Prosecutor in shooting case on leave

CHICAGO — A prosecutor who implied in court that 13-year-old Adam Toledo was holding a gun the instant he was fatally shot by a Chicago police officer was placed on leave Saturday, a day after a video showing the boy’s hands were empty was released to the public.

“In court last week, an attorney in our office failed to fully present the facts surrounding the death of a 13-year-old boy,” Cook County State’s Attorney Kim Foxx spokeswoman Sarah Sinovic said in a statement. “We have put that individual on leave and are conducting an internal investigation into the matter.”

During an April 10 bond hearing for 21-year-old Ruben Roman, who was with Adam when he was shot March 29, Assistant State’s Attorney James Murphy appeared to suggest that the boy was still holding the gun as officer Eric Stillman pulled the trigger.

“The officer tells [Adam] to drop it as [Adam] turns towards the officer. [Adam] has a gun in his right hand,” Murphy said, according to the Chicago Sun-Times. “The officer fires one shot at [Adam], striking him in the chest. The gun that [Adam] was holding landed against the fence a few feet away.”

But Murphy did not explain what the video and screen shots show: That Adam had nothing in his hands when he was shot and had dropped or tossed the weapon away less than a second before the officer pulled the trigger. Police found the gun next to a fence a short distance away after the shooting.

According to the Chicago Tribune, Foxx told staffers in an email that the language in the proffer that Murphy read in court “did not fully reflect all the evidence that had been given to our office.”