Trial set for man accused of trying to run down Elmhurst cop

Byron Auterberry yelled "I'm not going back to jail" as he tried to run down an Elmhurst police officer with his vehicle earlier this year, officials said.

But it appears a DuPage County jury will make that decision for him when he goes to trial in January.

DuPage Judge Robert Miller Monday set a Jan. 29 jury trial for the 44-year-old Auterberry, of the 1200 block of Waller Avenue in Chicago. Auterberry 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 separate case.

Prosecutors allege two Elmhurst officers were attempting to conduct a traffic stop on Auterberry's car around 4:50 p.m. on Feb. 27 at the intersection of southbound York Road and Crestview Avenue.

As they approached Auterberry's vehicle, both officers said they loudly ordered him to stop the car and get out. Authorities said Auterberry did not.

One officer approached Auterberry's vehicle from the front and remained there while the other officer approached from behind. During this time, prosecutors say, Auterberry continued to move his vehicle forward in a jerking manner, prompting both officers to draw their service weapons.

One officer remained in front of Auterberry's vehicle while the other holstered his service weapon and attempted to open the driver's door while still ordering Auterberry to stop.

Auterberry pulled the door closed, told the officer "I'm not going back to jail" and "no," and began driving toward the officer at the front of his vehicle, prosecutors said.

As Auterberry accelerated, the officer fired his service weapon twice through the driver's-side window, striking Auterberry with each shot. Auterberry was hit in the left forearm and right thigh.

He continued accelerating, crashed his vehicle into another vehicle in the curb lane and fled at high speed. After a police chase in which Auterberry eluded capture, he was arrested the next day at a relative's home in Chicago.

He has been held on $100,000 bail since his arrest.