Democratic state senator has questions for Joliet police after in-custody death

A Democratic state senator said Thursday that an in-custody death last year in Joliet has left her with “more questions than answers,” and she plans to meet with police officials about the incident.

State Sen. Rachel Ventura, D-Joliet, released a statement about the video of Joliet police officers’ responding to a 911 call Dec. 25 from David Malito, 39, who claimed someone armed with a gun was trying to kill him.

“Mr. Malito was clearly having a reaction to a substance during the time of arrest. But by the end, we see a man facedown on the ground, struggling to breathe while an officer kneels on his back and neck area, and I’m left with more questions than answers,” Ventura said.

Paramedics were dispatched to the gas station where the incident occurred at 4:36 a.m. Dec. 25, according to a paramedic report.

By then, officers gave Malito an anti-overdose medication called Narcan. Paramedics gave Malito more Narcan and provided CPR and other treatment.

Malito arrived at Saint Joseph Medical Center in Joliet at 4:53 a.m., according to a Will County Coroner’s Office report.

Malito was declared dead at 5:14 a.m. at the hospital.

Malito died from cocaine intoxication, according to a report from a forensic pathologist. The report noted that Malito had an enlarged heart and brain swelling.

An autopsy of Malito found no “hemorrhages in the strap muscles of the neck,” according to the pathologist’s report.

Malito had abrasions on his right elbow, left wrist and knees.

The three officers who responded to Malito’s 911 call tried to gain control of him, as he was acting erratic and screaming, “Please don’t kill me!” according to video of the incident.

As Malito kept screaming for help and moving around, the officers tried to place him in handcuffs, according to the video.

During the struggle, Malito fell to the ground with one of the officers, who then placed his knee on Malito’s upper back area as he was being handcuffed.

When the officer noticed that Malito was “turning purple,” Malito was turned over, and the officers provided him Narcan. Malito’s handcuffs were removed when paramedics arrived.

Prosecutors reviewed the investigation of the incident by the Will-Grundy Major Crimes Task Force and determined that none of the officers would face any charges because Malito died from cocaine intoxication, said Kevin McQuaid, the task force director.

The Malito incident underwent an administrative review by a panel at the Joliet Police Department.

The members of the panel were appointed by Joliet Police Chief Bill Evans to “determine the appropriateness of department policy, rules, training and equipment,” Joliet Police Sgt. Dwayne English said.

“Preliminary findings found the officers operated within current policy and training,” English said.

The administrative review was in addition to the task force investigation, English said.

In Ventura’s statement Thursday, she said there “have got to be better ways to handle these situations.”

“As the local senator, I’m committed to helping find resources and identify additional or alternative training in hope of never seeing one of these videos again, and to restore the public’s trust in our police department,” Ventura said.

Ventura said she plans to meet with the police department next week about the incident.

The police department is “not considering any changes in response to overdose incidents,” English said.

“It is important to point out that officers were initially dispatched to what was believed to be a gun complaint, and it is only after observations by officers did they identify that Mr. Malito appeared to be under the influence of an unknown substance due to his erratic behavior and statements,” English said.

Officers had no way of knowing what substance was affecting Malito, and they administered Narcan to reverse the effects of an apparent overdose, English said.