An off-duty Kane County sheriff’s deputy who fatally shot an armed South Elgin man during an alleged Elgin robbery this summer was justified in his actions, according to a results of a Kane County Major Crimes Task Force investigation.
State’s Attorney Jamie Mosser announced the findings Friday in a news release in which the grand jury indictments of two of 18-year-old Tyquaze Nicolas’ alleged robbery accomplices were also made public.
According to the investigation, the deputy was driving northbound on Route 31 near National Drive about 4:35 p.m. July 8 when he saw a fight involving several people as it passed in front of his vehicle, the release said.
Investigators, who conducted the probe at the request of the state’s attorney, determined the fight involved Nicolas and three other people attacking two victims, and that Nicolas was armed with a Smith & Wesson M&P 15-22, the report said. The deputy, whose name has not been released, stopped and announced he was a law enforcement officer but Nicolas “continued in the escalation of the threat while armed with a dangerous weapon.”
Because he feared Nicolas was going to shoot one of the victims, the deputy fired his gun and then began to try to administer medical aid to Nicolas, who had multiple wounds, the release said. While he was doing that, one of the suspects — identified as Mojahnay Steverson, age 22, of South Elgin — “attempted to interfere with Nicolas’s body and the crime scene,” the release said.
Elgin Police Department and paramedics took over efforts to save Nicolas’ life after they arrived but he died of his injuries.
“After a comprehensive review of the investigation into this tragic event, it is evident that the sheriff’s deputy acted in accordance with Illinois law,” Mosser said in a statement. “The evidence clearly demonstrates that his actions were both appropriate and justified under the circumstances.”
Steverson has been indicted on multiple felony charges, including armed violence, aggravated battery, aggravated unlawful use of a weapon, mob action-use of force or violence disturbing the peace and obstructing justice.
A second defendant, Akevia S. Gilmore, 23, of Elgin, was indicted on charges of armed violence, aggravated battery, aggravated unlawful use of a weapon and mob action-use of force or violence disturbing the peace.
Both men were in court Friday but a state’s attorney’s office’s request that they be retained in jail while their cases are pending was denied by a judge, according to the release. Their next court hearing is scheduled for March 12.
Prosecutors are planning to file charges against a third suspect, who is a juvenile, the release said.
“Every case involving an officer-involved death must be examined with the utmost scrutiny to ensure public trust in law enforcement and to protect the civil rights of all parties involved,” Mosser said in her statement.
“The charges brought against these defendants reflect the seriousness of their alleged roles in escalating the violence. While the deputy acted to protect others from harm, the events leading to this outcome serve as a sobering reminder of the need for accountability and the far-reaching impact of violence in our communities,” she said.
