|
OFFICE OF THE STATE'S ATTORNEY
LAKE COUNTY, ILLINOIS
MICHAEL G. NERHEIM
STATE'S ATTORNEY
April 29, 2016
For Immediate Release
Contact: Cynthia Vargas
(847) 377-3188 Work
(847) 309-6065 cell phone
cvargas@lakecountyil.gov
Zion Police-Involved Shooting: January 6, 2016
(Lake County, IL April 29, 2016) On January 6, 2016, a Zion police officer was involved in a shooting in an alley at the 2000 block of Ezekiel Avenue, Zion, Illinois.
After the incident occurred the Zion Police Department requested that the Lake County Major Crimes Task Force take over this investigation. The Task Force deployed a team of investigators to assume the investigation. The Zion Police Department did not take part in any aspect of this case.
The Task Force then undertook the following:
• Interviewed all witnesses to determine what occurred prior to, during, and after the shooting
• Recovered all physical evidence
• Recovered any surveillance video in the area
• Recovered “911” audio evidence
• Recovered any police transmissions
• Recovered any squad audio/video transmissions
• Reviewed entire autopsy report/findings
State’s Attorney Nerheim has reviewed all of this information and the applicable laws regarding a police officer’s use of deadly force. This press release will outline the evidence in this case so that our Lake County Community is fully apprised of what, in fact, occurred on that date.
911 Call
Early in the morning of January 6, 2016, the Zion Police Department received a “911” emergency phone call. The caller indicated that he was observing a white/male individual (later identified as Charles Hollstein) acting in a very suspicious manner. The white/male individual was taking photographs of the local elementary schools on Bethesda Drive in Zion. This individual was wearing beige pants and black sweater. He was wearing an earphone and sunglasses.
Officer Nathan Hucker’s Statement
Officer Hucker began his shift on January 6, 2016, at 7:00 a.m. Officer Hucker was dressed in uniform and was driving a marked Zion police squad. He received a dispatch regarding a suspicious person taking photographs of some area grade schools. Officer Hucker observed a man, matching the description given by dispatch, walking northbound on Ezekiel Avenue (identified as Charles Hollstein).
Officer Hucker pulled up and asked Hollstein to come over to the squad to talk. Hollstein just continued to walk. Officer Hucker then positioned his squad behind Hollstein and sounded his air horn. Hollstein then stopped. Officer Hucker got out of his squad and approached Hollstein.
Holstein was wearing a black hoodie that appeared as if something was underneath it, including what could be a bulletproof vest. Hollstein also wore a black earphone with a talking piece. When asked what he was doing in the area, Hollstein said he was taking school photographs for a Waukegan news-paper. Hollstein appeared “skittish” and deceptive. At this point, Officer Vines drove to the area and joined Officer Hucker and Hollstein.
Hollstein was asked multiple times to present his identification. He refused to do so. Finally, after another refused attempt to see his I.D., Hollstein was told to place his hands behind his back.
As Hollstein placed his right hand behind his back, he stepped back and began to run away. Officer Hucker fired his taser at Hollstein’s back. It had no effect. Officers Hucker and Vines pursued Hollstein. They observed Hollstein fall to the ground. As Hollstein started to get up, Officer Hucker got behind Hollstein and placed his right arm around Hollstein’s chest and shoulder. Officer Hucker felt Hollstein’s teeth biting down on Hucker’s forearm. As Officer Hucker re-positioned his arm, he heard that Officer Vines had deployed his taser on the upper leg of Hollstein. Officer Hucker and Hollstein fell to the ground. Hollstein was now behind Officer Hucker. Hollstein’s arm was across Officer Hucker’s ear pushing his head backwards. Officer Hucker told Officer Vines to deploy his pepper spray. Officer Vines did so. The spray had no effect on Hollstein.
