Charges filed against man shot and wounded by Naperville police last month

  • A video frame grab from video released by the Naperville Police Department shows the moments leading up to an officer involved shooting on Jan. 23.

    A video frame grab from video released by the Naperville Police Department shows the moments leading up to an officer involved shooting on Jan. 23.

  • Zachary Kelley

    Zachary Kelley

Updated 2/8/2019 4:19 PM

The 27-year-old Naperville man who was shot by a Naperville police officer last month now faces criminal charges accusing him of pointing a pellet gun at the officer.

Zachary Kelley, 27, of the 1200 block of Whispering Hills, is charged with three counts of aggravated assault to a police officer. His bail was set Friday at $100,000.

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Kelley had been receiving treatment for injuries he sustained but was released from the hospital Feb. 1 and taken to the DuPage County jail.

At roughly 10:30 p.m. Jan. 23, Naperville officers responded to a 911 call regarding Kelley harassing a woman at the Mobil station at 1280 West Ogden Ave., police say. Officers eventually found Kelley outside a restaurant in the parking lot of a strip mall next to the station.

Authorities said Kelley held the weapon to his head for several minutes while both sitting and standing as officers tried to talk to him.

After about eight minutes, according to video released by police through a Freedom of Information Act request, Kelley stood up and pointed the weapon directly at the officers. At that point an officer fired his service weapon, striking Kelley.

After ensuring the gun was out of his reach, officers began tending to Kelley's injury until paramedics arrived and took him to the hospital.

"Our police officers put their lives on the line every day," DuPage County State's Attorney Robert Berlin said in a written statement. "Thanks to the professionalism displayed by the Naperville Police Department in this case, no officers or innocent bystanders were injured."

Police Chief Robert Marshall said Friday he was proud of the way the officers, who are certified crisis intervention officers, performed in "one of the most stressful scenarios they will ever face."


"What stood out to me was the way our officers engaged verbally with the subject," Marshall said. "As you can see on the video, our officers are attempting to establish a rapport with him by determining his name and calling him by his first name, trying to ensure him that things would be OK."

"It was also important to let him know that we, as officers on the scene, were there to help him and to get him the help he needed, to get him to put that firearm down."

Marshall said he was "absolutely" proud of the way officers put their training to use.

Currently, Marshall said, a quarter of the department's officers and dispatchers have completed a 40-hour crisis intervention training course. Marshall said he does not believe having 100 percent of the department eventually certified is out of reach.

Kelley's next court appearance is scheduled for Feb. 25, in front of DuPage County Judge George Bakalis.

Marshall said he expects Kelley to petition to enter the DuPage County State's Attorney's Mental Illness Court Alternative Program. The program is a tool to redirect offenders who have a mental health diagnosis that was a contributing factor in the commission of the crime.

"My belief is that he will be enrolled if it can be determined that he does, indeed, have a mental illness," Marshall said.

The DuPage County Major Crimes Task Force is reviewing the facts and circumstances of this case in regard to the officer discharging his weapon. Once that investigation is complete, Berlin will review it determine whether the shooting was justified.

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