Marco Simonetti Charges

STATE OF ILLINOIS) ) ss COUNTY OF COOK ) IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CRIMINAL DIVISION ‘THE PEOPLE OF THE STATE OF ILLINOIS) ) Plaintift ) )-22MC1-11432901 vse } FILe MARCO SIMONETTI ) oe; Defendant J Tey 2022 {RIS yy, er Or HA ee PEOPLE’S FACTUAL PROFFER, SUPPORT OF SETTING BOND NOW COME the People of the State of Illinois, Plaintiff herein, through their attomey KIMBERLY M. FOXX, State’s Attomey of Cook County, by her Assistants Lynn McCarthy and Alyssa Janicki, and pursuant to section 5/110-5 of the Illinois Code of Criminal Procedure present their factual proffer in support of sctting bond. I. INTRODUCTION Section 5/110-5 of Chapter 725 of the Iinois Compiled Statutes sets forth criteria relevant to determining the amount of bail and conditions of release. 725 ILCS 5/110-5. The information ‘used by the Court in its findings with regard to setting the amount of bail may be presented by way of written proffer based upon reliable information offered by the State. 725 ILCS $/110-5, Section 5/110-2 and Section 5/110-5 of the Illinois Code of Criminal Procedure set forth eriteria relevant to determining the amount of bail and conditions of release. The Court may consider the nature of the offense and whether the defendants will appear as required and whether the defendants will pose a danger to the community,U. DEFENDANTS Marco Simonetti (Defendant) is 58 years old and is employed as a Field Training Officer with the Chicago Police Department where he has worked since 1994. On October 26, 2022 he ‘was relieved of his police powers as a result of this incident, Defendant has no publishable criminal background, Il. CHARGES Defendant is charged by complaint for preliminary examination with the felony offenses of Aggravated Battery causing Great Bodily Harm 720 ILCS 5/12-3.05(a)(1)(Class 3) and Official Misconduct 720 ILCS 5/33-3(a)(2)(Class 3). These felony offenses are punishable by probation ‘or up to 5 years in the Illinois Department of Corrections. IV. FACTS This case was investigated by the Chicago Police Department’s Bureau of Internal Affairs and the Cook County State’s Attomey’s Bureau of Investigations which revealed the following: On August 7, 2021, at approximately 11:04 a.m., Defendant was on duty and in full police uniform when he responded to the area of 3537 N. Normandy Avenue in Chicago, Illinois for a report of a suspicious person pulling on gates. While in the area of the call, an individual approached Defendant’s vehicle and identified himself as the 911 caller. The 911 caller pointed to an adult male (“Victim”) who was seated on the porch of 3541 N. Normandy and identified Victim as the subject of the 911 call. Defendant stopped his vehicle outside 3541 N. Normandy, and as he exited his vehicle, Defendant was approached by Victim. Victim stated he had done nothing wrong. Defendant asked Vietim about a jacket Victim had left on the porch of 3541 N. Normandy Avenue, and Victim stated he lived there and took his jacket off because it was hot outside, Defendant asked for identification or a key to show he lived at 3541 N. Normandy Avenue, but Vietim denied having akey on him. Defendant then told Victim he would “lock {him] up” for lying to Defendant. Victim further insisted he lived at the house and told Defendant, “You can’t go into my house.” Defendant asked Victim to walk to the house to see who’s home, Defendant then asked Victim to put his hands on the squad vehicle, and Victim did so, removing a plastic bag and a cell phone from his 2pockets. Defendant took the phone and the plastic bag from Victim’s hands and placed both on top of the vehicle. Victim asked Defendant not to grab his phone and continued to deny having done anything wrong. Defendant grabbed victim by the wrist, and Vietim asked, “Why are you arresting me?” Defendant denied he was arresting Victim. Vietim began to run in the direction of his house. Defendant ran after Victim while shouting, “I’m going to tase you” and, “Get down on the ground!” Defendant drew his taser and pointed it at victim. Vietim stopped in front of 3537 N. Normandy Avenue, the house next to 3541 N. Normandy. Victim put his hands up in front of him. as he backed onto the paved walkway. Defendant continued to shout at Vietim to get on the ground and warned that he would tase Victim. Victim stated he had done nothing wrong and began moving into a crouched position in the walkway. Victim continued to go between a standing and crouched position while Defendant yelled, “I'm going to tase you, last waming,” Victim mumbled a verbal response as he was bending toward the ground and asked Defendant to put the taser down and not to tase him. Victim was crouching with his hands reaching down touching the ground in front of him when Defendant discharged his taser at Victim. One of the taser prongs struck Victim in the left arm while the other struck him in the forehead. Victim fell forward, landing face first on the walkway. Victim sustained injuries to his head and face. Victim’s face was bleeding, and he began to convulse on the ground, losing consciousness for a period of time, EMS responded, and Victim ‘was transported to the hospital where he was treated for trauma to the head and face, including a nasal fracture and a laceration requiring stitches. The incident was captured on Defendant’s Body Wom Camera, On camera, Defendant radioed in the incident stating, “I had to tase him.” Defendant later prepared a Tactical Response Report indicating that he “unintentionally deployed the taser” striking Victim on the top of the head and left arm. Respectfully submitted, KIMBERLY M. FOXX STATE'S BY:

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