Kendall County deputy, Plano officer justified in fatal shooting: state’s attorney rules

DuPage County State’s Attorney Robert Berlin determined that the Kendall County Sheriff’s Office and the Plano Police Department acted appropriately in the shooting of a suspect in a Plano homicide in September.

Nicholas Novak, 36, of Aurora, was shot and killed on Sept. 27 by law enforcement following a pursuit that ended near the intersection of Route 34 and Eola Road in Aurora. He was the suspect in the murder of his father, Russell Novak, 70, at his house in Plano earlier that afternoon.

“Considering the totality of the circumstances, Plano Officer David Svehla and Kendall County Sheriff’s Deputy Tyler Giannotti’s actions were objectively reasonable given the facts,” Berlin said in a news release. “The fact that Novak had made suicidal statements to a family member, coupled with the search history on his phone, supports the theory that Novak was intent on committing ‘suicide by cop.‘’’

In addition, Berlin said an autopsy performed after the shooting revealed Novak’s blood alcohol level was 0.153, suggesting that alcohol may have played a factor in his decision-making process that day.

“Therefore, it is the conclusion of my office that Officer Svehla and Deputy Giannotti acted lawfully and were justified in using deadly force when they fired their service weapons and shot Nicholas Novak,” Berlin said.

Video that had been released by the Kendall County Sheriff’s Office and the Plano Police Department shows Novak emerging from the Ford Bronco with a shotgun before the two officers discharged their firearms, striking Novak.

The pursuit of Novak’s vehicle began after law enforcement identified the vehicle they believed associated with a shooting at a house in the 3800 block of Pratt Court in Plano.

A 70-year-old man identified as Russell Novak had been found with multiple gunshot wounds at the home.

Officers attempted to pull over the vehicle but the driver – later identified as Russell Novak’s son, Nicholas Novak – did not do so. A pursuit ensued involving multiple law enforcement agencies.

Nicholas Novak eventually exited the vehicle and allegedly pointed the firearm at a deputy, at which time the deputy and a Plano officer fired their guns, police have said.

“This is a tragic situation for everyone involved,” Kendall County Undersheriff Bobby Richardson said. “I want to extend my heartfelt condolences to the Novak family as they continue to grieve the devastating loss of their loved ones.

“Incidents like this are complex and unfold rapidly, requiring responding officers to rely heavily on their training. This underscores the vital importance of rigorous and ongoing training and preparation. I am proud of how Deputy Giannotti and Officer Svehla responded under such dangerous and challenging circumstances,” Richardson continued. “A thorough, transparent, and independent review is essential, and I want to thank the Illinois State Police and the DuPage County State’s Attorney’s Office for their careful and diligent investigation of this incident.”