Latest news with #Mosser
Chicago Tribune
01-05-2025
- Chicago Tribune
Man who fell asleep in stranger's house in Elgin shot by homeowner
An Elgin resident who confronted and shot a man he found sleeping in his home Sunday will not be charged in the incident, Kane County State's Attorney Jamie Mosser said. Neither will the victim, who apparently had been attending and then left some sort of gathering in the 100 block of Commonwealth Avenue only to return to the wrong house, where he let himself in and fell asleep, Mosser said. The shooting occurred after the resident, 79, got into a verbal and physical fight with the 29-year-old man, resulting in the resident firing his gun, according to an Elgin Police Department news release posted on Facebook. The man was taken to an area hospital but the extent of his injury has not been disclosed. 'When looking at charging an individual, we need to also review whether there are any defenses present,' Mosser said. 'In this case, based on all of the facts presented, the homeowner had a reasonable belief that he needed to defend himself.' While 'the facts showed that (the 29-year-old man) went into the home mistakenly while intoxicated and fell asleep,' the resident chose not to file charges, she said. The incident was a confusing one because police initially posted a Facebook message Sunday morning to alert residents to a large police presence in the 100 block of South DuBois Avenue. That was later updated to the 100 block of South Commonwealth Avenue about two blocks away, near Abbott Park. However, the shooting occurred sometime before 9 a.m. in the 800 block of Carr Street, which is more than three blocks away. While initially saying Sunday that the incidents were related, the connection was not made clear until details of the shooting were disclosed nearly three days later. The police department's SWAT team had been called in, but no information on why they were needed or why police were called about the gathering have been released. When more details were requested by The Courier-News, the newspaper was told to file a Freedom of Information Act request for the police report, which it has done. Mosser said the case is considered closed on her end because no charges will be filed.
Chicago Tribune
12-04-2025
- Chicago Tribune
No Kane County deputies will be charged after fatal 2023 shooting of Aurora man following police chase
Nearly two years after the officer-involved shooting that left James Moriarty of Aurora dead and also killed police dog Hudson, Kane County State's Attorney Jamie Mosser announced Friday that no Kane County deputies will be charged in connection with the incident. The Kane County State's Attorney's Office on Friday also released available body camera and dash camera footage from the shooting, which is available on YouTube: On May 24, 2023, Moriarty, 38, allegedly carjacked a Honda Accord at a Jiffy Lube in Aurora around 1:57 p.m., according to past reporting. After deputies spotted the vehicle using license plate readers, police initiated a pursuit that ultimately ended when the car being driven by Moriarty was stopped at Randall Road and Fabyan Parkway on the border of Geneva and Batavia. Soon after, Moriarty exited from the backseat driver's side door, Mosser said, with his right hand to his side. She said that as he moved to the back of the car, 'a gun can be seen in his right hand pointing down on the video.' Moriarty did not comply with multiple commands to put his hands up or drop the apparent weapon in his hand after he exited the car, Mosser said. She said that the object in Moriarty's hand was later found to be an airsoft gun, but that the deputies involved would not have known that at the time. According to a press release from the Kane County State's Attorney's Office, Moriarty, while still holding the apparent weapon, went towards civilians and law enforcement. A deputy fired several shots, and the police dog, Hudson, was deployed on Moriarty, Mosser said. Deputies fired several more shots while Moriarty was upright, and a number more while he was on the ground. Both Moriarty and the police dog died during the shootout, according to past reporting. According to the press release from the Kane County State's Attorney's Office, Moriarty had seven encounters with Aurora police in the month leading up to his death and there were several warrants out for his arrest. There were also warnings in LEADS, the statewide Law Enforcement Agency Data System, that Moriarty should be considered armed and dangerous and that he resisted and obstructed law enforcement, Friday's release detailed. The decision not to pursue criminal charges against the involved officers comes after an investigation by the Kane County Major Crimes Task Force and a review by independent consultant Force Science, which reviews police use-of-force incidents, the release on Friday said. The involved officers were Kane County Sheriff's Sgt. Michael Widlarz, Deputy Eric Gustafson, Deputy Alan Garcia and Deputy Luke Weston with police dog Hudson. In total, 18 shots were fired in a span of seven seconds during the incident, Mosser said on Friday. Four of those were fired by Gustafson, one by Garcia and 13 by Widlarz, she said. Mosser confirmed Friday that one of those shots, fired by Garcia, unintentionally killed the police dog. Moriarty never fired the airsoft gun, she said. Moriarty's body had 17 gunshot wounds, Mosser said, per findings from the Kane County Coroner's Office, and the cause of his death was found to be multiple gunshot wounds. According to a toxicology