Chicago prosecutors allege Adam Toledo, 13, had a gun when he was shot by police: reports

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Prosecutors have released new details in the Chicago police-involved shooting of 13-year-old Adam Toledo, revealing that the teenager allegedly had a gun in his right hand when he was struck, and his friend had fired the bullets that prompted the officers’ response, according to multiple reports.

Toledo purportedly had a firearm in his hand, where gun residue was also found, during the March 29 shooting on the west side of Chicago, prosecutors revealed during a Saturday court appearance for the man he was with, Ruben Roman, according to local affiliate FOX 32.

Roman, 21, is reportedly seen on video firing the weapon that brought police to the Little Village neighborhood that night. He and Toledo, a seventh-grader, fled the scene together with officers in pursuit, prosecutors said.

A make shift memorial was made by community members, Tuesday, April 6, 2021, in the memory 13-year-old Adam Toledo, who was shot by a Chicago Police officer at about 2 a.m. on March 29 in an alley west of the 2300 block of South Sawyer Avenue near Farragut Career Academy High School. (AP Photo/Shafkat Anowar)

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Roman was arrested as another officer chased Toledo, who allegedly had a gun around the time the officer shot him, prosecutors said. Prosecutors alleged he did not drop the gun when he was asked to do so, according to FOX32. That gun matched the spent cartridge casings that were found in the area where Roman was firing, prosecutors said.

"If the defendant does not bring the 13-year-old with him, if he doesn’t bring his gun with him while on gun offender probation, if he doesn’t shoot that gun seven to eight times on a city street with the victim standing in arms length of him while he’s firing those shots … none of it would have happened," Assistant State’s Attorney James Murphy said in court, the Chicago Tribune reported.

Roman also allegedly gave police a fake name for Toledo, according to FOX 32. He was charged with reckless discharge of a firearm, unlawful use of a weapon by a felon and felony endangerment of a child, according to the affiliate report.

Members of Chicago's Little Village Community Council march on Tuesday, April 6, 2021 to protest against the death of 13-year-old Adam Toledo, who was shot by a Chicago Police officer at about 2 a.m. on March 29 in an alley west of the 2300 block of South Sawyer Avenue near Farragut Career Academy High School. (AP Photo/Shafkat Anowar)

According to police, officers were dispatched to Little Village neighborhood shortly before 3 a.m. on March 29 after the department’s ShotSpotter technology detected the sound of eight gun shots.

Prosecutors said police who arrived on scene shouted at Toledo to show them his hands and stop running away, according to charging documents obtained by FOX32. When he did so, he stood with his right hand at his right side and had his left side closest to the officer, the report states.

Toledo allegedly did not drop the gun when the officer asked him to do so.

ABC 7 Chicago reported the gun was in Toledo's right hand, and police shot him in the chest when he turned toward the officer. 

He was struck once in the chest and died at the scene. A Ruger 9mm was reportedly recovered nearby.

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Toledo’s family is reportedly expected to see the footage of Toledo’s shooting for the first time this week. Police or watchdog officials are expected to release the video to the public soon after.

During Saturday’s court hearing, Roman’s attorney, Assistant Public Defender Courtney Smallwood, vigorously rejected the implication that Roman is responsible for Toledo’s death, noting that the gun was allegedly recovered from Toledo.

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"The victim is dead at the hand of the Chicago police officers, not my client," she said, calling Toledo’s death "tragic."

Roman was ordered held on $150,000 bond on charges of child endangerment and gun possession.

The Associated Press contributed to this report.