 worth of damage.

Knight said one of the two women in the car with Auterberry later told investigators that Auterberry said "(I'm) not going back to jail" as he sped away.

Auterberry's vehicle was recovered a short time later in Chicago.

Knight declined to say how many shots the officer fired, whether Auterberry was struck and where police eventually captured him. Auterberry, however, appeared on video in a wheelchair and sources said Wednesday they believed Auterberry had been wounded and may have been seeking treatment for his wounds.

The DuPage Major Crimes Task Force is investigating whether the officer was justified in firing his weapon.

In addition to the Kane County warrant, Knight said another $100,000 warrant was being processed for a Jan. 26 case in which Auterberry was charged with burglary and retail theft after $375 in alcohol was stolen from an Elmhurst grocery store.

In all, Auterberry has been to prison nine times since 1998, mostly for retail theft and driving with a suspended license. Most recently in DuPage, he was sentenced to 30 months in prison on Nov. 17, 2013, for shoplifting razors and deodorant from a Walgreens in Villa Park.

Auterberry's next court date is April 2 in courtroom 4010 where he will face the burglary and retail theft charges from January, in addition to the latest charges.