The family of a 17-year-old boy fatally shot by a Zion police officer last year has filed a federal lawsuit against the city and the officer.
Authorities had said that on April 4, 2015, Justus Howell met with Tramond Peet to buy an already stolen gun. Police responded when a the gun discharged and fired a shot into the ground. Authorities said Howell ran with the loaded gun and officer Eric Hill fatally shot the teen when he refused to stop.
The lawsuit claims Howell, of Waukegan, “did not have a weapon” and did not point anything at the officer before he was shot.
The suit, filed Friday in U.S. District Court by Libertyville attorney Kevin Golden on behalf of Alice Howell, the teen’s maternal grandmother, seeks unspecified damages for pain and suffering, the loss of companionship and costs including for the funeral and burial.
The suit claims Howell was shot twice in the back “while posing no immediate threat.” It says the shooting resulted not only from Hill’s actions, but also policies and training in place at the Zion Police Department.
The Lake County State’s Attorney’s Office determined the shooting was justified and no charges would be brought against Hill.
State’s Attorney Michael Nerheim, who is not named in the suit, noted the results of the Lake County Major Crimes Task Force’s investigation have been posted online for nearly a year.
Nerheim said a video of the shooting is not close enough to show a gun in Howell’s hand, but witnesses reported seeing a gun. Those witnesses included police, people in the area and Peet, who pleaded guilty to weapons charges connected to the gun he attempted to sell Howell.
Nerheim said Peet told police Howell ran off with the gun in his hand and he heard officers yelling for Howell to stop.
The state’s attorney said the gun was found near Howell’s body, and testing showed Howell’s DNA was present on the gun’s handle, trigger and magazine. Further state police testing also found gunshot residue on Howell’s hand, Nerheim said.
Zion Police Chief Stephen Dumyahn could not be reached for comment Tuesday. Dumyahn declined to discuss the case following a Monday protest outside the Zion Police Department.
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