A review by the Kane County State’s Attorney’s Office into the officer-involved death of a 39-year-old Batavia man concluded that the actions by the Batavia police and the Kane County Sheriff’s Office were “justified and within the law.”
The investigation found the Aug. 16 death of Michael J. Seidelman was a suicide by a single self-inflicted gunshot wound. State’s Attorney Jamie Mosser’s office concluded that no officer-fired rounds struck Seidelman and the deadly use of force by a Batavia officer and two Kane County sheriff’s deputies was justified.
During the incident, three officers “employed the use of deadly force by firing into an apartment,” according to a joint release by the Kane County State’s Attorney’s and Sheriff’s offices and the Batavia Police Department.
All officer-involved deaths must be independently reviewed, according to The Police and Community Relations Act. The investigation into Seidelman’s death was conducted by the Kane County Major Crimes Task Force and reviewed by the State’s Attorney.
Batavia police responded around 3:45 p.m. the day of the incident to a second-floor apartment for a 911 call about Seidelman harming himself and potentially in a mental health crisis, according to the release.
Upon arrival, “officers tried to make contact with the subject and heard two children screaming inside. Unable to breach the door, officers helped the children escape through the apartment’s balcony and moved them to safety.”
As deputies from the sheriff’s office arrived, Seidelman allegedly fired at the officers from the apartment with an AR-15. The Batavia officer and the two deputies returned fire but did not strike Seidelman, who shot more than 70 rounds in and outside the apartment, according to the release. A final shot was heard around 4 p.m.
SWAT members entered the apartment around 30 minutes later and found Seidelman dead.
Mosser determined the officers’ use of force was justified because “the officers would have had a reasonable belief that they and others in the vicinity were in danger of suffering great bodily harm or death.”
Mosser commended the law enforcement personnel for their “swift and decisive actions that moved two children out of harm’s way. Their commitment to protecting the other apartment residents and their fellow officers was exemplary.”
Batavia Police Chief Eric Blowers said the community continues to heal.
“The Batavia community, our department, and all those directly or indirectly impacted by this situation continue to heal in the aftermath of this event,” Blowers said in the release. “I am immensely proud of the men and women of our department who faced grave personal danger and acted with courage and professionalism to protect those involved in this situation.”
Mosser’s office posted a video compilation on YouTube of officers’ body-camera and squad-cam videos.
An officer knocks on the second-floor apartment door. Yelling can be heard from inside the apartment, and someone else is saying, “Ow! Ow!”
“Step it up, we need additional units. There is something going on inside,” the officer tells another officer.
The officer repeatedly asks someone to open the door and tries to kick it open before asking for someone to bring breaching tools.
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