Police cleared in shooting death of murder suspect after chase in Chicago's western suburbs
A Plano, Illinois police officer and a Kendall County sheriff's deputy were justified when they shot and killed a man suspected of his father's murder last fall following a police chase that ended in Aurora, DuPage County Robert Berlin found after a nearly seven-month investigation.
Berlin, whose office reviewed an Illinois State Police investigation of the Sept. 27 shooting death of 36-year-old Nicholas Novak, said Novak fired a shotgun at police at the end of the chase, and they shot him out of fear for their lives.
Plano police and Kendall County Sheriff's deputies responded to reports of a home invasion and shots fired at the home of 70-year-old Russell Novak around 6:45 p.m. on Sept. 27, in the 3800 block of Pratt Court in Plano.
As officers arrived, a Ford Bronco was pulling out of the garage, and the driver, Nicholas Novak, ignored officers' orders to stop, according to Berlin's office. As several squad cars started chasing the Bronco, other officers found Russell Novak dead inside the home.
Police and sheriff's deputies chased the Bronco for approximately 25 minutes, as Nicholas Novak drove into nearby Aurora, where he stopped at a red light and got out of the vehicle near Ogden Avenue (Route 34) and Eola Road.
Plano Officer David Svehla and Kendall County Deputy Tyler Giannotti got out of their vehicles after pulling up behind the Bronco.
As Nicholas Novak got out of the Bronco, he was holding a shotgun as he stepped onto the median, and he fired at Svehla before pointing the gun at Giannotti. Both Svehla and Giannotti returned fire, hitting Novak in the abdomen, killing him. Illinois State Police were unable to determine which officer fired the fatal shot.
"Both Officer Svehla and Deputy Giannotti perceived the same threat when Novak pointed a shotgun in their direction and both stated that they feared for their life with Deputy Giannotti telling a sergeant at the scene immediately after the shooting, 'that's f****** scary, he pointed that gun right at me,'" Berlin said in a news release.
Investigators also found notes on his cell phone stating, "Unfortunately, I'm done with life," along with searches for "murder then fleeing," "gun suicide," Do police shoot to kill," and "suicide by police." His family also told police he had made previous suicidal statements.
An autopsy also determined Novak's blood-alcohol level was .153 at the time of the shooting, nearly twice the legal limit for driving, suggesting alcohol might have influenced his behavior.
"Therefore, it is the conclusion of my office that Officer Svehla and Deputy Giannotti acted lawfully and were justified in using deadly force when they fired their service weapons and shot Nicholas Novak," Berlin said in a news release.
No officers were injured during the chase and shooting.
The video above is from a previous report.
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