Authorities: Elmhurst cop justified in shooting burglary suspect
An Elmhurst police officer has been cleared in the Feb. 27 shooting in which he wounded a 43-year-old Chicago man who authorities said drove his car at the officer while trying to avoid arrest.
In his written ruling Monday, DuPage County State's Attorney Robert Berlin said officer Alexander Kefaloukos was "completely justified" when he discharged his weapon two times, striking Byron Auterberry both times, once in the left forearm and once in the right thigh.
Kefaloukos and another officer were attempting to conduct a traffic stop on Auterberry's car at 4:50 p.m. at the intersection of southbound York Road and Crestview Avenue.
As they approached Auterberry's vehicle, both officers loudly ordered Auterberry to stop the car and get out. Authorities said Auterberry did not.
Berlin wrote that Kefaloukos approached Auterberry's vehicle from the front and remained there while the other officer approached from behind. During this time, Berlin wrote, Auterberry continued to move his vehicle forward in a jerking manner, prompting both officers to draw their service weapons.
Berlin said the investigation showed Kefaloukos remained in front of Auterberry's vehicle while the other officer holstered his service weapon and attempted to open the driver's-side door while still ordering Auterberry to "stop" and "open the door." Auterberry pulled the door closed, told the officer "I'm not going back to jail" and "no," and began driving toward Kefaloukos, Berlin said.
As Auterberry accelerated toward Kefaloukos, the officer fired his service weapon twice through the driver's-side window, striking Auterberry with each shot.
Auterberry continued accelerating, crashed his vehicle into another vehicle in the curb lane and fled at high speed, Berlin said. After a police chase in which Auterberry eluded capture, he was taken into custody the next day at a relative's home in Chicago.
"Officer Kefaloukos was confronted with an imminent unlawful threat of deadly force by Mr. Auterberry. Given the violent actions of Mr. Auterberry, his refusal to obey repeated police commands along with his actions of accelerating quickly in the direction of Officer Kefaloukos, Officer Kefaloukos acted lawfully and was justified in discharging his weapon in order to prevent imminent death or great bodily harm to himself or others," Berlin wrote. "Officer Kefaloukos was also justified in discharging his service weapon to defeat Auterberry's attempt at escape once Auterberry committed aggravated assault on a police officer which involved the infliction or threatened infliction of great bodily harm and then to escape by use of a deadly weapon."
Auterberry, of the 1200 block of Waller Avenue, has been held on $100,000 bail since his arrest. In all, he has been 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.
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 May 30 in courtroom 4010 where he will face the burglary and retail theft charges from January, in addition to the latest charges.