After noticing a Black man holding a phone in his hand, Illinois police stopped him at gunpoint after receiving a complaint about a white man brandishing a pistol. The city of Evanston, which is located in Cook County and is a part of the Chicago metropolitan area, is now going to pay Alexander Gary $50,000 as part of a settlement. According to the Evanston Round Table, the settlement was authorized by the city council on Monday night.
Gary “matched the description” of the white male, according to the Evanston police officers, because he was wearing pants and a black coat, but since it was forty-two degrees that day, many men may fit that description as well.
Gary was ordered to lie down on the ground by at least five Illinois police officers who were armed. The lawsuit claims that a third officer leveled an assault rifle at him at “point-blank range” while two other officers arrested him. After the police examined his pockets and found no firearms, he was freed seven minutes later.
Evanston police officers Kubiak, Kane, Popp, Rosenbaum, and Pogorzelski were named as defendants in the lawsuit. They were accused of violating Gray’s Fourth and 14th Amendment rights by searching him without a reasonable suspicion that he had committed a crime and by using excessive force that injured him.
Although the police body cams recorded the encounter, the footage has not been released to the public. Kenneth and Joel Flaxman, Gary’s lawyers, were contacted by Atlanta Black Star to provide the video, but they have not yet replied. Additionally, the Atlanta Black Star submitted a request for public documents to the city of Evanston, which has not yet been granted.
The event happened on March 31, 2021, when a white male carrying a gun was reported to Evanston police via 911 at South Boulevard Beach on Lake Michigan. Gray had already concluded his call and put his phone in his pocket when the cops came, so they drew their firearms when they saw him standing close to the beach.
According to the accusation, Officer Kubiak was the first to arrive, took out his gun, and pointed it at Gary while shouting orders that didn’t make sense. “Put your hands up. Get on the ground,” Kubiak yelled. “What do you have in your hands?”
Gary’s hands, however, were empty. According to the claim, Kubiak nevertheless proceeded to approach him while brandishing his rifle and told Gray to get down, which he did.
Plaintiff was then in fear of his life.
Kubiak continued to point his firearm at plaintiff as plaintiff complied with Kubiak’s orders to get on the ground.
Kubiak then stated, “Do what we tell you to do and you won’t get hurt” and ordered plaintiff to spread his hands “like Superman.”
Gray was lying facedown on the ground when the other four officers showed up and unholstered their weapons, aiming them at him. As per the claim, Rosenbaum aimed an assault rifle at him at “point-blank range” as two unidentified police officers searched him.
According to the Illinois lawsuit, “Defendant Rosenbaum deprived plaintiff of rights guaranteed by the Fourth Amendment by pointing his assault rifle at plaintiff without any legal justification.”
