'I thought I was going to die,' Elmhurst officer testifies
In the moments before Elmhurst police officer Alexander Kefaloukos fired his Glock service weapon at shoplifting suspect Byron Auterberry, he thought about his family and his children.
"I thought I was going to die as I saw the vehicle driving at me," Kefaloukos testified in court Friday. "I thought (Auterberry) was going to run me over. And the only way to stop him from killing me was to shoot him."
Auterberry, 44, of the 1200 block of Waller Avenue in Chicago, is accused of 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.
Kefaloukos and Officer Brandt Cappitelli were attempting to block Auterberry's car in and conduct a traffic stop at 4:50 p.m. on Feb. 27, 2018, at the intersection of southbound York Road and Crestview Avenue after Cappitelli recognized him as a suspect in a recent theft from Mariano's.
They had been conducting surveillance on a drug dealer in Bensenville but decided to change course when Cappitelli recognized Auterberry in the Jewel parking lot.
Both officers testified Friday that, as they approached Auterberry's vehicle in plain clothes, they loudly ordered Auterberry to stop the car and get out.
Kefaloukos, a 10-year veteran of the department, testified he also yelled "Police!" but it could not be heard on dashcam video played in court Friday.
Both officers were in plain clothes at the time of the stop and driving unmarked police vehicles.
Kefaloukos said he intended to flip on his red and blue lights as he pulled in front of Auterberry's car but they never came on. Cappitelli testified his lights and sirens were on as he pulled behind Auterberry even though he agreed the siren could not be heard on the video. The siren indicator on the dashcam video also indicated the siren was not on at the time.
Auterberry's attorneys claim Auterberry did not know the men were police officers, due to them not being in uniforms and their unmarked cars.
Kefaloukos said he approached Auterberry's vehicle from the front and remained there while Cappitelli approached from behind. During this time, Kefaloukos said Auterberry continued to move his vehicle forward in a jerking manner, prompting both officers to draw their service weapons.
"It was as if he was taking his foot of the brake and the car was jumping forward," Kefaloukos testified. "Then the car started accelerating toward me."
As Auterberry accelerated, Kefaloukos fired his service weapon twice through the driver-side window, striking Auterberry with each shot. Auterberry was hit in the left forearm and right thigh.
DuPage County State's Attorney Robert Berlin ruled the shooting was "completely justified" in May.
Despite being shot, Auterberry 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. Auterberry's trial resumes at 10 a.m. Monday and is expected to last through Wednesday.