Law enforcement officers in Joliet are confronting legal action alleging the use of excessive force during an encounter that resulted in a fatality.
Video evidence from body cameras captured 39-year-old David Malito engaged in a physical altercation with police at a service station on December 25th. Authorities reported that Malito was displaying unusual behavior, leading to his restraint. During this process, an officer placed a knee on his back.
Malito passed away soon after the incident. Police stated that toxicology reports indicated the presence of drugs in his system, attributing his death to an overdose.
The Will County State's Attorney's Office concluded its review, finding no criminal conduct by the involved officers.
In response, Malito's relatives have initiated a civil lawsuit. They are demanding an external inquiry and advocate for what they describe as enhanced training protocols for police personnel.
This event occurred approximately two weeks after the Illinois attorney general released a comprehensive report. The three-year investigation determined that the Joliet Police Department has a documented history of employing excessive force.
That earlier probe was launched following the 2020 death of Eric Lurry while in police custody. Lurry's death was also ruled a Fentanyl overdose. Officers involved maintained they were attempting to remove narcotics from his mouth and denied responsibility for his passing.