Chicago man sentenced to prison for driving at Elmhurst cop

  • Byron Auterberry

    Byron Auterberry

Updated 4/24/2019 11:25 AM

A Chicago man convicted of using his car in a failed attempt to run over an Elmhurst police officer who was trying to arrest him is headed to prison for the ninth time.

Byron Auterberry, 44, of the 1200 block of Waller Avenue, was sentenced by DuPage County Judge Robert Miller to three years in prison. Prosecutors sought the maximum 6-year sentence.


Auterberry was convicted in February on charges 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.

"Police officers have a job unlike most, starting each shift knowing full well they may find themselves in extreme danger before their shift is over," DuPage State's Attorney Robert Berlin said in a written statement. "It is because of their courage, dedication and desire to serve their fellow man, that we in DuPage County enjoy one of the lowest crime rates in the country. And just as they do all they can to protect us, my office stands ready, willing and able to do whatever we can to protect our police officers."

Elmhurst officers Alexander Kefaloukos and Brandt Cappitelli testified during the three-day trial that they were attempting to block Auterberry's car and conduct a traffic stop at 4:46 p.m. on Feb. 27, 2018, at southbound York Road and Crestview Avenue after Cappitelli recognized Auterberry as a suspect in a theft from Mariano's.

Kefaloukos said he approached Auterberry's vehicle from the front and remained there while Cappitelli approached from behind. Kefaloukos said Auterberry continued to move his Nissan Altima forward in a jerking manner, prompting both officers to draw their service weapons.

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As Auterberry accelerated, Kefaloukos fired his service weapon twice through the driver's-side window. Auterberry was hit in the left forearm and right thigh but fled, eventually leading Northlake police on a high-speed chase before officers called off pursuit. At one point, prosecutors said, Auterberry reached speeds of 90 mph in a 40 mph residential zone.

Auterberry was arrested the next day on Chicago's South Side.

Berlin ruled the shooting was "completely justified" in May 2018.

Auterberry has been to prison eight times since 1998, mostly for retail theft and driving with a suspended license. Most recently in DuPage, he was sentenced to 30 months in prison on Nov. 17, 2013, for shoplifting razors and deodorant from a Walgreens in Villa Park.

Auterberry also has been sentenced to three years on a felony retail theft conviction from Kane County. The DuPage sentence will be served after the Kane sentence, with Auterberry receiving about 14 months of credit for time spent held on $100,000 bail in DuPage County.

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