Colin Boyle/Block Club ChicagoPetitioners had argued that Cook County State’s Attorney Eileen O’Neill Burke turned a “blind eye” by not investigating federal immigration agents’ alleged crimes. “We don’t rest with this outcome,” one petitioner said.
This story was originally published in Block Club Chicago, a nonprofit newsroom focused on Chicago’s neighborhoods. Sign up for its free daily newsletter.
LITTLE VILLAGE — A Cook County judge has denied a petition to appoint a special prosecutor to investigate alleged crimes committed by federal agents throughout Operation Midway Blitz.
During a Thursday morning hearing, Cook County Judge Erica Reddick ruled that a group of petitioners seeking a special prosecutor did not present enough evidence to prove that a conflict of interest stopped Cook County State’s Attorney Eileen O’Neill Burke from investigating alleged crimes committed by federal agents.
The petition for a special prosecutor was submitted by Chicago law firm Loevy & Loevy in March. Signed by a coalition of more than 400 elected officials, faith leaders, community organizations and other residents, the petition laid out a wide range of alleged crimes committed by federal immigration agents in and around Chicago. The incidents cited include the fatal shooting of Silverio Villegas González in Franklin Park in September, the non-fatal shooting of Marimar Martinez in Brighton Park in October and multiple cases of agents tear-gassing and deploying pepper balls at protesters.
News that puts power under the spotlight and communities at the center.
Sign up for our free newsletter and get updates twice a week.
Petitioners argued that by not investigating any of these alleged crimes, O’Neill Burke turned “a blind eye to egregious acts of violence that federal agents have inflicted on them in her jurisdiction.”
O’Neill Burke has countered by repeatedly saying her office cannot conduct independent investigations into criminal conduct. In doing so, she cited a 2017 Illinois Supreme Court decision that determined a local state’s attorney’s ability to investigate potential crimes is “limited to circumstances where other law enforcement agencies inadequately deal with such investigation or where a law enforcement agency asks the State’s Attorney for assistance.”
“Judge Reddick came to a very thoughtful and thorough ruling today to clearly establish that the State’s Attorney’s Office is the office to prosecute cases and that there was no basis in law or in fact to appoint a special prosecutor,” O’Neill Burke said after the hearing Thursday.
A Freedom of Information Act submitted by Loevy & Loevy found that the Chicago Police Department did not have any files on investigations related to misconduct committed by federal immigration agents.
Because the department had no documented investigations, the petitioners had no “evidence that local law enforcement has not adequately investigated federal law enforcement,” Reddick said Thursday.
The judge also said that “law enforcement bears the responsibility for the initial investigation.”
“This was a hard day for Chicagoans. The road to accountability just got longer, but it still exists,” Rubén Castillo, one of the petitioners, said after the hearing.
Castillo said he knows of many instances where residents tried to report crimes committed by ICE and Border Patrol agents to Chicago police, but were told local police did not have authority to investigate federal agents.
Castillo — who chaired the Illinois Accountability Commission, a state panel formed by Gov. JB Pritzker to investigate federal immigration agents’ conduct during Operation Midway Blitz — said the next step will be getting the people who initially tried to file complaints to go back to the police station and try again.
Cook County Commissioner Jessica Vasquez said she and other petitioners will accompany people when they go to the police stations.
“These victims are not going to go away,” Castillo said.
Read More of Our Coverage
Special prosecutors are traditionally appointed when there is a conflict of interest with the state’s attorney’s office. Dan Webb, former U.S. Attorney for the Northern District of Illinois, was called in to the Jussie Smollett case after former Cook County State’s Attorney Kim Foxx recused herself based on her “familiarity with potential witnesses in the case.”
Loevy & Loevy argued O’Neill Burke’s stated desire to maintain a good relationship with federal partners is evidence of a conflict of interest.
Court documents filed by Loevy & Loevy on April 17 included an August email that asked O’Neill Burke’s office to sign a statement released by Cook County Board President Toni Preckwinkle, condemning President Donald Trump’s comments about crime in Chicago. The email was sent by a member of the Cook County Justice Advisory Council on Aug. 11, the same day Trump threatened to send the National Guard to Chicago.
Matt McGrath, who was a spokesperson for the Cook County State’s Attorney’s Office at the time, declined to sign the letter on behalf of O’Neill Burke on Aug. 12.
“We obviously share concerns about Trump’s actions, rhetoric, and bluster. At the same time the State’s Attorney’s top priority remains combating illegal guns, and to continue doing that effectively we need to maintain our excellent working relationships with the local ATF and other federal partners. So we will not be able to sign on,” McGrath wrote.
On Thursday, Reddick ruled “the allegation of a relationship with law enforcement alone is not enough to establish a conflict of interest.”
Attorney Locke Bowman called Thursday’s ruling “a delay” and said his team will continue to demand accountability from the Chicago Police Department and from the Cook County State’s Attorney’s Office.
“We don’t rest with this outcome,” Bowman said. “It is not acceptable that crimes happen all over the city of Chicago, and we collectively shrug our shoulders and walk away. We care about our neighbors in Chicago, just as folks do up in Minneapolis, and we will achieve accountability.”
Prosecutors in Minnesota have brought charges against two federal immigration agents so far. One officer was charged with four counts of assault and one count of falsely reporting a crime after he shot a Venezuelan man during an attempted immigration arrest. The second officer was charged with two counts of second-degree assault with a dangerous weapon after he pointed a gun at a car on the highway.
Minnesota officials are also investigating several other alleged crimes committed by federal immigration agents, including the fatal shootings of Renee Good and Alex Pretti. At the end of March, the state sued the Trump Administration for withholding evidence in both cases.
Earlier this month, Illinois State Police launched an investigation into the shooting of Villegas González, nearly eight months after the father of two was killed. The investigation was announced shortly after the Illinois Accountability Commission called on local law enforcement agencies to investigate shootings and other acts of violence that occurred at the hands of federal immigration agents.
O’Neill Burke has said her office “will play a supportive role” in the Illinois State Police’s investigation.
After the hearing, O’Neill Burke said her office will review any case law enforcement brings them.
“But we will not make charging decisions based on who is shouting the loudest,” she said. “The only thing that will ever determine charging decisions in this office while I am here is the law and the facts.”
