UPDATE: Body camera footage showing the fatal police shooting has been released. Details here.
An attorney who appeared in court over the weekend in a case related to the fatal police shooting of 13-year-old Adam Toledo "failed to fully inform himself" before speaking, the Cook County State's Attorney's office said.
"An attorney who works in this office failed to fully inform himself before speaking in court," a spokesperson for the office said in a statement in response to questions over whether or not the teen was in fact holding a gun at the time of the shooting. "Errors like that cannot happen and this has been addressed with the individual involved. The video speaks for itself."
Body camera video showing what happened when Adam was fatally shot by an officer is expected to be released to the public Thursday afternoon. Chicago authorities have declined to offer many specifics on what the video will show, including whether or not Adam was holding a gun at the time, despite a prosecutor alleging he did during a court appearance over the weekend.
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"Look, I don't want to get into the real substance of this because the independent investigation is going on, but I've seen no evidence whatsoever that Adam Toledo shot at the police," Lightfoot said during a press conference urging peaceful response ahead of the footage's release. When asked if she could confirm whether the teen did in fact have a gun, Lightfoot told people to "see what the video shows."
But prosecutors had described the events in the video over the weekend as a judge set bond at $150,000 for the 21-year-old man who was with the teen at the time of the fatal shooting.
Ruben Roman, who was represented by a public defender at a Cook County bond court hearing, was charged with reckless discharge of a firearm, aggravated unlawful use of a weapon by a felon and child endangerment.
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Prosecutors with the Cook County State's Attorney's Office said in court that video captured Roman firing shots before police responded to the scene. Prosecutors said an officer apprehended Roman, who dropped red gloves on the ground during his arrest that later tested positive for gunshot residue.
The other officer chased Toledo, repeatedly telling him to stop, and eventually Toledo stopped near a break in a wooden fence, prosecutors stated. Toledo, who was standing with his left side facing the officer and holding his hand to his right side, was ordered by the officer to show his hands, Cook County Assistant State's Attorney James Murphy said.
The officer told the teen to "drop it, drop it," as Toledo, with a gun in his right hand, turned toward the officer, prosecutors said. The officer opened fire, striking the teen once in the chest. The gun Toledo was holding landed a few feet away, prosecutors said.
The officer called for medical assistance and started performing chest compressions on Toledo, who died at the scene, authorities said.
The teen's right hand tested positive for gunshot residue, according to Murphy. Fired shell casings from near where Roman fired shots matched the 9-millimeter handgun that was recovered near Toledo, prosecutors said.
The shooting took place in the early morning hours of March 29, according to police, who said officers responded to an alert of shots fired at 2:37 a.m. in the 2300 block of South Sawyer and saw two males in a nearby alley.
Both fled, according to police, who said officers chased them and one opened fire, shooting Adam in the chest. He was pronounced dead at the scene and a weapon was recovered, officials said.
NBC 5 has not independently verified the reports of the incident from police.
COPA is still investigating the shooting and the officers involved have been placed on administrative duties for 30 days in line with Chicago Police Department policy.
Outrage has enveloped the city since the fatal police shooting, with the teen's family and supporters calling for the immediate release of police body camera video showing the encounter. CPD has canceled days off for officers as they prepare for possible demonstrations.
Lightfoot said footage of the shooting, which she described as "excruciating," may be released around 2:30 p.m. Thursday.
"There are several videos that kind of start at the beginning of the episode but watching the bodycam footage, which shows young Adam after he is shot is extremely difficult," she said during the press conference. "And I would just say, I've said this to a number of people my, my staff or cabinet. As a mom, this is not something you want children to see."
Lightfoot's press conference alongside several community leaders came just moments after the mayor released a joint statement with her corporation counsel and the attorneys for Adam's family.
"Based on the Civilian Office of Police Accountability’s announcement that it will be releasing the videos, both parties agree that all material should be released, including a slowed-down compilation of the events of March 29 that resulted in the tragic death of 13-year-old Adam Toledo," the statement read.
Adam's family had recently called for people to "remain peaceful" to honor his memory as the city awaits the release of video. They echoed that request again in Thursday's statement.
"We acknowledge that the release of this video is the first step in the process toward the healing of the family, the community and our city," the statement read in part. "We understand that the release of this video will be incredibly painful and elicit an emotional response to all who view it, and we ask that people express themselves peacefully."
Chicago's Civilian Office of Police Accountability had said after the family watched the videos Tuesday night that based on the family's request, it would "not immediately release" the footage or other materials like 911 calls and witness statements to the public.
The agency then announced Wednesday that video other materials related to the investigation would be released Thursday, two days after Adam's family was shown footage of the shooting.
"COPA has remained sensitive to the family’s grief and is carrying out this release in accordance with the City’s Video Release Policy," the office said in a statement Wednesday. "COPA’s core values of integrity and transparency are essential to building public trust, particularly in incidents related to an officer involved shooting, and we are unwavering in our commitment to uphold these values."
Body-camera footage of the shooting will be released, along with third-party video, OEMC transmissions, ShotSpotter recordings and several other reports, COPA said.
"COPA's investigation is ongoing as we seek to determine the full facts in this case. To that end, we call for full cooperation with COPA," the statement from the mayor and Toledo family attorneys read. "We remain committed to working together toward reform. We ask that you continue to respect the Toledo family’s privacy during this incredibly painful and difficult time."
Attorneys for Adam's family on Tuesday called the experience of seeing the videos "extremely difficult and heartbreaking for everyone present, and especially for Adam’s family."
“We want to thank COPA for giving the Toledo family the opportunity to review body camera video and other evidence before its public release," attorney Joel Hirschhorn said in a statement.
Hirschhorn said the family's legal team is continuing to conduct their own investigation into the shooting and meeting with representatives of the city, thanking members of the public for their respect as the family mourns.
