Debate swirls over Joliet police handling of Malito case, man who died in police custody

Public speaks out at City Council meeting

Anthony Malito, the twin brother of David Malito, 39, holds up a sign for a vigil and protest for his brother on Monday, May 5, 2025, at the Shell gas station, 401 S. Larkin Avenue, Joliet.

A public dispute over how Joliet police handled David Malito before he died on Dec. 25 was brought to the City Council meeting on Tuesday.

Four people criticized city leaders for not upgrading police training in light of the incident and an Illinois Attorney General’s report on the department last year.

Another said the mayor and City Council should speak out in support of the police department and an officer who has come under fire.

The public comments made Tuesday follow a street protest on Monday, an extensive statement on the incident from Police Chief William Evans over the weekend, and critical comments from State Sen. Rachel Ventura, D-Joliet- last week.

“He called 911 for help. He begged for help,” Malito’s sister-in-law, Chelsea Thean told the City Council.

Anthony Malito, the twin brother of David Malito, 39, speaks at a vigil and protest for his brother on Monday, May 5, 2025, at the Shell gas station, 401 S. Larkin Avenue, Joliet.

Thean said police handling of the incident “ultimately ended with the tragic loss of his life.”

“We will not stop fighting for justice,” she said. “We need change, and we need it now.”

Malito called 911 in the early morning hours from a gas station saying someone was trying to kill him. Police found him alone, acting erratically, and shouting, “Please don’t kill me.” A struggle with police led to Malito on the ground and one officer with a knee on his upper back as Malito was handcuffed.

Malito lost consciousness, was provided Narcan, and was taken to the hospital, where he was pronounced dead.

The Will County Coroner’s Office determined Malito died from cocaine intoxication.

Protesters on Monday called for Officer Christopher Meza, the officer who had his knee on Malito’s back, to be fired.

John Hertko, an area resident who at one time served on a city commission that explored future water options for Joliet, told a City Council committee that city officials need to speak up for Meza.

“What I want to know is, when is the City Council, the mayor, and the city manager going to take a stand on this issue?” Hertko said to the Public Safety Committee, which met before the council meeting.

Noting that protesters characterized Malito’s death as a murder, Hertko said, “Somebody on the administrative level in Joliet should speak to this.”

Hertko commended Evans for the statement he put out in defense of police handling of the situation but said he wanted to hear more from other city officials.

Mayor Terry D’Arcy and City Council members did not respond to the comments made during the council meeting.

But Council members Joe Clement and Jan Quillman, both members of the Public Safety Committee, said earlier in the meeting that people should play the tape from the committee meeting and listen to Hertko’s comments.

That raised objections from two of the critics of police conduct who spoke later.

Former Joliet Township Trustee Karl Ferrell (left), comforts David Palacios, the father of David Malito, 39, at a prayer vigil and protest for Malito on Monday, May 5, 2025, at the Shell gas station, 401 S. Larkin Avenue, Joliet.

Karl Ferrell, a critic of the police department, said the comments by Clement and Quillman “showed a lack of concern for the family that’s sitting here, and it showed bias.”

Malito’s mother also was at the meeting, although it was not clear whether council members knew she was there. She did not speak to the council.

Ferrell said the Malito incident was an example of problems in the Joliet Police Department listed in a report from the Illinois Attorney General’s Office last year.

Joliet Police Chief Bill Evans speaks at the Public Safety Open Forum at the Billie Limacher Bicentennial Park Theatre on Wednesday June 26, 2024 in Joliet.

Evans, asked after the meeting about the comments critical of the police department and its training, pointed to findings from the Will-Grundy Major Crimes Task Force, the Will County State’s Attorney’s Office and the coroner that police were not responsible for Malito’s death.

“That’s what we stand by,” Evans said.

“Obviously, we feel very sorry for the family,” he added. “We feel very sorry for their loss. It’s a very unfortunate situation for everybody.”

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