A man who sued Chicago police after an off-duty officer shot at him in the Garfield Ridge neighborhood is a step closer to a $200,000 settlement from the city.
The City Council Finance Committee approved the deal Monday for Esael Morales, who in addition to being shot at by an off-duty officer in October 2020 also was handcuffed and taken into custody by other responding police officers following the incident. Morales later was released without being charged.
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The officer who shot at Morales, Joseph Cabrera, was subsequently charged with attempted murder, aggravated discharge of a firearm, false reports and obstructing justice for the incident, which allegedly involved him drunkenly exchanging words with Morales.
The criminal case against Cabrera is still pending, city lawyer Victoria Benson told aldermen. He resigned from the Police Department in May 2021, Benson said.
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Morales and his girlfriend were sitting in a parked car near 52nd Street and Monitor Avenue in Garfield Ridge when Cabrera approached the car around 9:35 p.m., Benson said. Cabrera asked them if they needed assistance and then told them to leave.
Morales drove around the block and parked near the same spot, Benson said, and Cabrera again approached Morales’ car. When Morales got out of his car, he said Cabrera put him in a chokehold and Morales pushed him away, she said at Monday’s meeting.
“Cabrera then took out a gun, pointed it at (Morales) and fired,” Benson said. “The shot missed the plaintiff, who then ran with his girlfriend into her house, which was just down the block.”
Cabrera called 911 and reported he was an off-duty police officer who had fired his gun. On-duty officers arrived, and Morales, who did not know Cabrera was a police officer, told them Cabrera had shot at him, Benson said.
Police body camera video from the responding officers released to the public in January 2021 shows them at the scene, where Cabrera and Morales could be seen down the street from one another.
One officer approached Cabrera, who had his hands up and a handgun in his waistband. He immediately identified himself as a police officer, showed the other officers an ID and handed over the gun, the video footage shows.
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“Nobody shot at me. He started attacking me. I … fired a round,” Cabrera can be heard telling officers. “I don’t know … I’m pretty upset right now,” Cabrera told them, according to the footage.
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On the video, Cabrera can be heard telling officers that Morales and his girlfriend went through a stop sign, and that he confronted them about it and asked if they needed help.
Meanwhile, Morales can be seen down the street in the video.
“Hey, hey, stay right there!” a responding officer yelled to him. “Stop. Stop. Stop. Stop. Stop! OK, when I say stop, stop.”
“I didn’t do anything officer, he shot at me!” Morales can be heard answering, adding that he was scared. The first officer and others then restrained Morales. “Why are you putting me in handcuffs? He shot at me!” he shouted.
“Almost immediately after plaintiff voluntarily began speaking with the officers, he was placed in handcuffs,” Benson said Monday. Cabrera meanwhile told responding officers he shot at Morales after Morales attacked him.
Morales was taken into custody, and released more than seven hours later without being charged, according to Benson.
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Three months later, the Cook County state’s attorney’s office filed charges against Cabrera. Prosecutors said Cabrera was intoxicated during the incident after he submitted to a blood-alcohol test nearly four hours later and tested at 0.104%, slightly over the state’s legal driving limit for alcohol of 0.08,
The full City Council will consider the settlement for Morales on Wednesday.
jebyrne@chicagotribune.com
Twitter @_johnbyrne
