Family of man killed in 2016 Carpentersville robbery sues store owner, alleging excessive force
Relatives of a man shot and killed during a 2016 robbery of a Carpentersville computer repair shop have sued the store owner, arguing a security guard used excessive force by continuing a chase beyond the crime scene.
Kenyon Slater, 37, of Chicago was shot and killed after police say he robbed Oscarin's Computer Inc., on the 1600 block of Ravine Lane, the night of Sept. 7.
Attorney Adam Smestad filed the lawsuit on behalf of Leane Snowden, Slater's mother, against store owner Oscar Torres Loredo and Michael Napoles-Suarez, whom the suit describes as a security guard.
Smestad said he was not trying to defend armed robbery but stressed there are situations in which lethal force can legally be used and this was not one of them.
"Just because somebody makes a bad choice, that doesn't forfeit their life," Smestad said. "In very limited circumstances the law provides for the use of deadly force."
'No reasonable fear'
According to Carpentersville police, Slater and Bobby L. Heard, 34, of Chicago were armed with handguns and entered the store about 7:30 p.m. and demanded money from Loredo and Napoles-Suarez.
The suspects used zip ties to restrain Loredo and Napoles-Suarez, police said, and began searching the store, which offers technology repair and money transfer services.
After the two broke through the zip ties, one suspect hit Napoles-Suarez in the head with a pistol and threatened to kill them if they moved, Loredo said at the time.
Loredo, who could not be reached for comment, said in 2016 the men found money and left the store five minutes later, at which point the employee grabbed a handgun and followed them to the parking lot.
The employee yelled at the men to stop, but they pulled their guns and the employee opened fire, hitting Slater while Heard and the driver sped off.
Smestad's lawsuit argues Loredo and Napoles-Suarez were not in immediate danger, were careless and negligent when they pursued Slater, and should have waited for police.
"(The) robbery had been completed and was no longer in progress" and neither Loredo nor Napoles-Suarez had "a reasonable fear for their safety or reasonable fear of immediate bodily harm," the lawsuit argues.
Napoles-Suarez said in a phone interview he had a valid Firearm Owner's Identification card and police reviewed the robbery and shooting without charging him or Loredo with any wrongdoing.
Napoles-Suarez disputed the lawsuit's argument that the assailants were pursued beyond the crime scene. Suarez said he ran after the men in the store parking lot, yelling for them to stop and opening fire only after Slater pointed his weapon at him.
"Before he shot, I tried to stop him," Napoles-Suarez said. "Everything is OK with the police. They saw the video. They saw everything."
Carpentersville police did not return messages.
The lawsuit seeks unspecified damages in excess of $50,000 and is next due in court Nov. 7.
Suspect remains jailed
Heard has been at the Kane County jail on $3 million bail on charges of first-degree murder since his arrest in late September 2016.
Heard is charged with first-degree murder in that his actions caused the death of Slater, prosecutors say. He is acting as his own attorney. He has filed a petition to have the charges thrown out, arguing police destroyed or sold a 2006 Buick Ranier found in Broadview in early September 2016 that could have contained evidence pertinent to his case, thereby depriving him of his right to a fair trial.
"Said examination of the 2006 Buick Ranier would reveal exculpatory evidence; i.e. bullet holes in said van and would further show that said van was fired and hit, substantiating defendant's defense that, in fact, he only fled after the armed robbery had ended as one of the alleged victims, Michael Napoles-Suarez, after executing co-defendant Slater, opened fire at said vehicle causing the driver to flee northbound on Ravine," Heard wrote in a court motion to have charges dismissed.
Heard faces up to 60 years in prison and is in court Friday.