At this point, Officer Hucker felt a tugging at his firearm. Officer Hucker could feel his gun moving in his holster and he could feel Hollstein’s forearm bumping the underside of Officer Hucker’s right arm. Officer Hucker knew that Hollstein was trying to remove Hucker’s gun from its holster. Officer Hucker called out “He’s going for my gun!” approximately three times. At this point, Officer Hucker heard three shots in rapid succession.
Officer Hucker then removed Hollstein’s arm from his face and noticed that Hollstein’s body had gone limp. Officer Hucker got up and called on his police radio that shots were fired. Officer Hucker then saw that Hollstein was carrying a semi-automatic type handgun in a holster in the center of Hollstein’s lower back. The grip was positioned for a right-hand draw.
Officer Hucker also removed a knife from his pocket and then cut off Hollstein’s hoodie. Underneath was a “plate carrier” vest with collapsible shovels on either side. CPR was then administered to Mr. Hollstein. Additional officers arrived at the scene and aided in resuscitating Mr. Hollstein.
Rescue personnel took over patient care and transported Mr. Hollstein to Vista East Emergency Room. He was declared deceased at the hospital.
Officer Steven Vines Statement
Officer Vines stated that he has been a police officer with the Zion Police Department for 7 ½ years Officer Vines began his shift on January 6, 2016 at 7:00 a.m. He was dressed in his police uniform. He was driving a marked squad car (Unit #27) equipped with exterior emergency lights and siren. Officer Vines received a dispatch regarding a suspicious person taking photographs of a school in the area of 22nd Street and Bethesda Blvd. While en route, Officer Vines heard Officer Hucker advise that he located the subject in the 2000 block of Ezekiel Avenue. Officer Hucker further advised that the subject was not stopping and was ignoring Officer Hucker.
When Officer Vines arrived at location, Officer Hucker was already stopped, out of his car, and speaking with the subject (Charles Hollstein). Officer Hucker was in uniform and had a marked Zion police squad car.
Officer Vines got out of his squad and approached Officer Hucker and Mr. Hollstein, both of whom were in discussion. Officer Vines immediately noticed that Hollstein was wearing some type of body armor under his hoodie. Officer Vines also observed a bulge in Hollstein’s right shoulder area, had an earpiece in his left ear, and may have been communicating with someone else or monitoring a police scanner.
Officer Hucker requested identification from Mr. Hollstein on multiple occasions. Hollstein indicated that he had identification but would not produce it for the officer.
On one final occasion, Hollstein was again asked for identification. He refused. Officer Hucker instructed Hollstein to turn around and place his hands behind his back. Hollstein stepped back, put both hands down, then raised his hands, and then ran away from the officers.
Officer Hucker fired his taser at Hollstein with the prongs hitting him in the back. This had no effect on him. The officers began to pursue Hollstein. As Hollstein was running, he suddenly fell. Hollstein was now seated on the ground facing the officers. As the officers tried to keep Hollstein down on the ground, Hollstein was resisting their efforts. Officer Vines deployed his taser into Hollstein’s leg. It had no effect on Hollstein. As the officers were trying to hold Hollstein down on the ground, Hollstein got up. He was then forced back to the ground. Hollstein stood up again and wrapped his arms around Officer Hucker’s waist. Officer Hucker told Officer Vines to spray Hollstein with his pepper spray. Officer Vines then sprayed Hollstein. It had no effect on Hollstein.
Officer Hucker then screamed “He’s going for my gun! He’s going for my gun!” Officer Hucker and Hollstein then fell to the ground. As Hollstein was behind Officer Hucker, Hollstein grabbed Officer Hucker’s holstered gun. Hollstein was rocking the holsters retention hood forward in order to unholster the gun. Hollstein had Officer Hucker in a head lock with his other arm. Officer Vines was now on the ground and could see Hollstein overpowering Officer Hucker. Officer Vines believed that Hucker’s life and his own life were now in jeopardy. Officer Vines pulled out his weapon and shot Hollstein three times in the upper shoulder. At the moment he fired, Hollstein still had his hand on Officer Hucker’s weapon.
