Controversy rages in Kane County following the promotion of a sheriff's deputy who, during a car chase and fatal shooting incident nearly two years ago, had muted the audio on his body and squad cameras. The deputy, whose actions during the event were recently criticized by the area's top prosecutor, was elevated from sergeant to lieutenant by Sheriff Ron Hain. This promotion came even though State's Attorney Jamie Mosser had recommended discipline due to the muted audio complicating the investigation into the May 24, 2023, shooting of suspect James Moriarty, as reported by the Chicago Sun-Times.
While Hain did not elaborate on whether the officer faced any disciplinary action after Mosser's recommendation, he justified the promotion by saying, "He’s earned it and is a hero ... he’s proven himself to be a great leader in that incident and many others throughout his career." The sheriff also opposed Mosser's assertions that the muted audio was a policy violation, calling her remarks "uninformed commentary" and "unfounded pontification." Meanwhile, the family of Moriarty has filed a federal lawsuit against the sheriff's office, claiming wrongful death after the incident wherein Moriarty was shot 13 times by the just-promoted officer, in addition to four times by others, as detailed by a CBS Chicago report.
The lawsuit suggests that an alternative outcome may have been possible. If not for Hain's interference with a prior arrest attempt by Aurora police, possibly resulting in Moriarty's peaceful capture. This interference led to a scenario where Moriarty, in a state of distress and wielding what turned out to be an airsoft gun, was shot after a high-speed pursuit that ended in a crash near the Geneva-Batavia border. Hain defends his actions stating, "we're not intimidated by any attempts to capitalize on someone's death after they went on a crime spree, threatened innocent civilians, and brandished a gun at sheriff's deputies and refused commands to comply," as he told CBS Chicago.
The case brings to light the delicate balance between enforcing the law and preserving human life, especially when the suspect is thought to present a lethal threat. State’s Attorney Jamie Mosser, in her assessment of the situation, had expressed concerns over certain aspects of the shooting. Despite concluding the shooting was justified because officers believed Moriarty had an actual weapon, and according to a Chicago Sun-Times review, she emphasized the difficulty of her investigation due to the officer's decision to mute his audio recordings.
In response to the sheriff’s previous criticism of the Aurora Police Department, Aurora Mayor Richard Irvin condemned Hain's actions, blaming him for the outcome that led to Moriarty’s death. Hain continues to assert that his deputies acted appropriately under the circumstances presented to them. Given the complex and emotionally charged nature of the incident, the recently filed lawsuit and resulting public discourse have only added to the strenuous debate on police conduct and the accountability mechanisms in place for officers who make split-second, life-altering decisions.
