Cop justified in shooting armed bar patron, but partner crossed the line with critique of doorman’s search practices, COPA says

A Chicago police officer followed department guidelines when he shot a man in the head after the man fired a gun during an altercation inside a Brighton Park bar, as determined by the Civilian Office of Police Accountability report. However, the agency suggested disciplinary measures for the officer’s partner, who criticized the bar’s security staff shortly after the incident by stating, “Whoever f****** searched him is a retard.”

Fernando Guzman, 38, survived the shooting and was later cleared of attempted murder and shooting at a peace officer after a jury trial overseen by Judge Ursula Walowski in November. The jury did find him guilty of two counts of aggravated unlawful use of a weapon, resulting in a three-year sentence.

The incident occurred around 12:19 a.m. on October 12, 2024, when Chicago police responded to a call about a person with a gun inside El Zapotlan Bar, located at 3925 South Kedzie Avenue, according to COPA’s investigation. Upon arrival, officers observed Guzman standing at the bar in a neon work vest and a baseball cap turned to the right, fitting the description given by dispatchers, the report stated.

When an officer inquired if Guzman had brandished a gun at someone, Guzman replied with words approximating, “No, I ain’t going to jail, bro.”

An officer instructed Guzman to keep his hands raised, but instead, Guzman moved his right hand toward his waistband, according to COPA. As officers attempted to restrain him, another officer shouted, “He’s got a gun,” and the situation quickly escalated into a struggle as CPD officers tried to disarm him.

An officer wrestling with Guzman later informed investigators that the gun was aimed toward his head during the struggle, which took place in a narrow space between the bar and a wall. Officers repeatedly commanded Guzman to release the weapon, with one warning that he would be shot if he did not comply. COPA reported that Guzman responded, “Go ahead, do it.”

During the struggle, Guzman’s gun discharged near an officer’s head. COPA noted that both of Guzman’s hands tested positive for gunshot residue later. Immediately after Guzman’s firearm discharged, one officer fired a single shot, hitting Guzman in the head. Guzman fell to the floor, and his gun slid away.

The Bureau of Internal Affairs conducted drug and alcohol tests on the officer who fired the shot, both of which came back negative, according to COPA. After reviewing body camera footage, witness statements, forensic evidence, and other investigative materials, COPA determined the shooting adhered to Chicago Police Department policy.

The agency concluded that the officer reasonably believed Guzman’s firearm was operational since it had been fired and that Guzman was prepared to use it against police. Investigators also found that the officer attempted to de-escalate the confrontation by communicating with Guzman and warning him that he would be shot if he did not release the weapon. The agency also noted the officer fired only once and ceased using deadly force once Guzman no longer posed a threat.

COPA reached a different conclusion regarding the officer who had been grappling with Guzman. The agency stated that immediately after the shooting, the officer commented in front of other officers, bar patrons, and security personnel that the bar’s security team needed to improve their customer searches.

A security team member responded that he typically searched patrons but had not been working the door that night. The officer, who mentioned he had previously worked nightclub security before joining the police, said, “Whoever f****** searched him is a retard.”

COPA acknowledged the officer had just undergone a stressful and traumatic experience in which two firearms discharged near his head. Nonetheless, investigators concluded he had a responsibility to maintain professionalism and avoid using derogatory language.

The agency determined the remark discredited the CPD and recommended the officer receive a reprimand and retraining on professionalism.

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