DuPage County clears officers in fatal shootout after multi-county pursuit
DuPAGE COUNTY, Ill. (WGN) — DuPage County prosecutors cleared two suburban law enforcement officials of wrongdoing following last year's fatal shootout involving a man, who authorities said led police on a multi-county chase in the western suburbs.
The DuPage County State's Attorney's Office ruled Thursday that the officers were justified in the killing of Nicholas Novak on Saturday, Sept. 28.
Authorities said the incident began just before 6:45 p.m. when deputies with the Kendall County Sheriff's Office responded to the 3800 block of Pratt Court in Plano to assist local police with a report of a possible home invasion involving shots fired.
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Plano police said officers later located a male victim, identified as 70-year-old Russell Novak, who had been shot several times inside a residence in the area after reportedly calling 911 to report a home invasion. Arriving officers attempted lifesaving efforts, but Novak died from his injuries.
Officers then pursued Nicholas Novak after authorities spotted a Ford Bronco fleeing the home, which he was operating. According to authorities, responding officers believed the vehicle and the shooting incident were connected.
A 25-minute chase ensued, with Novak allegedly leading to the intersection of US-34 and Eola Road in Aurora.
Once in Aurora, ISP troopers said an armed Novak opened fire after exiting his vehicle. Officers told authorities they feared for their lives and returned fire, eventually striking Novak once in the left upper quadrant of the abdomen. First responders rushed Novak to a nearby hospital, where he was later pronounced dead.
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Prosecutors say the Plano police officer and Kendall County sheriff's deputy involved in the fatal shooting discharged their service weapons simultaneously, a total of 16 times.
Police recovered a Remington 870 tactical shotgun and several shell casings at the scene.
DuPage County prosecutors revealed Thursday that ISP's investigation uncovered phone notes in Novak's cellular phone that read in part, 'Unfortunately, I'm done with life,' a search history that included 'murder then fleeing,' 'gun suicide,' 'Do police shoot to kill' and 'suicide by police,' and also revealed that Novak had made suicidal statements to a family member.
DuPage County prosecutors concluded that 'Novak was trying to shoot him or the other officers on scene, and that deadly force was necessary to prevent imminent death or great bodily harm to himself and the other officer.'
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ISP led the investigation.
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