Prosecutor: Aurora cop justified in shooting armed robbery suspect
An Aurora police officer's nonfatal shooting of an armed robbery suspect has been deemed justified by Kane County State's Attorney Joe McMahon.
Giovanni A. Padilla, 26, of Aurora was shot by an Aurora patrol officer responding to a drug deal that turned into an armed robbery at an apartment on the 1100 block of North Farnsworth Avenue around 6 p.m. on Oct. 22.
Authorities say Padilla and two other men went to the apartment to buy drugs. Once inside, all three pulled guns, stole the drugs and escaped before victims called police.
A patrol officer who was in the police station parking lot heard the call and responded to the northwest corner of Indian Trial and Farnsworth, where a short chase ensued,
As Padilla was fleeing, prosecutors say the officer heard something drop at Padilla's feet and saw Padilla kick it under the car. The officer believed the object was a gun.
After the officer requested assistance via his radio he saw Padilla go to the front of the vehicle and pick up the object. Padilla stood again and the officer said he could see that Padilla had a gun in his hand. Prosecutors say the officer then saw Padilla raise the gun, get into a shooting stance and point the gun at him.
The officer, believing his life was in danger, drew his gun and fired four times.
Padilla, was shot once in his arm and wounded. Officers gave him first aid before paramedics took Padilla to a hospital. A loaded handgun and drugs were recovered at the scene. The officer was not injured.
The Aurora Police Department conducted an internal investigation of the shooting. Although no deaths occurred in this case, McMahon also reviewed it in accordance with the Police and Community Relations Improvement Act.
Following his investigation, McMahon determined that the use of deadly force was legally justified.
Aurora police spokesman Dan Ferrelli said there would be no comment from the department.
As a result of the investigation, Padilla is now charged with armed violence, armed robbery with a firearm, aggravated unlawful use of a weapon, unlawful use of a weapon, possession of a firearm without a FOID card, unlawful possession of a weapon by a felon, aggravated unlawful use of a weapon without a FOID card, aggravated unlawful use of a loaded weapon on his person without a concealed carry permit and unlawful possession of cannabis.
Padilla's next court appearance is set for 9 a.m. Jan. 16 in Courtroom 313 at the Kane County Judicial Center.