CHICAGO (WLS) -- As Capt. Edward Kulbida prepares to leave the hospital tomorrow, police continue to investigate what happened in Englewood on Tuesday night. Officials have said there were two offenders in that apartment - one arrested, the other killed - but tonight the woman who lives there says otherwise.
In the apartment at the center of the 6-hour shootout, bullet holes riddle the walls and ceiling. They are shots fired after U.S. Marshals, assisted by Chicago police, tried to arrest Daniel Brown who was wanted for a series of weekend shootings in Indianapolis.
"I knew he was in trouble," says Annette Gasaway, Brown's sister. "That's why I didn't want him in my house."
Gasaway says her fugitive brother arrived at her Englewood apartment Monday. She let him stay one night, but wanted him out after dinner Tuesday evening, around the time authorities arrived.
"They came through the back," she says. "They threw something through the window first and came through the back door."
As the warrant was being served, police say shots were fired from the apartment down to the street, hitting Kulbida in the head and shoulder.
Chicago Police Superintendent Garry McCarty called the placement of the shots, "Incredibly fortunate, because the bullet that struck here (points to head) could have been a kill shot, as was the bullet that struck here (points to shoulder) could have been a kill shot also."
Brown was apprehended after a six hour long standoff. But 42-year-old Dan Jackson, the live-in boyfriend of Gasaway, was killed; shot, she says, in a front bedroom during the initial exchange of bullets with authorities.
Police say it's unclear whether Brown or Jackson fired the shots that hit Kulbida, but relatives say Jackson, who worked as a landscaper, didn't own a gun or even know Brown before this week.
"What doesn't make sense is the guy that did all the damage is still sitting locked up," said Jackson's brother Joshua, as he tried to hold back tears. "But the innocent guy is dead."
Superintendent McCarthy says his investigators have not yet been able to take the statement of the U.S. Marshals that executed the warrant, but that could happen Thursday. Charges in the case are pending.