report, there was cocaine present in Moriarty's system when he died, she noted. Mosser's office determined that none of the officers should be charged with using deadly force given the reasonable belief that the force was necessary to prevent death or great bodily harm to themselves or others. She noted that five of the 13 shots by Widlarz were fired while Moriarty was upright, while the last eight were fired after he was on the ground – she said whether the last round of shots was justified was 'not easy to determine,' and required consulting from Force Science – but they were ultimately ruled justifiable. Hain said it was a 'testament to their capabilities' that the officers were able to prevent any threats to civilian safety, given that the shooting happened in the afternoon on a Wednesday. The three officers who exerted deadly force – Gustafson, Garcia and Widlarz – have been cleared following the investigation, and Mosser's review is now considered closed. Weston had been at a training and thus was not in uniform that day, Mosser said, but he joined the pursuit because he had his police dog, Hudson, with him. Because he was at training, Mosser said there was 'no expectation' that Weston would have had his body camera on him at the time. Last September, the shooting generated further public attention after Hain made comments criticizing a lack of communication between Aurora police and his deputies, according to past reporting. He made the comments at a memorial for the police dog who was killed during the incident. Aurora Mayor Richard Irvin then held a press conference at which he defended the Aurora police and said that Hain turned the memorial into 'a platform' for himself. Mosser later released a statement saying she had been unaware of the comments Hain would make at the memorial. While the officers involved in the fatal shooting of Moriarty will not be charged, Mosser's investigation did find that Widlarz had violated state statute and the Kane County Sheriff's policy on body worn cameras. Widlarz had turned off the audio of his body camera after turning off the audio on his squad car's dash camera, Mosser said. He also did not turn his body camera's audio back on when he exited his car after the pursuit was over, she said. Finally, he had placed his body camera on his shoulder, rather than in the center of his chest. 'It is clear that it is not recording the public, but rather the sky,' Mosser said on Friday. Hain said that Widlarz's shorter stature impacted the way he had to affix his body camera, and that it typically points upward slightly. Mosser's office ultimately concluded, however, that there was not enough evidence to charge Widlarz with law enforcement misconduct because there was no evidence that Widlarz had turned off his camera or failed to turn it back on in order to 'obstruct the prosecution, defense or apprehension' of any person, she said on Friday. 'This failure during the entirety of this law enforcement encounter erodes public trust in his performance as a deputy here at the Kane County Sheriff's Office,' Mosser said about Widlarz, later calling the decision to turn off his audio 'inexcusable.' Widlarz declined to provide a statement for the investigation, Mosser said, and Hain said it was at the direction of Widlarz's legal representation. Mosser said they could not release information on whether Widlarz was still part of the department.
Chicago Tribune
31-03-2025
- Politics
- Chicago Tribune
Tuesday is Election Day across the Fox Valley
Fox Valley residents will head to the polls Tuesday to vote in the general election featuring a wide variety of races across the Aurora area. Residents in the area will cast ballots in contests for mayor and village president, in city council and village board races, as well as in school board, library board and park board races, as well as other contests. A few referendum questions are also on the ballot Tuesday in the Fox Valley. Polls will be open from 6 a.m. to 7 p.m. on Tuesday. Kane County State's Attorney Jamie Mosser has announced that her office will facilitate an election complaint line for Kane County residents voting in the April 1 election. Available from 6 a.m. to 7 p.m. on Election Day, the hotline will allow individuals to report suspected illegal activity in the county by calling 630-208-5328, according to a press release from Mosser's office. The complaint line will be staffed by Kane County assistant state's attorneys who are prepared to ensure compliance with state election laws, officials said. Suspected illegal Election Day activity may include electioneering, illegal campaign signs or denial of voting rights, according to the release. The complaint line is not for election information such as polling places and times, which can be obtained by calling the Kane County Clerk's Election Helpline at 630-232-5990, officials said. For more information on voting in Kane County, go to In Kendall County, officials said that complaints about potential violations of Illinois election laws, including denial of voting rights, should be made to the Kendall County State's Attorney's Office at 630-553-4157 or to the Illinois Attorney General at 312-814-3000. The Kendall County State's Attorney's Office's number will be staffed from 6 a.m. to 7 p.m. on Election Day only. Additionally, the Kendall County Courthouse in Yorkville will be open on Election Day for election issues only from 6 a.m. to 7 p.m. Both the courthouse and the Kendall County State's Attorney's Office will be open for all other court business during their normal business hours of 8 a.m. to 4:30 p.m. on Election Day. Voters with election questions, such as voting times, voter registration issues or polling place locations should consult the Kendall County Clerk and Recorder's website at or call the main office number at 630-553-4105, officials said. For information on voting in DuPage County, go to
