IL Accountability Commission refers federal agents for investigation, possible prosecution
CHICAGO -- A state board unanimously voted Thursday to approve a 204-page report detailing its investigations into misconduct by on-duty federal immigration agents amid Operation Midway Blitz.
It is also sending letters to local law enforcement agencies for potential prosecution of the agents. The letters are not determinations of guilt, but requests for further investigation by the relevant agencies.
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"Where that record establishes reasonable cause to believe that misconduct may have occurred, we implore those responsible to ensure that this information is reviewed and that it is handled in an appropriate fashion," said Patricia Brown Holmes, vice chair of the body.
The Illinois Accountability Commission, created by Gov. JB Pritzker through executive order last October, was tasked with forming a public record to document the impact of the federal immigration campaign on Chicago communities, but also to produce recommendations for harm reduction and prevention of future abuses.
To inform its report, the commission conducted 16 investigations for which it interviewed over 60 people, reviewed nearly 100 hours of body camera footage from 250 videos, and reviewed hundreds of hours more of footage from security cameras, personal devices and social media, according to commission officials.
It also held seven private neighborhood listening sessions and five public hearings, featuring testimony from law enforcement experts, community advocates and everyday Chicagoans.
"Documenting this was easy," Commission Chair and former Chief Judge Rubén Castillo said. "The record is overwhelming; the video tapes are overwhelming. They're devastating. They're shameful. They're brutal."
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The commission covered the deadly shooting of Silverio Villegas Gonzalez in Franklin Park.
"The referral is not intended to say, 'you must prosecute.' It is a set of evidence that they should be investigating. There are things the commission didn't have the power to do that police, nevertheless do," Pritzker said.
Prosecution referrals
One of the referrals letters names Border Patrol agents Benito Nuñez, Carlos Chavira and Jesus Guillen, who the commission said used an intentional, high-speed car ramming maneuver in Chicago's East Side neighborhood after being repeatedly instructed to stop by supervisors.
Body camera footage released by the commission shows the agents proceeded to use teargas on a street of onlookers in the Far Southeast Side neighborhood, including more than a dozen Chicago police officers who had explicitly asked agents not to deploy the gas.
Others name Border Patrol agent Charles Exum, who shot Chicago teacher's aide Marimar Martinez five times last October and then bragged about it over text, and Border Patrol agent Timothy Donahue, who made headlines for aggressive conduct in Evanston last Halloween.
In some cases, the commission was unable to identify specific agents involved. For example, a military-style raid on a South Shore apartment building references approximately 300 agents who may have broken agency policy or criminal law.
The commission says that's due to its limited powers, which do not include the authority to issue subpoenas. That's why it says law enforcement agencies should carry forward the cases, including the Cook County state's attorney's office.
"The issuance of this report is not the end, it is the beginning," Castillo said. "We need a reckoning to occur."
Commissioners said they hoped other states would follow Illinois' lead, calling it an example for the nation.
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"I would say to State's Attorney Burke: That if she doesn't want to investigate, step aside. Step aside and let a special prosecutor do what needs to be done," Castillo said. "State's attorneys have subpoena power. We did not have subpoena power on the commission. But the report is very specific by naming some individuals. We don't have the names of everyone. But a lot of them are on video."
The challenge comes as a Cook County judge is weighing whether to approve a request for a special prosecutor.
While law enforcement in Colorado and Minnesota have initiated their own investigations, State's Attorney Eileen O'Neill Burke has maintained that while she takes any reports of harm seriously, she does not have the power to investigate federal officers under state statute.
"We look forward to receipt of the full report and will work with our local, state and county law enforcement to review the material. Under Illinois statute, our Office can bring charges only after receiving a completed investigation from a law enforcement agency," the state's attorney's office said.
Circuit Judge Erica Reddick is expected to render her decision on whether to appoint a special prosecutor on May 11.
The Department of Homeland Security said in a statement, "This is nothing more than a political stunt by Illinois sanctuary politicians. Federal officers acting in the course of their duties can only be investigated by other Federal agencies. The states do not have the authority to run such an investigation.
"Governor Pritzker continues to refuse to do his job to protect his citizens from illegal alien crime and instead chooses to smear our law enforcement. Where is the investigation into his own policies that allowed Sheridan Gorman's killer to be released from jail to go on and commit her heinous murder?"
ABC7 Chicago's Michelle Gallardo contributed to this report.
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of print and broadcast outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.