When officers determined Hollstein was no longer a threat, they noted he had a pistol in his waistband. Officers then cut clothing away from his upper body in order to give Hollstein CPR. Officers then noted that Hollstein was wearing body armor under his hoodie.
Mr. Hollstein’s Property/Belongings
Among the deceased’s clothing that he was wearing at the time of this incident included:
• One black holster containing a gold/black painted 4.5 mm airsoft pistol, two compressed canisters, and two magazines loaded with pellets.
• Marine Corps folding knife with belt clip
• A tactical vest
• Two Coleman Trench Shovels (one placed in the front portion of deceased’s vest as a protective shield and one placed in the rear portion of deceased’s vest as a protective shield)
• Six plastic zip ties made into handcuffs
• Metal smoking pipe and lighter
• Two cell phones
• Earbud headphone with attached wire
A search warrant was executed on the Hollstein residence. Located was the following:
• Home-made tactical vests
• Tactical footwear
• Home-made police uniforms
• Weapon magazines
• Pepper Spray Canisters
• Handcuffs
• Throwing stars
• Home-made police gear bags
• XBG Carbine co2 air gun
Audio/Video Evidence
All marked Zion Police squad cars are equipped with audio/video systems and uniformed officers carry wireless microphones on them. The audio/video system in Officer Hucker’s squad car was activated and recording at the time of this incident. While the initial stop was captured on video, Officer Hucker’s conversation with Mr. Hollstein takes place atthe left, front of Officer Hucker’s car and just out of video frame. However, audio of the entire encounter was captured. Officer Hucker can be heard on that audio recording clearly yelling that Mr. Hollstein was going for Officer Hucker’s gun.
Post-Mortem Results
The Post-Mortem examination indicated that there were three gunshot wounds to the left upper shoulder/back area of the deceased. All three wounds coursed from left to right, slightly back to front along a straight path. The projectiles were located in the right chest cavity. These injuries are consistent with the account of the struggle and the positioning of the deceased/officers at the time of the discharge.
Although there was an initial report that the gunshots were not close-proximity wounds, forensic tests indicate the muzzle of Officer Vines’ weapon would have been from 3”-24” in distance from Mr. Hollstein when fired.
Conclusion
Based upon this entire investigation, I conclude that Officer Vines was justified in his decision to use deadly force.
When Mr. Hollstein fled the officers, the officers utilized a number of actions to diffuse this confrontation. The officers, on two separate occasions, deployed tasers to end Mr. Hollstein’s combative stance with officers. When taser deployment proved ineffective, officers then used pepper spray to end this incident. The officers then used physical restraint in an attempt to terminate Mr. Hollstein’s aggression. None of these actions were effective in stopping his assault on the officers.
During the final physical confrontation, it was Mr. Hollstein who attempted to disarm Officer Hucker. Officer Hucker felt Hollstein trying to remove the weapon. Secondly, Officer Vines viewed Hollstein’s attempt and could see that Hollstein was familiar with how to maneuver this type of holster to get access to Officer Hucker’s gun. Officer Vines only fired his weapon when he felt that his life and the life of his fellow officer was in danger.
In accordance with the new policy of my office with respect to officer involved shootings involving death, I am making the case file open and available to the public. Transparency is essential to promoting public trust. Please note that due to ethical, legal, and privacy issues, not all of the case file can be made public and some of the reports that have been made public have been redacted. This file will be available on the State’s Attorney website to anyone who wishes to view.
I would like to express my condolences to the family of Charles Hollstein. Also, I would like to acknowledge the Lake County Major Crimes Task Force for its professionalism, dedication, and thoroughness. And lastly, my thanks to the Citizens of Zion for their patience and cooperation in this matter.
###
Lake County State's Attorney's Office 18 N. County Street Waukegan, IL 60085 Phone: (847) 377-3000
| 