Chicago Tribune
24-03-2025
- Politics
- Chicago Tribune
Election Day complaint line planned in Kane County
Kane County State's Attorney Jamie Mosser announced Monday that her office will facilitate an election complaint line for Kane County residents voting in the April 1, 2025, consolidated election. Available from 6 a.m. to 7 p.m. on Election Day, the hotline will allow individuals to report suspected illegal activity by calling 630-208-5328, according to a press release from Mosser's office. The complaint line will be staffed by Kane County assistant state's attorneys who are prepared to ensure compliance with state election laws, officials said. Suspected illegal election day activity may include electioneering, illegal campaign signs or denial of voting rights, according to the release. The complaint line is not for election information such as polling places and times, which can be obtained by calling the Kane County Clerk's Election Helpline at 630-232-5990, officials said. Early voters with concerns about illegal election activity before April 1 should also contact the clerk's office, according to the release. 'Free and fair elections are essential to our democracy, and every voter in Kane County has the right to cast their ballot with confidence in the integrity of our electoral system,' Mosser said in the release. 'It is the responsibility and privilege of my office and our law enforcement partners to ensure that citizens can exercise their right to vote free of unlawful intimidation or impediment. 'I encourage anyone who finds their voting protections subject to undue interference, or who witnesses suspected illegal election activity, to please contact' the Election Day complaint line, she said.
CBS News
18-03-2025
- CBS News
Body camera video shows officers shooting chainsaw-wielding man in nursing home in St. Charles, Illinois
Police officers who shot and killed a man who was wielding a chainsaw inside a seniors' assisted living center in St. Charles, Illinois, in December will not face any criminal charges, Kane County prosecutors announced on Tuesday. Daniel H. Escalera, of Stockwell, Indiana, was shot and killed by police at the River Glen of St. Charles assisted living facility on Dec. 1, 2024. Kane County State's Attorney Jamie Mosser's office reviewed an Illinois State Police investigation of the shooting, and announced Tuesday that the shooting was justified, and none of the officers involved will face any criminal charges. Body camera footage released by Mosser's office shows St. Charles police officers confronting Escalera inside the lobby and cafeteria of the building. The first officer who arrived on the scene pointed a Taser at Escalera as he is trying to start the chainsaw, and repeatedly telling him to drop it. Escalera apparently was trying to find his wife, and could be heard saying, "Where is she?" "I just want my wife, man," Escalera said while repeatedly pulling on the chainsaw's cord. After successfully starting up the chainsaw, an officer fired a Taser into his chest, knocking him to the ground in the facility's cafeteria, just feet away from two people sitting at a table. Escalera then quickly got back on his feet and lunged toward the officer, who backed up into the lobby. As more officers arrived inside the facility, Escalera moved into the lobby and raised the chainsaw over his head before charging at one of the officers. That officer fired two shots, which missed Escalera, who then collided with the officer, struck him with the chainsaw and dropped the chainsaw, police said. Mosser's office said that officer then shot Escalera in the arm after he dropped the chainsaw. Escalera continued running into a nearby hallway, and one of the officers shot him in the chest while he was standing just inches away from a person in a wheelchair. On the video, Escalera falls to the ground after being shot and officers can then be seen handcuffing him and providing first aid while calling for paramedics. Mosser's office said Escalera was taken to Northwestern Medicine Delnor Hospital, where he was pronounced dead. An autopsy determined Escalera died of multiple gunshot wounds. He also was diagnosed with methamphetamine intoxication. Mosser's office said toxicology reports showed he had amphetamines, methamphetamines, and olanzapine in his system. Olanzapine is a medication used to treat schizophrenia. Mosser's office said, based on the video and other evidence, prosecutors "found no wrongdoing on the part of the officers" and closed the investigation without any charges against the officers. "I first want to thank the St. Charles police officers for acting to de-escalate the situations before being forced to resort to the deadly use of force," Mosser said in a statement. "After a comprehensive and thorough review of the investigation into this tragic incident, it is clear that the officers here acted in accordance with both department policy and Illinois law. The evidence demonstrates that his actions were appropriate and justified in the circumstances." Police have said Escalera had no ties to the area or the senior living center and had no previous encounters with St. Charles police. His reason for being in St. Charles is unknown.
