GENEVA, Ill. (WLS) — Warning: The body-worn camera video in this story might be difficult to watch.
The Kane County state’s attorney spoke on her finalized report Friday afternoon on a deadly police shooting from almost two years ago.
“While this took longer than anticipated, I am confident that this investigation was thoroughly done with no stone left behind,” State’s Attorney Jamie Mosser said.
James Moriarty, 38, of Aurora was shot and killed by sheriff’s deputies in the middle of a Geneva intersection in 2023.
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Mosser spoke on the circumstances surrounding the deadly shooting, and said she will not be filing charges against any of the officers involved.
Despite no charges being filed against the officers, prosecutors say they didn’t get to this conclusion easily.
She said Moriarty was shot multiple times in the incident, and was later determined to be holding an airsoft gun that looked like a real handgun.
He also had cocaine in his system, Mosser said.
The Kane County Sheriff’s Office said officers were attempting to stop a carjacking suspect in South Elgin around 2 p.m. May 24, 2023. Moriarty had allegedly stolen a Honda Accord in Aurora and had fled authorities previously.
The sheriff’s office said Moriarty fled from officers, who pursued him into Geneva, where they crashed at the intersection of Randall Road and Fabyan Parkway.
Police said Moriarty got out of his car holding what appeared to be a gun, at which point the K9 officer was deployed.
The K9 was shot after police opened fire on the suspect, Mosser said Friday.
In the exchange of gunfire, Moriarty was shot and killed. The K9, named Hudson, also died of its gunshot wounds.
No other officers were struck or injured, the Kane County Sheriff’s Office said.
Mosser said her investigation found one of the deputies involved violated body-worn camera policy.
That same officer fired the most shots, and prosecutors say they had to bring in an independent consultant to review the findings.
He violated both state law and sheriff’s office policy.
“I further find that there were no exceptions to allow him to do so. I allow found there were no exigent circumstances that prevented him from turning his body camera on,” Mosser said.
Mosser said the sergeant’s first five shots were justified, but the remaining eight shots fired after the suspect fell to the ground needed closer evaluation.
The state’s attorney’s office got help from Force Science, an independent consultant that scientifically reviews use-of-force police encounters.
“He had the reasonable belief that he had to deploy force enough to cause great bodily harm because he believes Moriarty could cause great bodily harm,” Mosser said.
Despite that deputy violating his department’s body-worn camera policy, the Kane County cheriff would not say if he faced any disciplinary actions, calling it an employee matter.
But he did confirm the deputy remains on the force.
Body camera video of the deadly shooting was shown during Friday’s press conference.
It showed the high-speed pursuit of Moriarty and the following crash and shooting at a busy intersection.
Deputies are seen swarming in, as Moriarty got out of the backseat with the airsoft gun.
ABC7 Chicago froze the video after a K9 officer is let go on the suspect, and a total of 18 shots were fired among three deputies.
Mosser also said in the month leading up to his death, Moriarty had seven encounters with Aurora police. There were several warrants out for his arrest, and he was considered armed and dangerous, she said.
“He resisted and obstructed law enforcement, and he was suicidal and may be ‘suicidal by cop,'” a news release from her office said.
Mosser released a statement that said:
“Every officer-involved shooting must be carefully and thoroughly investigated. This level of scrutiny upholds public confidence in law enforcement and safeguards the civil rights of those involved. After a comprehensive review of this tragic incident, I have concluded that the officers should not be charged under Illinois law and that they, with the exception of Sgt. Widlarz, acted in accordance with department policy and State mandates. The evidence shows that their use of force was appropriate and justified under the circumstances. However, Sgt. Widlarz’s intentional decision to violate the Sheriff’s Office body-worn camera policy and the State Body Worn Camera Act is unacceptable- especially in light of the facts of this case. His failure to comply with these throughout the entirety of the encounter undermines public trust and is inconsistent with the standards expected of a deputy of the Kane County Sheriff’s Office.
“I thank the Major Crimes Task Force and Force Science for their diligent and thorough work on this investigation. I also want to recognize K-9 Hudson, who courageously gave his life protecting others. His loss is a heartbreaking reminder of the risks our officers and their K-9 partners face daily. I would also like to thank the deputies of the Kane County Sheriff’s Office for their work on that day and every day that they put their lives on the line to protect the people of this community. Lastly, I acknowledge the tragic loss of Mr. Moriarty and extend my sincere condolences to his family. In light of all the facts, my office has closed the investigation in this matter.”
This is a developing story; check back with ABC7 Chicago for updates.
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