Joliet Police Chief Evans defends officers’ treatment of David Malito

Joliet police “acted with compassion and urgency” to try to save the life of David Malito, Police Chief Bill Evans said.

Evans posted a long statement on the Dec. 25 incident on the police department Facebook page on Saturday night.

Evans said in the statement that he wants “to clarify and address recent public comments and mischaracterizations about David Malito’s tragic death.”

His comments follow a statement last week by state Sen. Rachel Ventura, D-Joliet, questioning police officers’ actions when dealing with Malito, 39, who was overdosing on cocaine when they arrived and was pronounced dead less than an hour later at the hospital.

Activists, meanwhile, are organizing a protest for Monday evening outside the gas station at 401 S. Larkin Ave. where police encountered Malito.

“Making public comments without considering the full context of the evidence and disregarding the findings of an independent investigation is irresponsible and dangerous,” Evans said. “Such statements can erode public trust, misinform community members and unfairly judge my officers who face extraordinarily difficult circumstances daily.”

The Will County Major Crimes Task Force investigated the incident and determined that Joliet officers at the scene should not face charges after the Will County coroner determined Malito died from cocaine intoxication.

Ventura issued her statement after the release of police video showing one officer with his knee on Malito’s upper back while he was being handcuffed.

Ventura’s characterization of what the video shows starkly contrasts Chief Evans’ statement about the same video.

“Mr. Malito was clearly having a reaction to a substance during the time of the arrest,” Ventura said. “But by the end, we see a man face down and on the ground, struggling to breathe while an officer kneels on his back and neck area, and I’m left with more questions than answers.”

Evans’ statement includes a lengthy description of what happened and police actions at the scene.

“The video and forensic evidence in this case clearly indicate that my officers acted with compassion and urgency to assist Mr. Malito and try to save his life,” Evans said.

The incident happened early Christmas morning with police being dispatched to the scene at 4:36 a.m. Malito was taken to St. Joseph Medical Center in Joliet, where he arrived at 4:53 a.m. and was pronounced dead at 5:14 a.m.

Police were called to the scene by Malito.

Evans said Malito “made three 911 calls, reporting an armed individual trying to harm him. He was in distress and yelling, making it hard for dispatchers to understand.”

“All three calls were abruptly disconnected.,” Evans said.

Police officers got to the gas station within “three minutes of the initial 911 call, with information about a possible armed individual,” Evans said. “They found Mr. Malito inside the store, alone, sweating profusely and exhibiting erratic behavior.”

The officers “quickly suspected that he may have been under the influence of an unknown substance and in need of professional medical care,” Evans said. “They called for an ambulance three minutes after their arrival.”

Video shows three officers trying to gain control of Malito as he acted erratically and screamed, “Please don’t kill me!”

During the struggle, Malito fell along with one of the officers, who put his knee on Malito’s upper back area as he was handcuffed.

Malito was turned over at one point, and officers provided him with Narcan. Handcuffs were removed when paramedics arrived.

“A person under the influence of an unknown substance may not be in control of their actions, may unknowingly harm themselves, may become a danger to the public and may resist or even harm the paramedics who are seeking to provide care,” Evans said in his statement addressing police actions at the scene.

“During the encounter, Mr. Malito appeared to physically resist the officers’ attempts to assist him, pulling away and ultimately falling to the ground,” Evans said. “He was then handcuffed to prevent injury to himself, or others based upon his agitated and unpredictable behavior until the ambulance arrived and the next steps could be taken.

“Officers used two sets of handcuffs linked together, a common adjustment used when an individual’s size, medical condition, or physical distress requires additional space behind the back to avoid undue pressure to an individual’s body,” Evans said. “After it was discovered that Mr. Malito had lost consciousness, officers immediately repositioned his body and administered Narcan, which briefly revived him. Mr. Malito was removed from handcuffs, and Joliet Fire Department paramedics arrived within five minutes of being called to the scene to take over life saving measures. Unfortunately, Mr. Malito would later be pronounced deceased at a local hospital.”